Because of development, inadequate zoning and land use planning, and the scarcity of open space in many cities and towns, public parks and other lands with natural resource value present tempting targets to developers, school administrations, and cash-strapped cities and towns looking for building sites. The very lack of open space in densely populated communities increases both the vulnerability of a public park and the importance of making sure that it remains a public park. 

Despite the intent of Article 97, lands in theory protected by Article 97 are routinely converted to other uses. 

The 2005-2006 and 2007-2008 legislatures passed acts authorizing 98 and 135, respectively, disposals or changes in control or use of commonwealth, city, and town lands.  Of these, 60 transactions, or 61%, in 2005-2006 and 83 transactions, or 61%, in 2007-2008 involved lands or easements subject to Article 97.  In addition there were 20 authorizations in 2005-2006 and 27 in 2007-2008, which are unidentified as to whether the lands were covered by Article 97 or not.  Some likely were.

The identified Article 97 land transactions are summarized in the table below.  In most cases the lands were destined to become construction sites.  The purposes of the construction were varied.  In 11 instances in 2005-2006 (21 in 2007-2008) the purpose was unspecified.  The easements were mostly for utilities (electric, gas, water, sewer) or access.  Otherwise the purposes were almost as numerous as the parcels involved (parking lots, housing, schools, memorials, runways, water supply, etc.)  

In 44 transactions, or 73%, in 2005-2006 there was no replacement land of any kind.  The comparable numbers were 52 transactions and 63% in 2007-2008.  In only five, or 8%, of the cases was there replacement land of equivalent acreage in 2005-2006.  In 2007-2008 there were 16 transfers requiring replacement land of equivalent acreage, or 19% of the total.  There were a group of 11 transactions in 2005-2006, or 18% of the total, and another 15 in 2007-2008 (also18% of the total) in which there was some provision for replacement land, but the land was of lesser acreage than the land being disposed, was to be some unidentified parcel acquired in the future, optional (in some cases payment of cash was an allowed substitute), or a specific parcel but with so little information it was impossible to determine to what extent the parcel qualified as replacement land.

For the 1999-2004 period, a partial list of Article 97 land transfer bills has been provided in a study by the Joint Committee on Local Affairs and Regional Government.  The study showed that in that period 75 bills for transfer of title to municipal land came before that committee and were approved by the legislature.  In the great majority, transfer involved loss of forest, park, wetland, field, playground, open space, conservation, well field, or recreational land.  In many cases the new use was not public but private.

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