[MassHistPres] MGL 184 Restrictions (easements) held by town

[Dennis De Witt]

Judy et al

It is my understanding that in a town the selectmen must approve any 184 easement regardless of who holds it.  In addition, Brookline's town counsel has recently opined that because an easement is an interest in "real property", town meeting must vote to accept any easement held by a town body such as an historical commission or conservation commission.  I'm wondering if that is consistent (or not) with practice elsewhere.

I can think of several cases where the Grantor's specialist counsel has not raised that issue.  If it is required would a failure to have had such a vote result in the easement being not perfected and thus subject to challenge?

Dennis De Witt
Brookline


On Feb 24, 2012, at 10:59 AM, Judy Markland wrote:

> Harry, 
> If Georgetown is a member of the Community Preservation Coalition (your CPC members will know), they will be more than happy to talk you through many of the issues involved with this and send sample documents.  If Georgetown isn't a member, I can highly recommend joining.  The fees are minimal and more than offset by the reduction in necessary calls to town counsel.  Mass Historical Commission can answer many of the specific questions about who can hold the restrictions but the Coalition can also help with some of the CPA-specific issues, like whether a private property receiving CPA preservation funds needs to be open to the public occasionally so that there's a clear "public good" received for the expenditure.
> Judy Markland 
> 
> At 05:53 AM 2/24/2012, Harry LaCortiglia wrote:
>> A query to the listserve members,
>> 
>> Can anyone provide me with some information regarding Historical Restrictions under MGL CH. 184? 
>> 
>> When Historic Structures are preserved using CPA funding under Ch. 44b the law would seem to require a deed restriction to run with the land. 
>> While I'm somewhat familiar with Conservation Restrictions under this chapter, ( having done a few of those ) I'm somewhat at a loss to know what organizations/entities would be qualified to "hold' an Historic Restriction . Would the local Historical Society (a private organization) be able to do so? What's the typical endowment to such holders these days?
>> 
>> Any info that anyone could provide to me would be helpful, as I seem to have a great deal to learn about these types of Restrictions.
>> 
>> Best,
>> H. LaCortiglia
>> Chair, Georgetown CPC
>> http://georgetowncpc.com
>> 
>> 
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