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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 29a - Laying Out or Altering Ways; Consent, Acquisition, Funds

Section 29A. The department may lay out or alter ways other than state highways in any county, city or town provided that the county commissioner of the county, or the mayor of the city or the board of selectmen of the town consents thereto. 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 county, city or town in which the land lies. 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. For this purpose the department may use any funds which may be available for highway purposes, including federal aid, and may also use any money appropriated for a county, or by a city or town, toward the damages sustained, provided that the county commissioners, selectmen or mayor have agreed in writing to pay the money thus appropriated upon the order of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 30 - Use of Federal Aid for Highways and Rural Post Roads

Section 30. The department may make all contracts and agreements and do all other things necessary to co-operate with the United States in the construction and maintenance of highways, under an act of congress approved on July eleventh, nineteen hundred and sixteen, entitled ''An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes'', as amended and supplemented, and submit such plans, estimates and programs for the improvement of highways as will meet the requirements of the secretary of commerce under said act, and it may use therefor any funds which may be available for the construction and maintenance of state highways, and may make any agreements or contracts that may be required to secure federal aid in the construction of highways under the provisions of the act of congress aforesaid, and of all other acts in amendment thereof, or in addition thereto, and may, in such agreements or contracts, provide, among other things, for such labor preferences to honorably discharged soldiers, sailors and marines as are made necessary by federal legislation, and may provide that no other preference or discrimination among citizens of the United States shall be made in connection with the expenditure of any money received from the federal government by virtue of the said legislation, and also any money received from the United States on account of the construction of highways. The department may also, for the purpose of securing federal aid, use any money appropriated by a county, city or town for the construction of a way or any part thereof for which federal aid may be secured, and make contracts or agreements involving the expenditure of said money, provided the county commissioners or the selectmen or duly authorized officials of the city or town have agreed in writing to pay the money thus appropriated upon the order of the department. The department may also maintain the roads constructed under this section or said act of congress, from any money appropriated by the general court for the maintenance of state highways or for the repair or maintenance of other public ways.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 81 - State Highways › Section 32 - Definitions

Section 32. For the purposes of reimbursing cities and towns for the costs actually incurred in constructing, maintaining and policing city or town streets or roads as provided in section thirty-one the following words shall have the following meanings:—
(a) ''Constructing'', all operations on the travelled way on new location or where considerable reconstruction is to be undertaken, including resurfacing and other work incidental to the above, such as shoulders, side road approaches, roadsides, drainage, structures, sidewalks, traffic control and service facilities, intersection construction, and unusual or disaster operations and professional services, or for such other purposes that the commissioner of highways may specifically authorize.
(b) ''Maintaining'', all operations on the travelled way including scarifying, reshaping, applying dust palliatives and restoring material losses; patching, mudjacking, joint filling, surface treating, etc. and replacement in kind; other work such as restoration of erosion controls; reshaping drainage channels and side slopes; mowing; tree trimming; replacing topsoil, sod, shrubs, curbing, gutters, riprap, underdrains, culverts; cleaning and repairing culverts; cleaning; painting and repairing of structures; replacement of rail, floors, stringers and beams of structures; replacement of walls and the repairing of drawbridges; removal of snow and ice and related operations such as sanding, chemical applications, etc.; the erection of snow fences and the opening of inlets clogged with snow and ice; removal of litter from the roadsides and drainage; operation of drawbridges charged to highway traffic; painting, repairing and replacement in kind of signs, guardrail, signals, lighting standards, etc.; maintenance and replacement in kind of rest areas; servicing of and furnishing power and light bulbs for highway lighting and traffic control devices; roadside cleaning operations; operation of roadside areas, towing service, information booths, etc.; or for such other purposes that the commissioner of highways may specifically authorize.
(c) ''Policing'', all operations on the travelled way by city or town law enforcement officials having to do with the direction or control of traffic thereon and such other purposes as the commissioner of highways may specifically authorize.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 2 - Petition; Recognizance

Section 2. If common convenience and necessity require a new highway from town to town or from place to place within the same town, or the alteration, relocation, specific repair, discontinuance or discontinuance of maintenance of an existing highway, application therefor shall be made, by petition in writing, to the county commissioners having jurisdiction thereof. The petitioners shall, if so required by the county commissioners, before any action is taken upon such petition, cause a sufficient recognizance to be given to the jurisdiction, with surety to the satisfaction of the commissioners, for the payment of all costs and expenses to the jurisdiction which shall arise by reason of the proceedings on such petition, if the petitioners do not prevail.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 3 - Notice of Proposed Taking and View or Hearing; Publication

