reglab/housing_qa huggingface dataset:
MA Gen L ch 253 § 35 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 35 - Change of Grade of Ways; Power of Commissioner to Order

Section 35. The commissioner may, after a hearing, order such alteration, repairs or change of grade of such ways as will in his judgment enable the petitioner to raise, erect and maintain such dam without overflowing or otherwise injuring such ways, and they may give written direction and authority to the petitioner to make at his own expense such alterations, changes of grade and repairs within a reasonable time. He shall record all such orders and shall cause certified copies thereof to be filed and recorded in the office of the clerk of each town in which such alterations, changes of grade or repairs are ordered.
MA Gen L ch 253 § 36 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 36 - Damages; Duty of Commissioner to Assess

Section 36. The commissioner shall assess and order the petitioner to pay all damages sustained by any person or town by reason of the alterations, changes of grade or repairs ordered by him, and any person or town aggrieved by such assessment may, on application within one year from the entry of such order, have the damages assessed by a jury in the manner provided in chapter seventy-nine.
MA Gen L ch 253 § 37 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 37 - Costs

Section 37. The costs of proceedings under the preceding four sections shall be paid by the petitioners, who may be required by the commissioner to give bond with sufficient sureties for the payment thereof.
MA Gen L ch 253 § 38 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 38 - Order of Commissioner; Compliance; Exoneration From Criminal Liability

Section 38. The order of the commissioner, duly issued under section thirty-five, shall authorize the petitioner to do all acts necessary to be done in compliance therewith; and if it is shown that the petitioner has substantially complied with such order, no indictment shall be maintained for the flowage of, or injury to, the ways mentioned in such order, which may be caused by the dam.
MA Gen L ch 253 § 39 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 39 - Dam to Flow Cranberry Land; Erection; License

Section 39. An owner or lessee of land appropriated or which he desires to appropriate to the cultivation and growth of cranberries may erect and maintain a dam upon and across a stream to flow and irrigate said land, subject to this chapter so far as applicable; but he shall not erect and maintain a dam across a navigable stream or across the outlet of a great pond, without a license therefor from the department of environmental management.
MA Gen L ch 253 § 40 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 40 - Expense; Apportionment; Appeal

Section 40. If a dam has been so erected or maintained or if a person has at his own expense made, kept open or repaired any ditches or drains for the improvement or cultivation of such tract of land, any owner or lessee of a like tract, who uses such dam, ditches or drains or who by more remote means receives benefit thereby for the flowing, irrigating or draining of such last mentioned tract, shall pay to the person who has erected or maintained such dam or incurred such expense his proportionate part thereof, which shall be determined by the aldermen of the city or the selectmen of the town and certified to such owner or lessee. Any person aggrieved by such determination may within three months after notice thereof appeal therefrom to the superior court for the county where the dam, ditches or drains are situated, and shall be entitled to a jury trial; but before taking his appeal he shall give one month's notice, in writing, to the aldermen or selectmen of his intention so to appeal, and shall therein specify particularly his objections to the determination, to which specification he shall be confined upon the hearing by jury. If such owner or lessee fails to pay to the person entitled such proportionate part as finally determined, within said three months if there is no appeal, otherwise within seven days after final determination, he shall pay double the amount so determined with all expenses arising from such failure; and such person may recover the same in contract in his own name. But no covenants or agreements by or between the owners or lessees of such land shall be affected by this section.
MA Gen L ch 253 § 41 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 41 - Ice Ponds; Erection of Dams; Consent of Owners; Damages

Section 41. An owner or lessee of land used for an ice pond may erect and, between November first and March first, maintain a dam across a stream not navigable, for the purpose of making an ice pond by flowing adjoining land, subject to this chapter so far as applicable, if he annually pays to the owner of land which may be overflowed or injured thereby the amount of the tax which may from time to time be assessed on such land; but such dam shall not be erected without the consent of all of the owners of the land which would be flowed by it, unless the person proposing to erect it shall furnish to such owners as do not consent to the erection security, satisfactory to them or approved by a justice of a court of record or by a master in chancery, for the payment of any damages which may be caused by flowing the land of such owners.
MA Gen L ch 253 § 42 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 42 - Land Flowed; Compensation

Section 42. A domestic reservoir corporation may flow the land of other persons by its reservoir dam, and a person whose land or property has been flowed or injured by such dam, unless compensation has been otherwise made, may obtain compensation therefor as provided in this chapter.
MA Gen L ch 253 § 43 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 43 - Security

Section 43. The court in which an action for such compensation is pending shall, if requested by the plaintiff, require such corporation to give satisfactory security for the payment of all damages and costs which may be awarded thereon, and if the court finds that the security has become insufficient, it shall require the corporation to give further security. If the corporation neglects for one month or for such further time as the court allows to comply with any such order, it shall lose all rights under this chapter, and the court may restrain it from flowing or injuring such land or property until such security has been given.
MA Gen L ch 253 § 45 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 45 - Dam Registration Form; Failure to File; Penalties; Notice on Transfer of Legal Title or Change

