reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 3 - Purchase and Maintenance of Road Machinery; Storage Quarters

Section 3. Steam road rollers and other road machinery, purchased by the department and owned by the commonwealth shall be managed and maintained under the direction of the department, which may engage competent engineers and mechanics to operate and keep said machines in repair, may purchase all needed materials and supplies, and may incur such other expenses as may be necessary to operate, maintain and transport said machines. Upon the application of the selectmen or road commissioners of a town of not more than twelve thousand inhabitants, the department may furnish such road machinery for use by the town in building or repairing ways therein. The expenses incurred under this section shall be paid by the towns using said machines, as apportioned and directed by the department. For the purpose of providing suitable quarters for the storage of supplies, the storage and repair of road rollers and other road machinery and tools and other equipment owned by the commonwealth and for the construction, operation and maintenance of inter-departmental communications systems, the department may, subject to the approval of the governor and council, take by eminent domain or acquire by purchase or gift land and buildings and construct or alter buildings or other structures on any land so acquired. Any person whose property has been taken or injured by any action of the department under authority of this section may recover compensation therefor from the commonwealth under chapter seventy-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 4 - Petition

Section 4. If county commissioners, aldermen or selectmen adjudge that public necessity and convenience require that the commonwealth lay out and take charge of a new or existing way as a highway in whole or in part, in their county, city or town, they may apply, by a written petition, to the department, requesting that said way be laid out and taken charge of by the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 5 - Filing of Highway Plan; Right to Abandon or Discontinue; Width of Highway

Section 5. If the department determines, after public notice and a hearing of all parties interested, that public necessity and convenience require that a way should be laid out or be taken charge of by the commonwealth, it shall file in the office of the county commissioners for the county where the way is situated a certified copy of a plan thereof and a certified copy of a certificate that it has laid out and taken charge of said way in accordance with said plan, and shall file in the office of the clerk of each town where the way is situated a copy of the plan showing the location of the portion lying therein and a copy of the certificate that it has laid out and taken charge of said highway in accordance with said plan, and thereafter said way shall be a state highway, and shall be constructed by the department at the expense of the commonwealth; but any state highway so laid out and constructed may be abandoned or discontinued as provided in section twelve. The width of a state highway shall be such as the department deems necessary. If the width of a state highway be less than that of the way previously existing, that portion of the way which lies between the boundary or location lines of the state highway and the boundary lines of the way previously existing shall remain a public way unless the department determines that it should be abandoned, or the county commissioners of the county, or the city or town in which the way is situated, having jurisdiction of the way, abandon at any time said portion in the manner provided by law for the alteration, relocation or discontinuance of public ways.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 6 - Alteration of Location

Section 6. The department may alter the location of a state highway in a city or town by filing a plan thereof and a certificate that the department has laid out and taken charge of said state highway, as altered in accordance with said plan, in the office of the county commissioners for the county where said highway is situated, and by filing a copy of the plan or location as altered in the office of the clerk of such city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7 - Acquisition of Land Outside Limits of Existing Highway

Section 7. If it is necessary to acquire land for the purposes of a state highway outside the limits of an existing public way, the department may take the same by eminent domain on behalf of the commonwealth under chapter seventy-nine. When injury has been caused to the real estate of any person by the laying out or alteration of a state highway, he may recover compensation therefor from the commonwealth under chapter seventy-nine. The mayor, if so authorized by the aldermen, or the selectmen, if so authorized by the town, may stipulate in writing in behalf of the city or town to indemnify and save harmless the commonwealth against all claims and demands for damages which may be sustained by any persons whose property has been taken for, or has been injured by the laying out or alteration of, any highway which the department proposes to lay out and construct or alter as a state highway, and thereupon such city or town shall be liable ultimately for the amount of any verdict against the commonwealth for such damages, and for costs, and the amount thereof may be recovered by the commonwealth in contract.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7a - Acquisition of Land to Alter or Relocate Ways Connecting With State Highways