Section 3. Fifteen days at least before the time appointed for a view or hearing, the commissioners shall cause notice of the time and place appointed therefor and a copy of such petition to be served upon the clerk of every town wherein such new highway, alteration, relocation, specific repair, discontinuance or discontinuance of maintenance is prayed for and in the event a plan has been prepared for such new highway, alteration, relocation, specific repair, discontinuance or discontinuance of maintenance the commissioners shall, at least seven days before the date for such hearing or view, mail to the recorded owners of land, subject to a taking because of such new highway alteration, relocation, specific repair, discontinuance or discontinuance of maintenance a notice of the proposed taking and the time and place of such view or hearing. In the event a plan has not been prepared prior to such hearing or view then at least seven days before the final approval of plans for such new highway, alteration, relocation, specific repair, discontinuance or discontinuance of maintenance the commissioners shall provide a hearing for the recorded owners of land subject to taking and mail them notice of such hearing at least seven days before the date set for such hearing. Seven days at least before the time appointed for such view or hearing, they shall cause notice of the time and place appointed therefor to be mailed to each person whose land may be subject to a taking for such purpose, and such notice shall inform such land owner of the proposed taking. They shall also cause copies of the petition, or abstracts thereof, and of the notice, to be posted in two public places in each of said towns and to be published in such newspaper as they shall order; the posting and the last publication to be seven days at least before any view, hearing or adjudication on such petition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 4 - View of Premises; Adjudication

Section 4. They shall view the premises if they consider it expedient or if requested by any party interested; and shall hear the parties, either at the time of the view, at a regular or special meeting or at an adjournment thereof, as they determine; and as soon as may be after the hearing, they shall determine whether the laying out, altering, relocating, specific repairing, discontinuing or discontinuing maintenance of such highway is required by the common convenience and necessity. If they adjudicate that the action prayed for is not required by common convenience and necessity, the petition shall be dismissed; otherwise they shall proceed in the manner prescribed in section five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 5 - Procedure on Objections to Proposal

Section 5. If at the time of the view or hearing as provided in section three when a plan has been prepared no person interested objects, the commissioners may, within twelve months thereafter, lay out, alter, relocate, or order specific repairs upon such highway without further notice. If at such time any person interested objects, the commissioners shall not lay out, alter, relocate, or order specific repairs upon such highway without another hearing, at which any party interested may be heard with respect to the manner in which the proposed improvement shall be carried out. Notice of such hearing shall be given in the manner prescribed in section three. If at the time of a view upon a petition for discontinuing or discontinuing maintenance of a highway, the commissioners decide that it ought to be discontinued or no longer maintained, they may at the same time adjudge that it be discontinued or no longer maintained, without a further or subsequent meeting therefor; and if a return of said proceedings and adjudication is made and accepted at the next regular meeting of the commissioners, it shall be a discontinuance or discontinuance of maintenance of such highway. The commissioners may adjudicate and decree in respect to a portion of a way described in a petition pending before them, leaving the petition open pending a further or final adjudication and decree in respect to a further portion of said way or a final adjudication and decree as to the remainder of such way. Upon petition of a town or city, the commissioners may discontinue a county highway and thereafter the way or section of way so discontinued shall be a town way. Unless so petitioned, the discontinued way shall no longer be a public way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 6 - Changes Between Termini; Establishment of Building Lines

Section 6. They may make such changes between the termini of the highway described in the petition, relative to the direction and course of such highway or to the alteration, specific repair or discontinuance thereof, as in their opinion the public convenience requires, and, in connection with the laying out, alteration or relocation thereof, may establish a building line not more than forty feet distant from the exterior line of such highway, extending for such distance from points where such highway joins an intersecting way, as defined in section one of chapter ninety, as may be necessary to insure the safety of the public, and thereafter no structures shall be erected or maintained between such building line and such highway except steps, windows, porticos, other usual projections appurtenant to the front wall of a building, embankments, walls, fences and gates, to the extent prescribed by the order establishing such building line. A building line so established may be discontinued in the manner provided for the discontinuance of a highway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 7 - Taking Land or Easement by Eminent Domain; Damages

Section 7. If it is necessary, for the purpose of laying out, altering or relocating a highway, or establishing a building line in connection therewith, to acquire land, or an easement or right therein, the commissioners shall, at the same time that the highway is laid out, altered or relocated, take such land, easement or right by eminent domain under chapter seventy-nine. Any person sustaining damage in his property by the laying out, alteration, relocation, discontinuance or discontinuance of maintenance of a highway, or by specific repairs thereon, or by the establishment or discontinuance of a building line, shall be entitled to recover the same under said chapter. If no entry has been made upon land taken for highway purposes, or if the location has for any other cause become void, or if specific repairs which have been ordered are not made, a person who has suffered loss or been put to expense by the proceedings shall be entitled to recover indemnity therefor under said chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 8 - Construction Requirements; Payment of Expenses

