Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S463

Introduced
2/16/23  
Refer
2/16/23  

Caption

Preserving public trust rights in land affected by ocean erosion

Impact

The implications of Bill S463 on state laws are significant, as it seeks to reinforce public ownership rights over lands that may be affected by environmental changes. This ensures that as barrier beaches migrate due to oceanic forces, these newly exposed lands are not privatized but instead maintained as public resources. It aligns with contemporary discussions on environmental sustainability and responsible land stewardship, particularly in the face of escalating climate change consequences. By safeguarding public access to these areas, the bill aims to uphold environmental rights for all citizens.

Summary

Bill S463, titled 'An Act preserving public trust rights in land affected by ocean erosion', is filed by Senator Julian Cyr as part of the efforts to protect public interests in lands that are shifting due to natural processes such as sea level rise and storms. Specifically, the bill proposes an amendment to Section 35 of Chapter 91 of the General Laws, which ensures that areas of barrier beaches that have moved into previously submerged lands of Great Ponds remain in public ownership. This reflects a growing recognition of the need to adapt state laws to address the impacts of climate change on coastal ecosystems and public spaces.

Contention

Notably, while the bill seeks to protect public trust rights, it also includes provisions meant to reassure private landowners that their property rights will not be compromised. It explicitly states that applying the new public ownership rules will not convert private property to public ownership, addressing possible concerns from landowners about the implications of governmental overreach. The balance between environmental protection rights and private property rights may lead to further discussions and negotiations among stakeholders as the bill progresses.

Future_discussion

As the legislative process unfolds, key stakeholders including environmental advocacy groups, local governments, and property owners are likely to weigh in on the potential benefits and drawbacks of the bill. The conversation might explore how best to implement the provisions of S463 without infringing on private rights while effectively addressing the urgent concerns posed by ocean erosion. The progress of this bill may have lasting impacts on how coastal areas are managed in the Commonwealth, ultimately influencing land use policies across the state.

Companion Bills

MA H807

Similar To Preserving public trust rights in land affected by ocean erosion

MA H4913

Similar To Preserving public trust rights in land affected by ocean erosion

MA H4965

Similar To Authorizing the Massachusetts Department of Transportation to convey a certain parcel of land in the town of Stoneham

Previously Filed As

MA S565

Preserving public trust rights in land affected by ocean erosion

MA H807

Preserving public trust rights in land affected by ocean erosion

MA H946

Preserving public trust rights in land affected by ocean erosion

MA H4913

Preserving public trust rights in land affected by ocean erosion

MA S756

Preserving special needs trusts for disabled seniors

MA S2946

Authorizing the town of Nantucket conservation commission to convey a certain parcel of land situated in the town for purposes of conveyance to the town of Nantucket under the care, custody, management and control of the select board and the town of Nantucket to convey certain land in the town of Nantucket held for open space, passive recreation or conservation purposes to the Nantucket islands land bank for the purposes pursuant to its legislation and/or to the Sconset Trust, Inc. For open space, conservation and passive recreation purposes

MA S1206

To reinvest justice and opportunity in communities affected by incarceration

MA H3909

Authorizing the Provincetown year-round market rate rental housing trust to acquire year-round housing occupancy restrictions

MA S1514

Preserving second amendment rights for medical marijuana patients

MA S1685

Preserving second amendment rights for medical marijuana patients

Similar Bills

No similar bills found.