Section 45. The owner of any dam shall file with the commissioner on or before July 1, 2003, and before operating any dam constructed thereafter, on such form or forms prescribed by the commissioner, a dam registration form containing the name of the owner, the location and the dimensions of the dam and such other information as the commissioner may require by regulation. A registration form shall not be deemed received by the commissioner until all information specifically required by statute or regulation is submitted. Failure to file a dam registration form by the time prescribed shall subject the owner to fines prescribed by regulation, and an inspection by the commissioner who may enter the property of the owner to obtain the requisite information. The registered owner of any dam shall notify the commissioner, by registered or certified mail, return receipt requested, of the transfer of legal title of the dam and any of changes for which the department may require notice by regulation, not later than 10 days after the date of such transfer or change. Upon receipt and approval of the dam registration form, the department shall issue a certificate of registration to each dam owner.
MA Gen L ch 253 § 45a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 45a - Construction or Alteration of Dams; Permit Approval

Section 45A. No person shall construct or materially alter a dam without applying for and receiving permit approval from the department. The approved permit shall be recorded at the registry of deeds in the county where the dam lies prior to commencement of construction. The application for a permit shall be made on such form or forms as prescribed by the commissioner. The application shall be accompanied by plans, specifications and related documents certified by a registered professional civil engineer. The commissioner shall approve or deny an application within 60 days after receipt. Construction of the dam shall be performed under the supervision of a registered professional civil engineer retained by the applicant and shall conform with the permit and its accompanying plans, specifications and related documents. The commissioner may require the engineer to submit periodic construction reports and drawings upon completion. If, after investigation of such periodic construction reports, the commissioner determines that construction does not conform to such plans and specifications, the commissioner may order the discontinuance of the project until such time as he is satisfied that the work shall be performed in accordance with such plans. The engineer shall certify, upon completion of the work, that the dam has been constructed in accordance with the permit.
MA Gen L ch 253 § 46a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 46a - Dam Approval; Certificate of Compliance

Section 46A. When a dam has been deemed safe, removed, repaired or constructed pursuant to an order of the commissioner; or a dam has been evaluated, constructed, repaired or altered to the satisfaction of the commissioner under a properly issued permit, the commissioner shall issue a certificate of compliance to the owner approving the dam or the safe removal of the dam but subject to such terms and conditions, if any, as the commissioner deems necessary for the protection of life and property or such terms and conditions, if any, as the commissioner, in consultation with the commissioner of fish and game, deems necessary for the protection of the environment. Such certificate shall be recorded by the owner in the registry of deeds in the county where the dam lies.
MA Gen L ch 253 § 47 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 47 - Unsafe or Inadequate Dams; Action by Commissioner; Enforcement; Regulations

Section 47. (a) If the owner fails to take corrective action or fails to file an evaluation report, within the time specified in the order, as required in section 46, or if the owner of the dam cannot be determined, the commissioner may take such action as he deems necessary to repair or mitigate the unsafe condition and put the dam in an acceptable structural and operational condition or remove the dam in accordance with the existing rules and regulations of the department. Any emergency action taken by the owner of a dam pursuant to the commissioner's order or any emergency action taken by the commissioner may be taken without any prior filing with the conservation commission under section 40 of chapter 131. If water has been drawn off or the structure has been altered pursuant to an order by the commissioner, the impoundment shall not be refilled without approval of the commissioner. The commissioner may enter private property to take action to enforce sections 44 to 47, inclusive. The commissioner may enter into contracts to take actions, draw off water or make temporary repairs without complying with the competitive bidding requirements in chapter 149, if such action is necessary to abate a threat to safety or property.  (b) Any person performing substantial repairs without complying with sections 44 to 48A, inclusive, or who fails to comply with the provisions of this chapter or of any order, regulation or requirement of the department relative to dam safety, shall be fined an amount not to exceed $5,000 for each offense, to be fixed by the court. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.  (c) The attorney general, upon notice by the commissioner, shall institute an action to recover such fine and to enjoin the alteration, construction and use of such structure.
MA Gen L ch 253 § 48 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 48 - Costs; Lien; Enforcement

Section 48. The commissioner shall make such orders as he may deem just as to the payment by the owner to the commonwealth or other party of the costs and expenses incurred by them under the preceding 4 sections, with interest, from the time they were paid by the commonwealth. Notice shall be given to the state treasurer and the owner or other party for the amount due to the commonwealth. Any action taken by the commissioner pursuant to section 47 shall create a lien upon the lot of land on which the dam is situated and upon the buildings and structures on said lot to secure payment for all costs incurred by the commissioner in correcting the unsafe condition, plus interest. The attorney general, upon notice by the commissioner, shall institute an action to enforce such lien.
MA Gen L ch 253 § 48a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 48a - Dam Inspection and Regulation Program; Effectiveness Report

