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The purpose is to ensure no net loss of Article 97 lands under the ownership and control of the Commonwealth and its political subdivisions. EOEEA Article 97 Land Disposition Policy (February 19, 1998). 97s language of land "taken or acquired" for conversation purposes. An important long-term goal of this mission is, preserving natural infrastructure. Article 97 reaffirmed that view and made it a part of the Massachusetts Constitution. FN3. How? Please limit your input to 500 characters. This website may be construed as an advertisement or solicitation and should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege. Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ' [l]ands and easements. In addition to these procedural requisites protecting public lands, specific types of real estate and resources are governed by individual statues. 1 Prior to City of Westfield, Article 97s application was limited to circumstances where an instrument, recorded in the title of property (including an instrument of taking), indicated an intent by the state entity or municipality to limit the use to conservation purposes. We will use this information to improve this page. 97] and cannot be converted from intended use without permission from the National Park Service and the Massachusetts Executive Office of Energy and Environmental Affairs. See e.g. amend. Therefore, [r]egardless of whether the parcel had been dedicated earlier to a public park, it became so dedicated once the city accepted Federal funds pursuant to this condition.. Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ' [l]ands and easements. Statement in compliance with Texas Rules of Professional Conduct. 0000001654 00000 n The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. See EEA Article 97 Land Disposition Policy, available at http://www. 97 if (1) "the intent to dedicate [the land permanently is] made manifest by the unequivocal declarations or acts of the owner" and (2) "where the dedication is accepted by the public. Mirkovic v. Guercio, 2017 WL 4681972 (Mass. Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. I. If municipalities want to keep their options open for non-parkland future uses, they should be cautious in accepting financial assistance for parkland improvements if the monies come with strings attached. The plaintiffs then appealed to the Land Court, arguing that the Town had acquired the property for purposes protected under Article 97 and that the ZBA had exceeded its authority by authorizing the disposition of the publics rights in the property without a vote of two-thirds of both branches of the Massachusetts Legislature. Constitution (Count II) guaranteeing all state citizens the "right to clean water". Selectmen of Hanson v. Lindsay, 444 Mass. 0000001002 00000 n Recent CFPB Actions Focus on Protecting Military Families, New and Updated Guidance on the Scope of the UK Plastic Packaging Tax. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 97. It has been a public playground for more than 60 years. An Act relative to Article 97 of the Amendments to the Constitution of the Commonwealth to be preserved for municipal park and open space purposes lo. The Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. An earlier common law doctrine is still in effect, the prior use doctrine. 6 Ibid. 5 Id. Please limit your input to 500 characters. Michigan PFAS Challenge Arguments Briefed For The Court. We refer to the provision as art. Mirkovic v. Guercio, 2017 WL 4681972 (Mass. 4CnaiEQbO1ZL!H\*2bIcg7a}U6*k.UuTlKY3,(6iV{UzO. You skipped the table of contents section. solely to the Legislature. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: The Massachusetts Supreme Judicial Court significantly broadened the scope of Article 97 and, thus, the constraints on the development of property by governmental entities in Massachusetts, in the case of. art. 0000001303 00000 n 97 protection.3 Land may be so designated by (1) taking by eminent domain for the purposes of conservation or recreation, (2) recordation of a deed restriction, or (3) the doctrine of prior public use.4, Under the "prior public use" doctrine, land may be deemed to be designated as a public park and protected by art. The sole issue was whether the land was protected by Art. In City of Westfield, the Court applied these rules to a proposed change, by Westfield, of a public park into a new elementary school. 97.6. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.Website by Azurelink. Please do not include personal or contact information. US Executive Branch Update March 2, 2023. Buyers of such property should go beyond a standard title search in conducting due diligence when responding to RFPs by a municipality or state entity. Article 97 Article 97 of the Articles of Amendments to the Constitution of the Commonwealth of Massachusetts (Art. