Article 97 Land Transfers
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.
In the 2005-2006 legislative session laws were enacted authorizing disposal or change in control or use of 98 parcels of commonwealth, city, and town lands. Of these, 60 parcels, or 61%, were subject to Article 97. In addition there were 20 parcels, which are unidentified as to whether they were covered by Article 97 or not. Some likely were.
The identified Article 97 land transfers are
summarized in the table below. In
almost all cases the lands were destined to become construction sites.
The purposes of the construction were varied.
In 11 instances 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, etc.)
In 43 instances, or 72%, there was no replacement
land of any kind. In only five, or
8%, of the transfers was there replacement land of equivalent acreage.
Some of the “replacement
land” was land already belonging to the owner and in at least one case was
Article 97 land, thereby leading to a net loss in Article 97 land.
There were eight instances in which the legislation called for some form
of mitigation but left open the question of the exact form.
|
Dispositions
and Changes in Use and Control of Article 97 Lands Authorized by Statute
in 2005-2006 |
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|
Numbers
of parcels and percentages of total |
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|
|
|
|
|
|
|
Owner |
|
|
|
|
|
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Cities
and towns |
33 |
55.0% |
|
|
|
Commonwealth |
27 |
45.0% |
|
|
|
Total |
60 |
100.0% |
|
|
|
|
|
|
|
|
Natural
resource purpose of land* |
|
|
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|
|
Park
(includes playgrounds and parkways) |
18 |
30.0% |
|
|
|
Conservation |
15 |
25.0% |
|
|
|
Recreation |
6 |
10.0% |
|
|
|
Water
supply and water shed |
3 |
5.0% |
|
|
|
Agricultural
restriction |
3 |
5.0% |
|
|
|
|
2 |
3.3% |
|
|
|
Environmental
purposes |
1 |
1.7% |
|
|
|
Historic
preservation |
1 |
1.7% |
|
|
|
Unspecified |
11 |
18.3% |
|
|
|
Total |
60 |
100.0% |
|
|
|
|
|
|
|
|
Interest
conveyed** |
|
|
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|
|
Title |
19 |
31.7% |
|
|
|
Easement |
21 |
35.0% |
|
|
|
Lease |
6 |
10.0% |
|
|
|
Change
in use or control |
11 |
18.3% |
|
|
|
Release
of agricultural restriction |
3 |
5.0% |
|
|
|
Total |
60 |
100.0% |
|
|
|
|
|
|
|
|
Replacement
land required |
|
|
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|
|
None |
43 |
71.7% |
|
|
|
Unspecified
land or payment |
8 |
13.3% |
|
|
|
Yes |
5 |
8.3% |
|
|
|
Yes,
less acreage |
1 |
1.7% |
|
|
|
Yes,
unspecified acreage |
3 |
5.0% |
|
|
|
Total |
60 |
100.0% |
|
|
*
In some cases there were multiple purposes, in which case the land
has been classified here under only one, e.g., conservation and recreation
would be classified as conservation. |
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| **
Some legislation authorized grant of more than one type of
interest, in which case the authorization is classified here as the
highest interest, e.g., authorization to grant title or easement would be
classified as title. |
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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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