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Newly Protected Land

Duxbury Protects Historic Farmland via Eminent Domain

10 acres did not include the historic farmhouse, so Duxbury
residents voiced their desire to protect the entire property.
To do so, the Town had to reach deep into its land protection
toolbox and invoke eminent domain, an authority granted to
governments by the Fifth Amendment of the U.S. Constitution to
take private property “for public use” with “just compensation.”

Non-friendly applications of eminent domain are rare to natural
and historical preservation, as they expose local governments
Farmhouse, barn, and fields of the Simmons property in Duxbury.
to risks of lawsuit and public dissent. According to retired
conservation agent Joe Grady, Duxbury’s unique conservation
In Duxbury, an antique farmhouse and ancient field hearken back ethic made this project possible. “Over 20 years, we worked
to our region’s cultural and natural past. Thanks to a decades-long to weave conservation into the fabric of municipal decision-
effort culminating in an almost unprecedented land protection making,” he said. “Now, open space is not a frill to Duxbury
maneuver, this oasis in time and space will remain rooted in the residents; it is an expectation.”
Duxbury landscape for generations to come.
In 2020, Duxbury voters overwhelmingly approved the Town’s
For some 20 years, Town of Duxbury preservation leaders purchase of the property by eminent domain for $2.2 million, the
eyed the Simmons farm property for permanent protection. same price offered by the developer. The funds came from the
Featuring the 1696 home of Isaac Simmons on 17 acres of Community Preservation Act, which Duxbury adopted in 2001.
grassland and woodland habitat, the property was a priority for
both historical and environmental advocates. Their efforts were Last March, the Town sold the 3-acre farmhouse lot to private
fruitless, however, until 2019, when a new owner moved to sell buyers, who plan to convert it to an agricultural education facility.
the property to a residential developer. Duxbury residents and A Historic Preservation Restriction prevents the farmhouse’s
officials leapt at the opportunity to intervene. demolition or other major changes. Wildlands Trust will hold a
Conservation Restriction on the property’s 11-acre open space
“The Simmons property is an iconic part of Duxbury,” said Pat component to permanently protect its state-designated prime
Loring, a Wildlands board member and Duxbury open space farmland soils, public drinking water benefits, and connectivity
leader. “The antique farmhouse and agricultural land are a with a vast corridor of municipal conservation lands. An affordable
stunning depiction of old New England. It just speaks to you.” housing project is proposed for an additional lot.
Initially, the Town sought only to acquire the 10 acres of the “It was a miracle that we achieved this outcome,” Joe Grady
property enrolled in Chapter 61A, a state program through which concluded. “An amazing mix of interests—environmental,
farmland owners receive tax credit in exchange for the town’s agricultural, historical, affordable housing—came together to
right to match non-agricultural offers for the land. But those make this project possible, along with the passionate public.”

Barnes/Hartwell Donation

7.9 Acres | Pembroke (land donation)
• Landscape Connectivity – abuts 268 acres of Town of Pembroke open space
• Wildlife Habitat – lies within Core and Priority Habitats identified by the
Massachusetts Natural Heritage and Endangered Species Program (NHESP)

Blackwater Memorial Forest CPA CR
44 Acres | Kingston (Community Preservation Act Conservation Restriction)
• Landscape Connectivity – near Wildlands’ Ruffini Preserve and expansive
Town of Kingston open space
• Wildlife Habitat – identified by NHESP as a Habitat Restoration area;
property’s altered wetlands will be restored to natural wetland ecosystems
• Drinking Water Protection – lies within a Zone II Wellhead Protection Area
• Public Access – hiking trails offer outdoor access and recreation
Blackwater Memorial Forest CPA CR, Kingston
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