Section 7A. In connection with the laying out, alteration or reconstruction of a state highway, the department may alter or relocate connecting ways as may be necessary. Land or rights in land may be acquired for this purpose by eminent domain under chapter seventy-nine by the department in behalf of the city or town in which the land lies, or in behalf of the commonwealth, at the option of the department. The department may take or acquire by eminent domain under said chapter, easements in land outside the location of limited access state highways, said easements to be taken in behalf of those owners of land abutting said highways, whose rights of access to and egress from their land, and any other rights necessary to make the same available for use, will become inoperative due to the construction of said highway. Control of the land or rights in the land acquired under this section shall not vest in the city or town until such time as the work for which the land or rights in land have been acquired has been completed by said department, except that the city or town shall be responsible for snow and ice control on such portions of the highway as may be opened to traffic prior to final completion or acceptance of the project. Any person whose property has been taken or injured by any action of said department under authority of this section may recover from the commonwealth under chapter seventy-nine such damages therefor as he may be entitled to.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7b - Acquisition of Slope Easement to Protect Existing Ways

Section 7B. Wherever in this chapter the department is authorized to take land by eminent domain under chapter seventy-nine, in connection with the laying out, widening or relocating of a public way, the department shall be authorized to take, or institute proceedings for the taking of, an easement in land adjoining the location of the public way consisting of the right to have the land of the location protected by having the surface of the adjoining land slope from the boundary of the location.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7e - Sale, Transfer, Lease or Rental of Excess Lands

Section 7E. The department may sell at public or private sale any land, or rights in land, the title to which has been acquired by the department for highway purposes, upon determination by the board of commissioners of said department that such land or rights in land are no longer necessary for state highway purposes. In the event of such public or private sale the department shall execute a deed thereof, with or without covenants of title and warranty, in the name and behalf of the commonwealth, to the purchaser, his heirs and assigns, and deposit said deed with the state treasurer, together with a certificate of the terms of the sale and the price paid or agreed to be paid at said sale. Upon receipt of said price, and upon the terms agreed to in said deed, the treasurer shall deliver the deed to said purchaser. The state treasurer may, by the attorney general, sue for and collect the price and otherwise enforce the terms of any such sale.
The department may, with the approval of the governor, transfer to another department, or to a city, town, or public authority or agency, any land the title to which has been acquired by it and which said board of commissioners determines is no longer necessary for state highway purposes.
The department may also, with the approval of the governor, lease or rent any land, or rights in land, the title to which has been acquired by it, and which land, or rights therein, said board of commissioners determines are not presently needed for state highway purposes.
The foregoing provisions of law with reference to the sale, leasing or renting of land acquired by the department, shall also apply to land, or rights in land, acquired by the department for maintenance sites; provided, however, that nothing contained in this section shall be construed as affecting in any way the powers, rights and duties set forth in section seven H.
In addition to the foregoing, the department may also transfer to another state department, land acquired from said state department for highway construction or reconstruction, which is no longer needed for said purposes. Said land shall be subject to such restrictions as may be imposed by the department for the use thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7f - Entry on Private Land for Purpose of Surveys, Soundings, Drillings and Examinations

Section 7F. Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of state highways or other projects under its jurisdiction, the department, its authorized agents or employees may, after due notice by registered or certified mail, enter upon any lands, waters and premises, not including buildings, in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this act, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The department shall make reimbursement for any injury or actual damage resulting to such lands, waters and premises caused by any act of its authorized agents or employees and shall so far as possible restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7g - Relocation of Public Utilities; Purchase of Lands and Easements

Section 7G. Whenever, in connection with the laying out, widening, relocating, constructing or altering of a public way by the department, land or an easement therein owned by a public utility company is taken by the department by eminent domain under chapter seventy-nine, thereby necessitating the relocation of the facilities of such company, the department may acquire by purchase or otherwise or take by eminent domain under chapter seventy-nine such land or easements therein as such company may designate for the relocation of such facilities, and convey the same to such company. Such conveyance shall be in lieu of any damages for the value of the land or easements therein of such company so taken by the department, not including, however, any damages for the cost of such relocation for which the commonwealth may be liable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7h - Lease of Lands for Public Parking Facility

