Skip to main content
Donate
  • COVID-19
  • What We Dotrigger
    DonateBack
    • Our Strategytrigger
      DonateBack
      • Relevance
      • Rate
      • Rigor
      • Resilience
  • What You Can Dotrigger
    DonateBack
    • Conserve Your Landtrigger
      DonateBack
      • Getting Started
      • Conservation Options
      • Benefits for Landowners
      • Questions?
  • Issues & Actiontrigger
    DonateBack
    • Take Actiontrigger
      DonateBack
      • Advocacy Webinars
      • Ambassadors
      • Tax Incentives
    • Issues
    • Tools & Tipstrigger
      DonateBack
      • Politics: What’s Allowed?
      • Connect with Congress
      • Social Media for Advocacy
      • 10 Ways to Say Thank You
      • Media Outreach for Advocacy
      • Advocacy Days
    • Success Stories
  • For Land Truststrigger
    DonateBack
    • Topicstrigger
      DonateBack
      • Accreditation
      • Attorneys
      • Boards
      • Climate Change
      • Collaboration
      • Communications
      • Community Conservation
      • Conservation Defense
      • Economic Benefits
      • Federal Programs
      • Fundraising
      • Insurance
      • Land Trust Standards and Practices
      • Stewardship
      • Strategic Conservation
      • Taxes
      • The Learning Center
      • Field Services
    • Resourcestrigger
      DonateBack
      • Articles
      • Conferences
      • Express Learning Kits
      • Publications
      • Success Stories
      • Webinars
      • The Learning Center
      • Field Services
    • Membershipstrigger
      DonateBack
      • The Learning Center
      • Field Services
  • Membershiptrigger
    DonateBack
    • Land Trust Members
    • Land Trust Memberstrigger
      DonateBack
      • Frequently Asked Questions
    • Affiliates
    • Affiliates
    • Our Top Ten
  • Givingtrigger
    DonateBack
    • Individual Supporterstrigger
      DonateBack
      • Guardians of the Land Society
      • President’s Circle
      • Monthly Giving
      • Planned Giving
    • Corporate Circle
  • Blog
  • The Learning Center
  • Jobs
  • Experts
  • Abouttrigger
    DonateBack
    • Strategic Plan
    • Land Trust Alliance Jobs
    • Historytrigger
      DonateBack
      • Summary Timeline
    • Staff Directorytrigger
      DonateBack
      • Leadership
    • Board of Directors
    • Offices
    • Saving Land Magazine
    • Annual Report
    • Charity Ratings
    • Awards Program
    • Partnerships
    • Press Releases
    • National Land Trust Census
    • Leadership Program
  • Press
  • Contact
  • The Learning Center
Home
Home Search Menu
Home
  • Blog
  • Jobs
  • Experts
  • About
  • Press
  • Contact
  • The Learning Center
  • COVID-19
  • What We Do
  • What You Can Do
  • Issues & Action
  • For Land Trusts
    • Explore Topics

      AccreditationAttorneysBoardsClimate ChangeCollaborationCommunications
      Community ConservationConservation DefenseEconomic BenefitsFederal ProgramsFundraisingInsurance
      Land Trust Standards and PracticesStewardshipStrategic ConservationTaxes
      AccreditationAttorneysBoardsClimate ChangeCollaborationCommunicationsCommunity ConservationConservation Defense
      Economic BenefitsFederal ProgramsFundraisingInsuranceLand Trust Standards and PracticesStewardshipStrategic ConservationTaxes
    • Resources and Tools

      • Articles
      • Conferences
      • Express Learning Kits
      • Publications
      • Success Stories
      • Webinars
      • The Learning Center
      • Field Services
    • Membership

      • Member benefits
      • Affiliate benefits
      • Become a member
      • Become an Affiliate
  • Membership
  • Giving
  • Donate
For Land TrustsFor Land Trusts

A Walk in the Park

Source: 
Land Trust Alliance
Author: 
Lorri Barrett

A calming walk in a park often rescues the sanity of many beleaguered worker, parent, child or spouse. We know the critical nature of open space and the court affirmed its importance explicitly recognizing the “healthful and civilizing influence of parks in and near congested areas of population.”

The Commonwealth of Massachusetts Supreme Judicial Court judges have had to take calming walks in Boston Commons it seems from reading their opinion in a recent case, Smith v. Westfield. Their opinion cites a litany of facts which indicate that the federal government, the state, the regional and city officials and the public all considered a particular property a park for over 60 years. They stopped the city and school district from turning it into an elementary school building.

The court invoked the “public dedication doctrine” (aka “prior public use doctrine”), effectively imposing (without a recorded legal document) an easement for the benefit of all people (not only city residents). The court  appears to give great weight to the city’s acceptance of Federal Land and Water Conservation Fund monies, which imposed a condition (accepted by the city) of future uses consistent with the open space uses intended by the grant. The court then expanded beyond the narrow holding it could have made concerning a constitutional issue to include commentary about a case involving development of the Boston Common to say that something expressly dedicated and used by the public for a public purpose cannot be destroyed even for some other later public purpose.

Join Us

Together we will advance change and increase impact for land conservation.
Donate Renew Join

Count on Us

The Land Trust Alliance makes careful use of your support.

View our charity ratingsCharity Navigator: Four Star CharityBetter Business Bureau: Accredited Charity

Stay Informed

Get our e-newsletter filled with tips and info about the places you love.

Connect with Us

Land Trust Alliance
1250 H Street NW
Suite 600
Washington, DC 20005
info@lta.org
202-638-4725

FacebookTwitterLinkedinYoutubeInstagramBlog RSS
© Copyright 2021 Land Trust Alliance
  • Privacy Policy
  • Site Map
  • Contact Us
  • En Español