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Massachusetts Question 5, Environmental Constitutional Rights Amendment (1972)
| Massachusetts Question 5 | |
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| Election date |
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| Topic Eminent domain policy and Parks, land, and natural area conservation |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Massachusetts Question 5 was on the ballot as a legislatively referred constitutional amendment in Massachusetts on November 7, 1972. It was approved.
A “yes” vote supported providing for a state constitutional right to clean air and water, freedom from excessive noise, and the protection of environmental and natural resource qualities, and authorizing the Legislature to pass related laws and use eminent domain for these purposes, with a two-thirds vote required to repurpose or dispose of taken property. |
A “no” vote opposed providing for a state constitutional right to clean air and water, freedom from excessive noise, and the protection of environmental and natural resource qualities, and authorizing the Legislature to pass related laws and use eminent domain for these purposes. |
Election results
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Massachusetts Question 5 |
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| Result | Votes | Percentage | ||
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1,634,674 | 81.96% | ||
| No | 359,864 | 18.04% | ||
Text of measure
Ballot title
The ballot title for Question 5 was as follows:
| “ | Do you approve of the adoption of an amendment to the constitution summarized below, which was approved by the General Court in a joint session of the two branches held August 5, 1969, received 239 votes in the affirmative and 0 in the negative, and in a joint session of the two branches held May 12, 1971, received 266 votes in the affirmative and 0 in the negative? | ” |
Ballot summary
The ballot summary for this measure was:
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The proposed amendment would annul Article 49 of the Articles of Amendment to the Constitution and substitute a new amendment which declares that the people have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and esthetic qualities of their environment. It further declares that the protection of the right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is a public purpose. The Legislature is authorized to adopt necessary legislation and to provide for eminent domain takings where required for the purpose of the amendment. Any property so taken may only be used for other purposes or disposed of upon a two-thirds vote of the Legislature. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the Massachusetts Constitution
A simple majority vote is required during two successive joint legislative sessions for the Massachusetts State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the joint session of the state legislature, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
External links
Footnotes
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State of Massachusetts Boston (capital) |
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