Section 7H. Notwithstanding any other provision of law, the department may, with the approval of the governor and council, lease land adjacent to, over or under a state highway for use as a public parking facility; provided, however, (1) the term of any such lease shall not exceed five years (2) the provisions of section eight A of chapter twenty-nine relative to notice of and proposals for any contract in excess of five thousand dollars for work under the supervision or control of the department shall apply to such leases (3) the lessee has filed with the department a statement under oath containing the names and addresses of the officers and directors in the case of a corporation, or of the person or persons in the case of a partnership or other voluntary association, or of any other person or persons, having any financial or beneficial interest in said lease (4) the lessee shall within thirty days after any change in the stockholders or persons holding any such interest file a statement thereof under oath with the department and (5) no such lease shall be renewed or extended except in accordance with the provisions of this section applicable to a new lease.
Whoever wilfully violates any provision of this section shall be punished by a fine of not more than one thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7i - Agreements With Railroads, Transit Authorities or Other Public Authorities or Municipalities Regarding Relocation or Other Work; Advancement of Funds

Section 7I. The department is hereby authorized to enter into agreements with railroad corporations, transit authorities or other public authorities or municipalities for the purpose of performing any work which may be necessary in connection with the construction of highways, roads, bridges and other public works undertaken by said department whenever such construction or work entails relocation, alteration or other work on the tracks, bridges, roads, pipes, sewers, conduits, wires, or other property of such railroad corporation, transit authority or other public authority or municipality and which may disrupt the free flow of public transportation. Whenever any such agreement provides that a railroad corporation, transit authority or other public authority, and municipality perform such construction or work for which the commonwealth is obligated to assume a part of the cost, the agreement may provide for the monthly advancement by the department to such railroad corporation transit authority or other public authority or municipality of funds covering the estimated cost of such construction or work then in progress.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7j - Relocation Assistance; Acquisition of Real Property; Payments; Compliance With Federal Acts

Section 7J. In any federally aided program, the department of highways, in this section referred to as the department, is hereby authorized and directed to do all things necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91–646), as amended and supplemented, or with any other federal act relating to relocation assistance or acquisition, insofar as the federal government requires compliance with said Public Law 91–646 or said other federal acts in order to receive said federal aid. Under a federally aided program, in relation to any person whose real property is acquired, in whole or in part, by the department for a highway purpose, or any person lawfully occupying real property acquired by the department for highway purposes, or any person who vacated real property at the written request of the department because of a proposed acquisition for highway purposes, the department is hereby authorized and directed to make such payments, provide such assistance and do such other things as are necessary for the department to comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. If a highway project is not federally aided, then in relation to any person whose real property is acquired, in whole or in part, by the department for highway purposes, or any person lawfully occupying real property acquired by the department for highway purposes, or any person who vacates real property at the written request of the department because of a proposed acquisition for highway purposes, the department shall make the same payments, provide the same assistance and do the same things as the department would be required to pay to, provide or do for such persons under a federally aided program. This section shall not affect the obligations of the department under chapter seventy-nine A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7k - Relocation of Facilities of Public Utilities; Entry Upon Lands

Section 7K. Whenever land or an easement therein is taken by the department by eminent domain for the purpose of relocating certain facilities of a public utility company, as authorized by section seven G, the said public utility company, its authorized agents or employees, after due notice by registered mail to the persons in possession of land so taken, may enter upon any such lands, waters and premises, not including buildings, as said company may deem necessary or convenient for the purpose of relocating its facilities, and such entry shall not be deemed a trespass, nor an entry under any condemnation proceedings which may then be pending.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7l - Lease of Air Rights Over State Highways

Section 7L. Notwithstanding any other provision of law, the department may, with the approval of the governor, lease at one time or from time to time for a term or terms not to exceed ninety-nine years, upon such terms and conditions as the department in its discretion deems advisable, air rights over state highways, including rights for support, access, utilities, light and air, for such nonhighway purposes as, in the opinion of the department, will not impair the construction, full use, safety, maintenance or repair of state highways. Any lease granted under this section may, with the consent of the department, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The proceeds from any such lease shall be paid into the treasury of the commonwealth for credit to the Highway Fund.
The construction or occupancy of any building or other thing erected or affixed under any lease under this section shall be subject to the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.
Any building, or other thing erected or affixed under any such lease under this section shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided that no part of the value of the land shall be included in any such assessment. Any such leasehold estate may be sold or taken by the collector of taxes of the city or town in which the said leasehold estate is situated for the nonpayment of any taxes assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Said collector shall have for the collection of taxes assessed under this section all other remedies provided by the general laws for the collection of taxes by collectors of cities and towns.
The department shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by a court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which the building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed in such year.
Each lease made pursuant to this section shall require that the lessee file with the department a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and in the case of a partnership or other voluntary association, the name and address of all persons having a financial or beneficial interest in said lease. The lessee shall within thirty days after any change in the said officers or directors, or of persons holding any such interest file a corrected statement under oath with the department.
No billboards shall be erected under the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 7m - Acquisition of Land for Parks, Historic Sites, etc., to Replace Land Required for Federal Highways

