The Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Maura T. Healey
GOVERNOR
Kimberley Driscoll
LIEUTENANT GOVERNOR
Tel: (617) 626-1000
Rebecca L. Tepper Fax: (617) 626-1081
SECRETARY http://www.mass.gov/eea
December 13, 2024
2024 REPORT: STATUS OF FUNDS AUTHORIZED IN LIEU OF REPLACEMENT LAND
PURSUANT TO AN ACT PRESERVING OPEN SPACE IN THE COMMONWEALTH
Section (b)(3) of An Act Preserving Open Space in the Commonwealth (M.G.L. c. 3 § 5A(b)(3)) states
that “[t]he Secretary of Energy and Environmental Affairs shall annually issue a report of all of the
instances in which funding was provided in lieu of replacement land in exchange for a change in the use
of or disposition of an interest in land taken, acquired or designated for purposes pursuant to Article
XCVII of the Amendments to the Constitution of the Commonwealth including”:
(1) The amount of funds provided;
(2) The account into which funds were deposited;
(3) Whether or not the funds were expended to acquire replacement land; and
(4) If replacement land was acquired, a description of said land.
This report fulfills the annual reporting requirement of M.G.L. c. 3, § 5A(b)(3).
The information in this report was provided to EEA by the responsible public entity and is included in
Appendix A. The report includes the required information on all legislative authorizations for a public
entity to provide funding in lieu of replacement land since enactment of M.G.L. c. 3, § 5A, and for which
expenditure of the funds has not previously been reported. These legislative authorizations are listed
below:
(1) Chapter 152 of the Acts of 2024: An Act Authorizing the Town of Canton to Grant Temporary
and Permanent Easements Over Certain Conservation Land Situated in the Town of Stoughton
for Highway Purpose
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 APPENDIX A:
REPORTS ON STATUS OF FUNDING IN LIEU
INSTANCES PROVIDED BY RESPONSIBLE
PUBLIC ENTITIES
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 Report of Funding in Lieu of Replacement Land Pursuant to
An Act Preserving Open Space in the Commonwealth
An Act Preserving Open Space in the Commonwealth (c. 274 of the Acts of 2022, codified at
M.G.L. c. 3, § 5A) provides that a public entity may provide funding in lieu of replacement land
for the change in use or disposition of land subject to Article 97. Public entities authorized to use
in lieu funding must hold the funds in an account dedicated solely for acquiring land for Article
97 purposes, which may include a CPA open space account, another already-established account
for land preservation purposes, or a segregated account. The public entity must use the funds
within 3 years to acquire replacement land in a comparable location, of equal or greater acreage
and monetary value as the impacted Article 97 interest and of equal or greater natural resource
value as determined by the Secretary.
The Secretary must annually issue a report to the legislature of all instances in which funding
was provided in lieu of replacement land, including the amount of funds provided, the account
into which the funds were deposited, whether the funds were expended to acquire replacement
land and, if so, a description of the land that was acquired. Public entities will use this form to
provide the required information to the Secretary.
COMPLETE FORM FOR EACH ACT AUTHORIZING THE USE OF IN LIEU FUNDS
Public Entity Holding Funds: Town of Canton
Article 97 File Number: A97_006_050
Session Law: C. 152 of the Acts of 2024
Has authorized conveyance of Article 97 Interest occurred? Yes ☐ No☒
Have Funds Been Deposited? Yes ☐ No ☒
Amount of Funds Deposited: TBD
Name of Account Where Funds Have Been Deposited: TBD
Have Funds Been Used to Acquire Replacement Land? Yes ☐ No☒
Deed or Order of Taking for Replacement Land (attach): N/A
Additional Information:
MassDOT has completed an appraisal, which determined the appraised value of the impact to be
$249,260. The funds have not yet been deposited.
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