Section 48A. During each fiscal year, the department of environmental management shall prepare a report on the overall effectiveness of the dam inspection and regulation program under sections 44 to 48, inclusive, including, but not limited to, the number of inspections conducted per year, a listing of identified deficient dams in the commonwealth and steps taken to remedy deficiencies. The department shall submit the report to the joint committee on natural resources and agriculture and to the senate and house committees on ways and means, and shall make it available to all interested parties.
MA Gen L ch 253 § 48b (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 48b - Liability of Owner

Section 48B. The owner of a dam shall be responsible for liability for damage to property of others or injury to persons, including but not limited to loss of life, resulting from the operation, failure of or misoperation of a dam. The provisions of sections 44 to 48, inclusive, shall not relieve from or lessen the responsibility of any person owning, or operating a dam from any damages to persons or property caused by dam defects, nor shall the commissioner be held liable by reason of the inspections required or permits issued.
MA Gen L ch 253 § 49 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 49 - Acts of Commissioner; Effect on Liability of Owners

Section 49. No order, approval, request or advice of the commissioner shall impair the legal duties and obligations of the owners of reservoirs, reservoir dams or mill dams or their liability for the consequences of their illegal acts or of the neglect or mismanagement of their servants or agents.
MA Gen L ch 253 § 50 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 50 - Jurisdiction

Section 50. The supreme judicial and the superior courts shall have jurisdiction to enforce the six preceding sections.
MA Gen L ch 253 § 50a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 50a - Roll Dams; Warning Signs; Failure to Comply

Section 50A. The department of environmental management shall, subject to the appropriation of funds for such purpose, erect signs in the vicinity of all roll dams owned or under the control of the commonwealth or any of its political subdivisions to warn boaters of the location of said dams. For the purposes of this section a roll dam shall mean any broad crested weir, sharp crested weir or design head weir, the purpose of which is to change the flow of rivers from a critical to a noncritical flow.  Failure to comply with the provisions of this section shall not be used as evidence in any action commenced under the provisions of chapter two hundred and fifty-eight.
MA Gen L ch 253 § 51 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 51 - Power of Majority

Section 51. If a mill which is owned by joint tenants or tenants in common, or the dam or appurtenances of such mill, require repairs or rebuilding in whole or in part, and all the proprietors do not agree to join therein, a majority in interest of the proprietors may cause the work to be done at the expense of the whole in proportion to their respective interests.
MA Gen L ch 253 § 52 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 52 - Meeting of Proprietors

Section 52. One or more of the proprietors may call a meeting by a notice signed by the person or persons who call it, addressed to each of the other proprietors, stating that the mill, dam or appurtenances require repairs or rebuilding and that their attendance is requested at a meeting of the proprietors thereof at the mill at a time named to consult and agree upon the measures to be taken for such purpose.
MA Gen L ch 253 § 53 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 53 - Notice

Section 53. The notice shall be served by an officer qualified to serve civil process by delivering an attested copy thereof to each proprietor, or by leaving such copy at his last and usual place of abode, not less than seven nor more than thirty days before the day appointed for the meeting, and such officer's return, specifying the persons on whom he has served the notice and the time and manner of the service on each, shall be sufficient evidence thereof.
MA Gen L ch 253 § 54 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 54 - Repairs and Rebuilding; Mills and Dams

Section 54. At such meeting, or at any adjournment thereof, the majority in interest of the proprietors of the mill may take measures to cause the mill or the dam or appurtenances thereof to be repaired or rebuilt, as they shall consider most for the interest of all concerned therein.
MA Gen L ch 253 § 55 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 55 - Expense of Work; Apportionment

Section 55. Each proprietor shall, upon demand, after the work is completed, pay to the proprietors by whom it has been advanced his just and equal part of the expense of such repair or rebuilding, in proportion to his share or interest in the mill, with interest from the time of the advance.
MA Gen L ch 253 § 56 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 56 - Lien for Advancements

Section 56. The proprietors who advance the money so expended shall have a lien therefor on the rents and profits of the mill and may retain so much thereof as belongs to any proprietor indebted to them for such advance, to be applied to the payment of his debt; or they may maintain an action for the debt or for as much thereof as has not been received from the rents and profits.
MA Gen L ch 253 § 57 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 57 - Guardian; Powers

Section 57. The guardian of a proprietor may act for him in calling or attending a meeting of the proprietors, and may there vote and do all such other acts as the ward could do if competent to act.
MA Gen L ch 253 § 58 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title IV - Certain Writs and Proceedings in Special Cases|Chapter 253 - Mills, Dams and Reservoirs|Section 58 - Tenants and Remainderman; Apportionment of Expenses

Section 58. If part of the mill is held by a tenant for life or years, the amount due for the repairs and other expenses on that part of the mill shall be apportioned on the tenant for life or years and on the remainderman or reversioner in proportion to the value of their respective interest; and the person to whom the money is due from such remainderman or reversioner shall have a lien on the rents and profits belonging to him after his estate comes into possession, if not sooner paid, notwithstanding any limitation by lapse of time.