Section 7M. Whenever a federal-aid highway program or project requires the use of any land which is part of a public park, recreation area or wildlife and waterfowl refuge of national, state or local significance as determined by the federal, state or local officials having jurisdiction thereof, or any land which is part of an historic site of national, state or local significance, as so determined by such officials, and there is no feasible and prudent alternative to the use of such land, the department, in order to minimize harm to such park, recreational area, wildlife and waterfowl refuge or historic site, may acquire by eminent domain under chapter seventy-nine, purchase or otherwise on behalf of the commonwealth or on behalf of any department, public body, agency or instrumentality of the commonwealth or on behalf of any political subdivision thereof, land to replace that which was required for use in the highway program. The department shall convey such replacement land or transfer the custody, care and control of such replacement land to the owner of the public park, recreational area, wildlife and waterfowl refuge or historic site required for highway use, including private owners or any department, public body, agency of the commonwealth or to any political subdivision thereof and such conveyance or transfer may be partially or entirely in lieu of damages for the land acquired from such owners; provided, however, that in the case of private owners such conveyance may be made only with the consent of such owner. The words ''historic site'' as used in this section shall include archeological sites as defined and regulated by sections twenty-six A to twenty-seven C of chapter nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 8 - Construction of State Highways; Advertising for Proposals

Section 8. The department, when about to construct a state highway, shall advertise in two or more newspapers published in each county in which the highway lies, and in three or more daily newspapers published in Boston, for sealed proposals for the construction of such highway, stating the time and place for opening such proposals, and reserving the right to reject any and all proposals. If a proposal is satisfactory, the department, with the approval of the governor and council, shall make a contract in writing on behalf of the commonwealth for such construction. After the proposals have been accepted or rejected they shall be kept by the department, and shall be open to public inspection for three years, and may then be destroyed by the department. The department may, in the same manner and under the same conditions, contract for the grading of a state highway or for furnishing labor, materials or any other element in its construction. The construction of all state highways shall be under the supervision and subject to the approval of the department and in accordance with plans and specifications furnished by it, and shall be fairly apportioned by the department among the different counties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 8c - Restriction Upon Hours During Which Nonemergency Work May Be Performed on Certain Highways

Section 8C. Any contract for the resurfacing, maintenance, minor reconstruction or minor repair of any major state highway or numbered route within the city of Boston, between said city and state highway route 128, of state highway route 3 as far south as the junction of state highway route 139, on which the average daily traffic exceeds 70,000 vehicles per day, and any contract for the maintenance, minor reconstruction or minor repair of state highway route 128 between its junction with state highway route 3 in the town of Braintree and its junction with United States route 1 in the town of Lynnfield, to be awarded by the division of highways, the department of conservation and recreation or by a municipality under section 34 of chapter 90 shall, unless such contract involves the performance of emergency work as described in this section, provide that no work shall be performed between the hours of 6:30 and 9:00 a.m. on lanes inbound to the city of Boston or between the hours of 4:00 and 6:00 p.m. on lanes outbound from the city of Boston, Monday through Friday, except holidays. No such work, except emergency work, shall be performed on such a highway or route by a public employee during such hours. As used in this section emergency work shall include only those projects immediately necessary to ensure the safety of persons using such highways or routes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 10 - Contributions by Cities and Towns

