East Point, Nahant, Masssachusetts. Photo by Creative Commons
September 3, 2026 (Boston, MA) – The Massachusetts Supreme Judicial Court has issued a major victory for land conservation, affirming the ability of communities to protect critical open space for people and nature.
In Town of Nahant v. Northeastern University, the court upheld the town’s use of its eminent domain authority to protect an area of waterfront land as open space and for public recreation. The court distinguished its earlier ruling in Pheasant Ridge Assocs. Ltd. Partnership v. Burlington, where it found the town’s last-minute claims of an interest in land preservation were pretext for its actual desire to prevent a mixed-income housing development. In this case, the court found ample evidence of Nahant’s genuine, long-running interest in preserving the land, recognizing the importance of local efforts to safeguard natural resources for the public.
“This ruling is an important victory for conservation and a powerful recognition of the value of access to nature in our communities,” said Kate Sinding Daly, senior vice president for law and policy at Conservation Law Foundation (CLF). “Towns and cities must have the authority to protect and steward the natural lands within their borders so that these special places, and the benefits they provide, remain available to everyone for generations to come.”
Protecting natural spaces is essential not only for local access to nature and recreation, but also because they provide critical wildlife habitat, help communities prepare for the impacts of climate change, and strengthen coastal resilience.
CLF submitted a brief in the case in support of Nahant’s authority to use its powers to protect the land and preserve it for open space and public recreation.
CLF experts are available for further comment.
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