Issue Background
Once the state makes an investment of taxpayers' money in open space land, that land should be maintained for the purpose it was originally acquired. The proposed bill protects existing public open space from development by creating a stricter process for municipal and state land transfers. Protecting existing open space - especially in already densely developed cities - is essential to enhancing the quality of life for present inhabitants, and for ensuring the health and well-being of future generations.

The bill addresses Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, which states that the people of the Commonwealth have the right to clean air and water, freedom from excessive noise, and other rights including, but not limited to, the conservation, development, and utilization of natural resources. The act also states that "lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote."

Proposed Remedy
This bill makes transfer of land to a new but inconsistent use the avenue of last resort. If conversion is deemed necessary and appropriate, the bill would impose several requirements on the conversion:

• Development on the land to be disposed of does not destroy a significant conservation or historic resource on the land or nearby lands;
• Reasonable alternatives to the conversion of Article 97 lands would be explored and ruled out before a transaction moves forward;
• The conversion cannot be in violation of any restrictions placed by the original donor or seller of the property.

Once alternatives have been explored (through the MEPA process where applicable), legislation to transfer land would be required to include descriptions of:

• the size and location of the parcel;
• the present public use(s) of the land;
• any new, inconsistent public use;
• if land is to be transferred to private ownership, the new use, the parties involved in the new use, the advantage to be gained by such parties; and
• mitigation to be provided to ensure no net loss of lands acquired for natural resource purposes.

Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts

"The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.

The general court shall have the power to enact legislation necessary or expedient to protect such rights.

In the furtherance of the foregoing powers, the general court shall have the power to provide for the taking, upon payment of just compensation therefor, or for the acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed necessary to accomplish these purposes.

Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court."