Section 10. The mayor, selectmen or road commissioners or the board or officer having charge of the maintenance and care of highways, if so authorized by the city council or by the town, may agree in writing, in behalf of such city or town, to contribute money, labor or materials toward the cost of any state highway which the department proposes to lay out and construct within such city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 11 - Acquisition of Land to Supply Road Materials

Section 11. The department shall have the same power as aldermen, selectmen or road commissioners in relation to the purchase or taking of land to furnish materials for the construction, repair or improvement of public ways in the manner provided in section thirty-eight of chapter eighty-two; provided, that all contracts for such purchase and all takings by the department shall first be approved by the governor and council. Such purchases or taking shall not operate in any way to interfere with the control of the police departments of the various municipalities within the land so taken. Land taken under this section shall be held and used for no other purpose than as specified herein; provided, that the department may allow county, city or town officers to use materials from such land for the above specified purposes upon such terms as may be agreed upon. For this purpose the department may expend not more than five thousand dollars in any year. Any person sustaining injury or damage by any taking of land or rights in land under this section may recover compensation therefor from the commonwealth under chapter seventy-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 12 - Discontinuance or Abandonment

Section 12. The department, with the concurrence of the county commissioners, may discontinue as a state highway any way or section of way laid out and constructed under the provisions of section five by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such way is situated a certified copy of a plan showing the way so discontinued and a certificate that it has discontinued such way; and thereafter the way or section of way so discontinued shall be a town way. Said department may also abandon any land or rights in land which may have been taken or acquired by it by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such land is situated a certified copy of a plan showing the land so abandoned and a certificate that it has abandoned such land, and by filing for record in the registry of deeds for the county or district in which the land lies a description and plan of the land so abandoned; and said abandonment shall revest the title to the land or rights abandoned in the persons in whom it was vested at the time of the taking, or their heirs and assigns.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 13 - Duties of Department; Definition of State Highway

Section 13. State highways shall be maintained and kept in good repair and condition by the department at the expense of the commonwealth. The department shall keep all state highways reasonably clear of brush and shall cause suitable shade trees to be planted thereon if practicable. As used in this chapter, the term ''state highways'' includes such public roads in state forests, parks and reservations outside of the metropolitan parks district, and such public roads within the limits of any property under the control of any department, board or commission of the commonwealth, as may from time to time be designated by the department as roads for general public use and approved for such use by the executive head of the department, board or commission controlling such property. The department shall, subject to appropriation, construct, improve and maintain all roads on such property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 13a - Highway Landscaping; Acceptance of Gifts of Easements

Section 13A. The department may accept in behalf of the commonwealth from owners of lands included in a strip one hundred feet deep bordering on a state highway voluntary gifts by deed or will of easements in such lands, giving the commonwealth the right to enter thereon at any time and in any manner for the purpose of landscaping such land by removing therefrom or rearranging thereon vegetable growths and surface minerals, by setting out and planting thereon vegetable growths, by depositing thereon minerals, by rearranging the contour of the land when deemed advisable, or by any or all of the foregoing methods. The department may improve lands in which such easements are granted, so as to carry out a comprehensive plan of highway beautification, artistic landscaping and scenic development, to the extent that appropriations are available therefor.
Such easements shall be accepted only on the condition that such lands shall remain fully subject to local taxation to the owners of the fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 13b - Restoration, Preservation and Enhancement of Scenic Beauty and Historic or Archeological Sites; Facilities for Traveling Motorists

Section 13B. The department may acquire by eminent domain under the provisions of chapter seventy-nine or by purchase or otherwise land and rights in land within or adjacent to federal-aid highways of the commonwealth for the purpose of restoring, preserving and enhancing scenic beauty, or, with the approval of the Massachusetts historical commission and subject to the availability of federal reimbursement, historic or archeological sites, and of providing publicly owned and controlled rest and recreation areas and sanitary and other facilities to accommodate the traveling public. The department may improve such lands, and may expend for the purposes of this section such sums as may be appropriated therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 14 - Removal of Trees and Other Obstructions Near Highways

