Pennsylvania Coal has transcended its primary relevance as a touchstone for compensation for the taking of private property to become a limit on governmental power over the individual and business interests in a range of land use and financial settings.

This session will survey the origin and evolution of Regulatory Takings through the U.S. Supreme Court and Massachusetts SJC cases, with attention to the essential holdings, latest decisions, and who has to prove what to win invalidation of government restrictions or money damages or both.

It also will identify the reasons why Regulatory Takings cases are so hard to win and why clients’ expectations are so out of sync with what legal counsel must prove to the satisfaction of the judge or jury.

Public Lands Preservation Act and EOEEA Regulations for Article 97 Bills at REBA's All-Virtual 2024 REBA Spring Conference

Kurt Gaertner, EOEEA Director of Land Policy & Planning, and Gregor I. McGregor, Esq., McGregor Legere & Stevens PC will present an online session on the new Public Lands Preservation Act (PLPA), effective last year.

This law establishes a process for submitting an “Article 97 bill” to the Massachusetts Legislature to authorize a new use and/or disposition (“Article 97 Action”) affecting “Article 97 Land” that is protected by Article 97 of the Amendments to the Massachusetts Constitution. This session summarizes the new law offering practical tips to help your clients.

Article 97 lands are those public areas of state, regional or local government originally taken or acquired, or subsequently dedicated. for “natural resource purposes.” Typically, they are called parklands, but they also include many other types of open space, conservation land and water areas, and other properties. Sometimes, these parklands are the subject of sales, swaps, leases, or transfers within government, with or without or changes in use. These trigger your Article 97 obligations and new procedures.

Public and private landowners, agency officials, property managers, land use planners, facility operators, boards and agencies, and legal counsel involved in transactions, permitting and authorizing legislation should be familiar with the new PLPA duties and process. This breakout is a synopsis of the new law and practical tips to help your clients comply.

To register for REBA's all-virtual 2024 Spring Conference, you may do so online at the REBA website or by phone at (617) 854-7555. Registration is open to REBA members. The 2024 Spring Conference has been approved by the RIMCLE for six general video replay credits, or five general + one ethics video replay credits.

Beginning Monday, May 6, recordings of the 12 RIMCLE-accredited breakout session presentations, together with the session materials, PowerPoint presentations, and conference syllabus, will be posted to a dedicated webpage, accessible only to conference registrants, for a period of one year. REBA members, click the REGISTER button below, then click the Login to Register button.