Massachusetts General Laws

Mass. Gen. Laws ch. 44B, § 12 (2026)

Real property interest; permanent restriction; management

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 12. (a) A real property interest that is acquired with monies from the Community Preservation Fund shall be bound by a permanent restriction, recorded as a separate instrument, that meets the requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the purpose for which it was acquired. The permanent restriction shall run with the land and shall be enforceable by the city or town or the commonwealth. The permanent restriction may also run to the benefit of a nonprofit organization, charitable corporation or foundation selected by the city or town with the right to enforce the restriction. The legislative body may appropriate monies from the Community Preservation Fund to pay a nonprofit organization created pursuant to chapter 180 to hold, monitor and enforce the deed restriction on the property.

(b) Real property interests acquired under this chapter shall be owned and managed by the city or town, but the legislative body may delegate management of such property to the conservation commission, the historical commission, the board of park commissioners or the housing authority, or, in the case of interests to acquire sites for future wellhead development by a water district, a water supply district or a fire district. The legislative body may also delegate management of such property to a nonprofit organization created under chapter 180 or chapter 203.

Notes of Decisions
Cited in 2 cases, 2014–2018 · leading case: New England Forestry Found., Inc. v. Bd. of Assessors, 9 N.E.3d 310 (Mass. 2014).
Sort: Relevance Newest Treatment
New England Forestry Found., Inc. v. Bd. of Assessors, 9 N.E.3d 310 (Mass. 2014). “, G. L. c. 44B, § 12 (a) (permitting municipalities to appropriate funds for purchase of open space “community preservation” lands so long as lands are encumbered by conservation restrictions held by another government entity or nonprofit organization); G.”
Caplan v. Town of Acton, 92 N.E.3d 691 (Mass. 2018). · cites it 2× “G. L. c. 44B, § 12 (a). See G. L. c. 184, § 31 (defining preservation restriction).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.