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. 97 provides, in part, that property taken or acquired for conservation purposes shall not be used for other purposes without approval by a two-thirds vote of each branch of the state legislature. The Land Court determined that, while protection of water resources was "unquestionably" an Article 97 protected purpose, the allowance in the deed for "other compatible purposes" was not within the scope of Article 97 and that the property was therefore not subject to Article 97. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. 49 (2017), the Supreme Judicial Court considered whether Article 97 of the Amendments to the Massachusetts Constitution applied to a parcel of land originally acquired by the city through a tax taking. 97 provides, in part, that property "taken or acquired" for conservation purposes "shall not be used for other purposes" without approval by a two-thirds vote of each branch of the state legislature. This reduces the need for costly state and municipal investments in man-made drinking and storm water filtration infrastructure. Article XLVIII, Amendments to the Massachusetts Constitution. All rights reserved. A PLPA Portal has also been created to streamline the submission process by providing an online tool for EEA to accept required documents and easily post alternative analyses, facilitating compliance with the PLPAs public notice requirement. (citing Mahajan, 464 Mass. Share sensitive information only on official, secure websites. The Massachusetts Constitution of 1780written, in large part, by John Adamsserved as a key model. Article 97 of the Massachusetts Constitution is one of many important layers of legal protection for public conservation land. c. 30, 10A). 0000002487 00000 n [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. permit for the use of land for the primary purpose of agriculture, Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1 furthers . It is the seventh smallest of the U.S. states in terms of total area. c. 45, 23A-23C (shore reservations): G.L. Click here to sign up for city emergency alerts - including community event alerts, Fire Department notifications, law enforcement alerts, general information alerts, and public works notifications. The closer you look, the worse it seems. The Court considered the totality of the circumstances, but the most determinative factor was the Citys acceptance of federal funding, which required the City to maintain the land as a public park unless it first obtained federal approval to change its use. Land Court, Oct. 18, 2017). As the bylaw allowed a broad array of uses that were compatible with the water protection purposes for which the property was acquired, and those uses did not meet the purposes of Article 97, the Land Court found that the deed language was insufficient to invoke Article 97 protections. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. a clear and consistent disposition process that honors the integrity of Article 97 of the Amendments to the Massachusetts Constitution. Understand your clients strategies and the most pressing issues they are facing. Selectmen of Hanson v. Lindsay, 444 Mass. The Court reasoned that, it is likely that even without the federal funding, the park would have been considered to be dedicated and accepted as a public park because it "served as a public playground for more than sixty years." amend. 97 protection.3 Land may be so designated by (1) taking by eminent domain for the purposes of conservation or recreation, (2) recordation of a deed restriction, or (3) the doctrine of prior public use.4, Under the "prior public use" doctrine, land may be deemed to be designated as a public park and protected by art. Until the new Constitution was ratified, the country was governed by the Articles of Confederation. The Land Court reasoned that the phrase "other compatible purposes" needed to be read within the context of the Towns Water Protection District zoning bylaw, which allowed, among other things, commercial, industrial, and institutional uses, and even the handling and storage of toxic or hazardous materials, in the Water Protection District. It created a powerful Governorelected directly by the . This legislation, also known as the PUBLIC LANDS PROTECTION ACT (PLPA), declares that it is the policy of the Commonwealth that there should be no net loss of lands or easements protected under Article 97. Build a Morning News Brief: Easy, No Clutter, Free! Finally, Richard . White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. Please let us know how we can improve this page. In the first judicial decision to apply this Article 97 guidance, the Massachusetts Land Court held that property conveyed to a town "for the purposes of protection of water resources and other compatible purposes including conservation and recreation" is not protected land under Article 