When SVT holds a CR, we are legally obligated to enforce its terms. Minor or inadvertent violations can generally be resolved on the spot or through e-mail, such as when a brush pile is located in a wetland. But more egregious violations can lead to legal action if we can’t reach a resolution with the landowner.
In 2024, with incredible pro bono support from the legal team at Beveridge & Diamond, SVT won a judgement against the landowners at the Baiting Brook Meadow CR in Framingham. The landowners had filled an area that was designated as a no-build zone, buried some wetlands, and constructed a large equestrian riding ring. The Massachusetts Land Court agreed that the actions violated the terms of the CR and had impermissibly destroyed some protected natural resources. The landowners were required to remove the structure and to restore the damaged wetlands and surrounding area.
This was a big win for land trusts in Massachusetts, as it affirmed the important role that CRs play in conservation. Laura Mattei, SVT’s Director of Conservation, commented, “This is an incredible victory for conservation. The case sets a strong precedent that the state and our court system honor the conservation values of CRs.”
For more information about conservation restrictions, see CRs Protect Land Forever.