Section 14. The department, if it can obtain consent of the owner, shall remove the trees, limbs of trees, shrubbery or any structure or other obstacle from lands bordering upon state highways, which in its opinion obstruct the view of persons traveling upon the highway or make traveling thereon dangerous. If the owner does not desire the material which has been so removed, the department may sell or otherwise dispose of it. The department shall cause all debris resulting from any cutting or trimming done along the state highway, under authority of this or of any other chapter, to be disposed of in such manner that it will not constitute a fire menace to adjoining property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 15 - Contracts for Maintenance and Repair

Section 15. The department may contract with the town in which a state highway lies or with a private person or may make other provision for the maintenance and repair thereof in accordance with the regulations of the department and subject to its supervision and approval. Such contracts may be made without previous advertisement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 18 - Defects in Highways; Liability

Section 18. The commonwealth shall be liable for injuries sustained by persons while traveling on state highways, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections fifteen, eighteen and nineteen of chapter eighty-four, except that the commonwealth shall not be liable for injury sustained because of the want of a railing in or upon any state highway, or for injury sustained upon the sidewalk of a state highway or during the construction, reconstruction or repair of such highway. The amount which may be recovered for any such injury shall not exceed one fifth of one per cent of the valuation of the town in which the injury was received, nor shall it exceed four thousand dollars. Notice of the injury as required by law shall be given to a member of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 19 - Jurisdiction of Local Police; Snow Removal

Section 19. A town shall have police jurisdiction over all state highways within its limits. It shall forthwith give written notice to the department or its employees of any defect or want of repair in such highways; but it may make necessary temporary repairs of a state highway without the approval of the department.
The department shall at the expense of the commonwealth keep such state highways or parts thereof as it may select sufficiently clear of snow and ice to be reasonably safe for travel; and the town in which any such state highway or part thereof lies shall forthwith give written notice to the department or its employees of any failure to keep such highway or part thereof clear of ice and snow as aforesaid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 20 - Sidewalks

Section 20. The department shall from time to time construct sidewalks along such parts of the state highways as it determines public convenience and necessity require. Sidewalks may also be constructed along state highways and maintained in accordance with sections twenty-five and twenty-six of chapter eighty-three.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 20a - Illumination of Highways

Section 20A. The department may illuminate, or cause to be illuminated, by means of highway lighting, traffic circles, traffic underpasses, traffic overpasses, traffic islands and other locations in the state highways wherever, in its opinion, such illumination is necessary for the safety of the travelling public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 22 - Prescriptive Rights of Adjoining Owners

Section 22. No length of possession, or occupancy of land within the limits of a state highway by an owner or occupant of adjoining land shall give him any title thereto, and any fences, buildings or other objects encroaching upon a state highway shall, upon written notice by the department, be removed within fourteen days by the owner or occupant of adjoining land, and if not so removed, the department may either remove the same to such adjoining land or such encroaching objects, other than a building used for residential purposes, may be removed by the department forces and shall be placed in the nearest maintenance area of the department. Notice by certified mail, return receipt requested shall be given to the owner stating where such encroaching object is located and further stating that if not claimed within three weeks said object may be destroyed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 24 - Authorization

Section 24. The department may, whenever any money is appropriated by the general court for its use in the construction or improvement of any particular way, expend such money in constructing or improving the whole or such part of said way as it deems best, either upon the location of the existing way or upon any new location that may be established by the county commissioners or the selectmen, and no part of the way so improved shall thereby become a state highway or be maintained as such. The department may, however, lay out the whole or any part of any such way as a state highway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 25 - Maintenance

Section 25. When any public way has been constructed or improved in whole, or in part, with money furnished by the commonwealth, and the way is not laid out as a state highway, the town in which the way lies shall thereafter keep and maintain in good repair and condition that part of the way which has been so constructed or improved; and the expense thereof shall be borne by the town or county, or both, as may be agreed upon at the time such construction or improvement is undertaken, except as otherwise provided in section twenty-six of this chapter and in paragraph 2(a) of section thirty-four of chapter ninety. If the department shall determine at any time that such way is not being maintained in proper condition, it shall so notify the mayor or selectmen having charge of the repairs of said way and the county commissioners, and shall specify in said notice what repairs and improvements are necessary; and the officials in charge of the way shall forthwith proceed to make the specified repairs and improvements. If said officials do not make such repairs or improvements within fifteen days from the receipt of such notice, or within such further time as the department may allow, the department may proceed to have the repairs or improvements made, and may pay for the same from any money which may be available for the repair and maintenance of state highways. The department shall annually, in January, certify to the state treasurer the amount of such expenditures during the preceding year. So much of the expenditures as by agreement are to be paid by the towns shall be made a part of the state tax for such towns; and so much of the expenditures as by agreement are to be paid by the counties shall be paid by the county treasurers to the state treasurer. The department may embody the provisions of this section in all contracts and agreements for work to be done in the construction or improvement of public ways, other than state highways, constructed or improved in whole, or in part, with money furnished by the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 26 - Maintenance of Ways in Small Towns