97, and therefore could be leased to install a solar facility. In the Westfield case, the SJC revisited its analyses in determining whether Article 97 state constitutional protections apply to restrict development of land held by state and municipal entities "for conservation and natural resource protection purposes." Suggestions are presented as an open option list only when they are available. It was the first state constitution to be ratified by the people directly rather than by the people's representatives. trailer << /Size 31 /Info 13 0 R /Root 16 0 R /Prev 79316 /ID[<8b27b9cafb9fa5bfe7c537cdd9cd2c8b><85b9ad623fecba47854c839ea22f665f>] >> startxref 0 %%EOF 16 0 obj << /Type /Catalog /Pages 12 0 R /Metadata 14 0 R /PageLabels 11 0 R >> endobj 29 0 obj << /S 80 /L 135 /Filter /FlateDecode /Length 30 0 R >> stream In 2011, Westfield proposed to build an elementary school on the parcel. Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. 1 Prior to City of Westfield, Article 97s application was limited to circumstances where an instrument, recorded in the title of property (including an instrument of taking), indicated an intent by the state entity or municipality to limit the use to conservation purposes. The Court reasoned that, it is likely that even without the federal funding, the park would have been considered to be dedicated and accepted as a public park because it "served as a public playground for more than sixty years." The United States Bill of Rights comprises the first ten amendments to the United States Constitution.Proposed following the often bitter 1787-88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the . The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. (quoting Hayden v. Stone, 112 Mass. c. 45, 21 (city and town forests); G.L. 4 Id. Art. Buyers of such property should go beyond a standard title search in conducting due diligence when responding to RFPs by a municipality or state entity. As a member of the Massachusetts Constitutional Convention of 1779, John Adams was the document's principal author. 97 if (1) "the intent to dedicate [the land permanently is] made manifest by the unequivocal declarations or acts of the owner" and (2) "where the dedication is accepted by the public. When a landowner sells or donates a CR, s/he can continue to live on or work the land - in accordance with the CR's provisions - and can sell the land or pass it on to heirs. ) or https:// means youve safely connected to the official website. We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. Appeals Court Rebuffs Mortgagees Novel Bid For Equitable Subrogation, Trustee of Realty Trust Saved from Application of Merger Doctrine (at least for now), Safety Issue Can Be Hardship Justifying A Zoning Variance. In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected by Article 97 of the Amendments of the Massachusetts Constitution. Top-requested sites to log in to services provided by the state. Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ' [l]ands and easements taken or acquired' for conservation purposes 'shall not be used for other purposes or disposed of' without the approval of two thirds roll call vote of each We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. An important long-term goal of this mission is, preserving natural infrastructure. 0000000981 00000 n 1999-2022 McGregor Legere & Stevens, PC - All Rights Reserved. 97. XLIX). EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. In order to preserve the land for agricultural purposes. If you would ike to contact us via email please click here. 97s language of land "taken or acquired" for conversation purposes. "5 No specific amount of time is required for such dedication to take effectas long as the intent to permanently render the land a public park is clearly and unequivocally manifested, and the public accepts such dedication, the land becomes subject to art. NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. Patricia DeAngelis is a member of the Business and Finance Department and the Commercial Real Estate Development and Construction Practice Groups. In Smith v. City of Westfield, the SJC expanded the reach of Art. Const. Art. In City of Westfield, the Court departed from that strict rule and held "that land may be protected by art. 1. This page is located more than 3 levels deep within a topic. 0000000760 00000 n 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. A lock icon ( One way to protect land is through "fee simple" acquisition by purchasing or accepting the donation of the entire interest in a piece of property. (citing Mahajan, 464 Mass. Get engaged and receive the information you need right in your inbox. 97 protection. She has significant experience in advising owners, lenders and contractors on both private and public constructionprojects and in drafting and negotiating construction contracts. 