There was evidence at trial that conservation restrictions currently protect more than 4,000 properties in Massachusetts. 184, §§ 32- Conservation restrictions have become a popular tool for land conservation in the Commonwealth. The creation of a permanent conservation restriction requires government approval, including by the Secretary of Energy and Environmental Affairs, who must determine that the restriction is in the public interest. 184 furthers "the public benefits of conserving land and water in their 'natural, scenic or open condition.'" Weston Forest & Trail Ass'n v. The grantor maintains possession but grants a nonpossessory interest in the property to a holder - generally a government entity or charitable organization - which agrees to protect the natural aspects of the property. 2 We acknowledge the amicus brief submitted by the Massachusetts Audubon Society and the Massachusetts Land Trust Coalition. See, As discussed below, Wildlands Trust did not preserve for appeal its claim that the judge erred in placing the burden of proof on it at trial. The grantor of a conservation restriction voluntarily restricts the use of its land. 184, §§ 31-33, which created a framework to protect conservation lands, historic properties, and agricultural lands through the use of what are essentially negative easements. In 1969, the Massachusetts Legislature enacted the Conservation Restriction Act, G. However, we affirm the judgment because we agree with the judge that Wildlands Trust did not prove that Cedar Hill committed a breach of the restriction as properly construed.2,3 Background. ![]() We agree that the judge's interpretation of one provision of the restriction was inconsistent with its plain meaning. (Wildlands Trust), contends that a Superior Court judge incorrectly construed certain provisions of the restriction, and that, as a result, the judge erred in determining that Cedar Hill did not violate the restriction. The plaintiff, Wildlands Trust of Southeastern Massachusetts, Inc. In this case, we interpret a conservation restriction (restriction) voluntarily placed on a parcel of real property owned by the defendant, Cedar Hill Retreat Center, Inc. Consistent with our practice, we use the entity name that appears in the amended complaint. Wildlands Trust of Southeastern Massachusetts, Inc., has changed its name to Wildlands Trust, Inc. Romero, for Massachusetts Audubon Society & another, amici curiae, submitted a brief. Emily Kanstroom Musgrave for the plaintiff. ![]() Civil action commenced in the Superior Court Department on May 4, 2016. Practice, Civil, Findings by judge, Presumptions and burden of proof. ![]() If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 19-P-971 Appeals Court WILDLANDS TRUST OF SOUTHEASTERN MASSACHUSETTS, INC.1 HILL RETREAT CENTER, INC. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.
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