Section 26. There may be expended for the repair and improvement of public ways, other than state highways, in towns having valuations of less than five million dollars, as established by the valuations made for the purpose of apportioning the state tax as appearing in chapter five hundred and fifty-nine of the acts of nineteen hundred and forty-five and in which the proportionate amount paid by such towns of every million dollars of such tax as established and apportioned in said chapter five hundred and fifty-nine, divided by the number of miles of such public ways, hereinafter known as the road mileage ratio, is less than twelve dollars, such sums not exceeding two hundred and fifty dollars per mile as the general court may appropriate therefor; provided, that such towns shall contribute or make available for use in connection therewith the following amounts for each mile of public ways within their respective limits, according to the following schedule based on their road mileage ratio:—
1. Less than one dollar and forty cents, fifteen dollars.
2. One dollar and forty cents and less than two dollars, twenty-five dollars.
3. Two dollars and less than two dollars and eighty cents, forty dollars.
4. Two dollars and eighty cents and less than three dollars and fifty cents, fifty dollars.
5. Three dollars and fifty cents and less than five dollars and fifty cents, seventy-five dollars.
6. Five dollars and fifty cents and less than seven dollars, one hundred dollars.
7. Seven dollars and less than nine dollars, one hundred and twenty-five dollars.
8. Nine dollars and less than twelve dollars, one hundred and fifty dollars.
The amounts appropriated as aforesaid and contributed by the towns shall be expended under the direction of the department of highways on such ways as said department and the selectmen of the towns may agree upon.
The department shall withhold or withdraw the unexpended balance of any funds assigned by it under this section or section twenty-five if the town fails to comply with the official standards for traffic control established by the department or with any provision of a traffic control agreement negotiated between the department and the town, as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code.
The cost of snow removal upon such ways in any such town, including amounts paid as rental for trucks and other equipment, and, at hourly rates approved by the department of highways, charges for the use of trucks and other equipment owned by such town, and the cost of sanding such ways in any such town may be paid from the amounts so appropriated and contributed, at the rate of not more than seventy-five dollars per mile.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 26a - Maintenance of Ways in Small Towns; Contributions by County

Section 26A. The county commissioners of the county wherein any public way is to be repaired or improved under the provisions of the preceding section may contribute and expend county funds therefor in accordance with such agreements as the commissioners may make with the department and the selectmen of the town. Said county funds may be paid to the department or to the town from time to time as the work progresses, to the extent that the said commissioners are satisfied that the work for which agreements have been made is being done in accordance therewith. Such contributions or expenditures by a county shall not render it liable for defects in any way or for damages to persons traveling thereon, and when the work of repair or maintenance for which such contribution or expenditure is made is completed, there shall be no further obligation on the part of the county as to the repair and maintenance thereof until a further contribution is made by the county commissioners for such purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 28 - Maintenance of Ways in Small Towns; Performance of Contract

Section 28. The said towns may contract with the department for the performance of the work authorized by section twenty-six; or, if the selectmen so request, the department may have the work done by such persons and in such manner as it may determine, in which event the towns shall pay their proportionate part of the expense when and as ordered by the department. The cost of any materials, machinery or tools purchased by the department for or on account of the work in any town shall be considered as a part of the expenditures in such town under section twenty-six; and such machinery or tools shall belong to the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 29 - Maintenance of Ways in Small Towns; Determination of Town's Contribution

Section 29. The department shall determine, ad nearly as possible, the number of miles of such public ways in towns entitled to the benefits under section twenty-six, and shall inform the selectmen of such towns of the contributions required from them under said section.