97. Many public lands within municipalities are managed under these laws. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 346, 349 (1873)). The Land Court determined that, while protection of water resources was "unquestionably" an Article 97 protected purpose, the allowance in the deed for "other compatible purposes" was not within the scope of Article 97 and that the property was therefore not subject to Article 97. Become your target audiences go-to resource for todays hottest topics. 97). 97.6. We have been working for all manner of clients since the 1970s on the many ways that Article 97 and public trust obligations come up in business and residential transactions, policy and strategy considerations, and of course court cases where these restrictions are litigated, interpreted and enforced. In 1979, Westfield received agrant from the federal government under the Land and Water Conservation Fund Act (LWCF), which mandated that [n]o property acquired or developed with assistance under this section shall be converted to other than public outdoor recreation uses without the approval of the U.S. Secretary of the Interior. This website is maintained by Pierce Atwood LLP. Article 97 of the Amendments to the Massachusetts Constitution (Art. MASSACHUSETTS CONSTITUTION. This is a site offering non-comprehensive commentary. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. The content and links on www.NatLawReview.comare intended for general information purposes only. Questions? An Act Preserving Open Space in the Commonwealth, also known as the Public Lands Preservation Act (PLPA), established in statute requirements and a process for submission to the legislature of petitions to authorize the use for another purpose or disposition of land subject to Article 97 of the Amendments to the Constitution of the Commonwealth (Art. Article 97 of the Amendments to the Massachusetts Constitution (Art. tune squad jersey; uva1 amazon; trailers for rent kent county delaware; best missing child movies; webtoon personality database;. Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ' [l]ands and easements. Article number in Roman numerals. 2 Id. It is intended for general information purposes and as a service to clients and friends of Pierce Atwood LLP. 45 Op. Waters of the United States and Winston Churchill. the purposes set forth in Article 97 of the Amendments to the Massachusetts Constitution, a CONSERVATION RESTRICTION (hereinafter "CR"), in accordance with Massachusetts General Laws, (hereinafter "G.L.") Chapter 184, Sections 31 and 32 and G.L. Selectmen of Hanson v. Lindsay, 444 Mass. c. 30, 10A). at 615-16). In City of Westfield, the Court applied these rules to a proposed change, by Westfield, of a public park into a new elementary school. Article 97 of the Massachusetts Constitution ensures "the protection of the people in their right to the conservation, development and utilization of the agriculturaland other natural resources." . Which is mandated by Article 97 of the state constitution. The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. Carefully Consider the Scope of Releases When Settling Claims between Family-Business Owners, Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation, CT Supreme Court Issues Punitive Damages Ruling Favorable to Policyholders, Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral. A group of residents of the Town appealed the Planning Boards site plan approval to the Zoning Board of Appeals (ZBA), which denied the residents petition to reverse the Planning Boards decision. The company thereafter entered into an agreement with the Town to lease the project site on the property. In 1990, the Town of Shirley acquired property under a deed that provided the land was being conveyed to the Town "for purposes of protection of water resources and other compatible purposes including conservation and recreation as approved and authorized by the voters of the Town of Shirley.." In 2015, the Towns Planning Board granted site plan approval and a special permit to a solar energy company for the construction and operation of a solar energy generating facility on a section of the property. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. Adopted by the voters in November 1972, Article 97 of Amendments to the Massachusetts Constitution requires special, high-level consideration of any proposed disposition of or change in use of parklands. For example the drinking water filtration that forested lands provide. 3 Id. In Smith v. preserve the land for agricultural purposes. Monday Friday. