Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 5.00 - LAND and PARC Programs
Section 5.08 - Conversion and Reversion

Universal Citation: 301 MA Code of Regs 301.5

Current through Register 1531, September 27, 2024

(1) Conversion. Property acquired or developed with assistance from the LAND or PARC Program shall be retained and used at all times for conservation and passive outdoor recreation purposes for LAND projects or park and active outdoor recreation purposes for PARC projects in accordance with M.G.L. c. 132A, § 11, St. 1977, c. 933, and M.G.L. c. 45 § 1 and 3. Any property so acquired or developed shall not be wholly or partly converted to other than public active or passive outdoor recreation, park or conservation purposes without the approval of the Secretary. Converted property shall comply with Article 97 of the Massachusetts Constitution and shall be replaced with land of at least equal fair market value, natural resources or park values, acreage and of equivalent usefulness for active or passive outdoor recreation. The Secretary may disapprove conversion requests or reject proposed property substitutions. Grant contracts, at the discretion of the Secretary, may be subject to specific performance.

(2) Reversion. Property acquired or improved with LAND or PARC Program funds shall be retained and used at all times for open space purposes in accordance with M.G.L. C.132A, §11, St. 1977, c. 933, or M.G.L. c. 45 §§ 1 and 3. In the event that the property ceases to be used, either in whole or in part, for such purposes, all interest in the property shall revert to the Commonwealth, unless the Secretary demands specific performance of the grant contract.

(a) Owners of property so acquired or improved shall notify the Secretary in writing of any change in use or potential change in use of the property that is inconsistent with said conservation, park, or active or passive outdoor recreation purposes. The owner shall have 90 days from the date written notice was received by the Secretary to present evidence acceptable to the Secretary that the basis for reversion has been cured, in which case the property shall not revert. Upon receipt of written notice, the Secretary may review the circumstances of the property and determine that reversion of the property is not appropriate or essential to the protection of public conservation or park land, and find that the provisions of 301 CMR 5.09(1) shall apply.

(b) If the Secretary finds that a property acquired or improved with Program funds has ceased to be used for such conservation, park, or active or passive outdoor recreation purposes, the Secretary shall notify the owner of the property in writing of this basis. The owner shall have 90 days from the date written notice was mailed to the owner to present satisfactory evidence acceptable to the Secretary that the basis for reversion has been cured, in which case the property shall not revert.

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