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. Copyright 2023 Pierce Atwood LLP. 97. In this case, the determinative factor was Westfieldsacceptance of federal conservation funds to rehabilitate the playground, which had an accompanying restriction by which the city surrendered all ability to convert the playground to a use other than public outdoor recreation. The National Law Review is a free to use, no-log in database of legal and business articles. Hb```f``9Ab 1D,@,fg_| Qo.i g8('/=a%Cb`L@ ` 5 endstream endobj 30 0 obj 130 endobj 17 0 obj << /Type /Page /Parent 12 0 R /Resources 18 0 R /Contents 24 0 R /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 >> endobj 18 0 obj << /ProcSet [ /PDF /Text ] /Font << /TT2 20 0 R /TT4 19 0 R >> /ExtGState << /GS1 26 0 R >> /ColorSpace << /Cs6 23 0 R >> >> endobj 19 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 89 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 0 0 0 0 500 0 0 0 0 0 500 500 500 0 0 0 0 0 0 0 722 667 722 722 667 611 0 0 389 0 0 667 0 722 778 611 0 722 556 667 722 0 0 0 722 ] /Encoding /WinAnsiEncoding /BaseFont /CGOEEA+TimesNewRoman,Bold /FontDescriptor 22 0 R >> endobj 20 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 167 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 0 667 722 611 556 722 722 333 0 0 611 889 722 722 556 0 667 556 611 722 722 944 722 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 500 333 389 278 500 500 722 500 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 333 0 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 ] /Encoding /WinAnsiEncoding /BaseFont /CGODNA+TimesNewRoman /FontDescriptor 21 0 R >> endobj 21 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /CGODNA+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 25 0 R >> endobj 22 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -558 -307 2034 1026 ] /FontName /CGOEEA+TimesNewRoman,Bold /ItalicAngle 0 /StemV 160 /FontFile2 27 0 R >> endobj 23 0 obj [ /ICCBased 28 0 R ] endobj 24 0 obj << /Length 2917 /Filter /FlateDecode >> stream The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Locking Tik Tok? Some page levels are currently hidden. ) or https:// means youve safely connected to the official website. McGregor Legere & Stevens, PC 15 Court Square . El department de obra publicas de Holyoke esta emitiendo un anucio sobre la prohibicion de estacionamiento 5:00pm Viernes 3 de Marzo 2023 hasta nuevo aviso. The CR is recorded with the property deed, and the terms of the agreement remain in place on the land even if the land changes ownership. HWr}W %B+Ylely8` Is7U$9}j Wc'p8"rmCuV\\c;Ut]^}|wWk\.>~w5_\~Z\8b"l dP.m 3oXvv$?.n\b+&vw>:c^ M2%E+H"ia;/u,g"oV7t.,_>_\y u5Q&_~[|]0&14 :s:b8##s 4 P7ivhD_9 z=Dcd wxg;Mr California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. (citing Mahajan v. Dept. The history of each parcel of protected land must be examined to ensure that each layer . Turning to the issue of whether the Cross Street Playground was dedicated by Westfield as a public park entitled to the protections of Art. at 615-16). Any class of property the income from which is taxed under the provisions of this article may be exempted from the imposition and levying of proportional and reasonable assessments, rates and taxes as at present authorized by the constitution. The phrase "the right to keep and to bear arms" is codified in Article XVII of the Massachusetts Constitution, which Adams wrote in his office as a "subcommittee of one," as he called himself . 502, 508-509 (2005). of Environmental Protection, 464 Mass. 97. Dmv.virginiaIf you wish to drive on Virginia streets and roads, you must have a Virginia driver's licence or learner's permit. Adopted by the voters in November 1972, Article 97 of Amendments to the Massachusetts Constitution requires special, high-level consideration of any proposed disposition of or change in use of parklands. This law, in Title 97, Chapter 29, also includes public drunkenness. FN4. As the bylaw allowed a broad array of uses that were compatible with the water protection purposes for which the property was acquired, and those uses did not meet the purposes of Article 97, the Land Court found that the deed language was insufficient to invoke Article 97 protections. 97 purpose. The SJC acknowledged, however, that it has previously recognized that land may be protected under Art. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 502, 508-509 (2005). The Massachusetts State Constitution the first to be adopted by Constitutional Convention, and the oldest still-operating document of its kind in the world, was voted on and passed in Cambridge 235 years ago this week. 97 if (1) "the intent to dedicate [the land permanently is] made manifest by the unequivocal declarations or acts of the owner" and (2) "where the dedication is accepted by the public.". Const. 1 Westfield, 478 Mass. All questions related to the PLPA or Art. The park was not taken by eminent domain, and no instrument was recorded that would limit its usage to conservation or public recreation. c. 45, 1-13 (city and town parks); G.L. In City of Westfield, the Court departed from that strict rule and held "that land may be protected by art. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art.