Section 8. The commissioners, in their return, shall determine and specify the manner in which a new highway shall be laid out or an existing one altered, relocated or specifically repaired, and may specify in sufficient detail the work required so that the same may be completed in accordance with the commissioners' directions, and the time within which it shall be completed, and each town shall perform the work so required within its limits unless other provision is made. They may apportion the expense thereof upon the county and towns, respectively, or they may agree with the towns in which the highway is located or with the department of highways, or both, as to the apportionment of such expense to be paid by the towns, county or state, respectively. The selectmen or mayor shall give notice to said commissioners of the time when the work ordered is begun if so required in the return, and the commissioners or their agents may examine the work as often as may be necessary during its progress to ascertain that it is well done according to the direction of the commissioners, and, in case the town does not perform the work to the acceptance of said commissioners, the provisions of sections fourteen and fifteen shall apply. The commissioners shall transmit to the clerk of each town in which the highway lies a description and plan of the location and bounds thereof within the limits of such towns respectively, which description shall be recorded within ten days by the clerk in a book kept for that purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 9 - Culverts and Cattle Passes

Section 9. If the commissioners require a culvert, cattle pass or other passageway to be made under a highway, they may order the town to construct the same as a part of the highway, and may order the whole or any part of the expense to be paid by the county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 10 - Specific Repair of Ways

Section 10. If, upon a petition for the laying out or alteration of a highway, the commissioners, after a view and hearing, are of the opinion that the existing highway between the termini mentioned in the petition can be so far amended as to supersede the necessity of laying out a new highway or of altering the location of existing ways, they may, after notice to the towns interested, direct specific repairs to be made in the existing ways in such manner as the public convenience may require; and may apportion the expense thereof upon the county and towns respectively as in laying out highways. At the time of ordering specific repairs upon a highway, they may direct it to be closed for public travel for a reasonable time. Towns in which specific repairs are ordered shall make them. Nothing in this chapter with respect to commissioners' orders for specific repairs shall relieve towns from their duties and liabilities with respect to keeping public ways in repair.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 11 - Relocation

Section 11. If application is made to the commissioners by a town, or by five inhabitants thereof, to relocate or order specific repairs on a way within such town, whether it was laid out by authority of the town or otherwise, they may, either for the purpose of establishing the boundary lines of such way or of making alterations in the course or width thereof, or of making specific repairs thereon, relocate it in the manner prescribed for laying out highways in sections two to nine, inclusive. The expense shall be assessed upon the petitioners or upon the county or town, or upon the land benefited by the improvement under chapter eighty, as the commissioners may order. The commissioners may, without petition, after giving notice as provided in section three, relocate any public way for the purpose of establishing its boundaries, or of making specific repairs thereon, in which case no part of the expense shall be assessed upon the town.
The commissioners may adjudicate and decree in respect to a portion of a way described in a petition pending before them, leaving the petition open pending a further or final adjudication and decree in respect to a further portion of said way or a final adjudication and decree as to the remainder of such way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 11a - Entry Upon Private Lands for Purpose of Reconnaissances, Surveys, Soundings, Inspections and Examinations

Section 11A. Whenever the commissioners or their authorized agents deem it necessary to make reconnaissances, surveys, soundings, inspections or examinations to obtain information for the layout and construction of highways or other projects under their jurisdiction, said commissioners or their authorized agents or employees may, after due notice by registered mail, given by the commissioners or their authorized agents, enter upon such lands, waters and premises, not including buildings, in their respective counties as they may deem necessary or convenient for the purposes of this chapter, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under eminent domain proceedings. The county shall make reimbursement for any injury or actual damage to such lands, waters and premises caused by any act of the authorized agents or employees, and shall so far as possible restore such lands to the condition in which they were prior to making such entry. Such reimbursement shall be assessed upon the respective towns within which said areas have been entered upon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 12 - Payment of Damages and Costs of Construction

Section 12. When a highway has been finally laid out, altered, relocated, discontinued or maintenance discontinued, or when specific repairs are ordered on an existing highway by the county commissioners, the county shall be primarily liable for all damages thereby caused, or for all amounts awarded or assessed as indemnity. The commissioners shall determine what proportion if any of the expenses of the proceedings, cost of construction, damages and indemnity shall be assessed upon the land benefited under chapter eighty and whether the remainder, if any, shall be borne by the county, or by the towns in which the parts of the highway are respectively located. The commissioners shall notify each such town of any balance due from such town to the county under this section and may enforce payment as provided in section fifteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 13 - Payment of Expenses of Rejected Petitions

Section 13. If a highway is not finally laid out, relocated, altered, discontinued or maintenance discontinued, or if specific repairs are not ordered, the expenses of the proceedings shall be paid by the persons who have recognized therefor. If they refuse or neglect, when required by the commissioners, to pay such expenses, such expenses or costs shall be paid by the county; and thereupon the commissioners may collect the same from the persons who so recognized, as provided by section eighteen of chapter thirty-four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners

Section 14. If, after a highway has been laid out by the commissioners, a city or town whose duty it is to make such highway, or a part thereof, does not make and complete the same within the time and in the manner prescribed and to the acceptance of the commissioners, they may forthwith cause such highway to be completed as aforesaid, and shall direct the expenses and charges of completing the same to be paid by the county and shall order notice thereof to be given to each delinquent city or town, stating the proportion which it is to pay.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 15 - Remedy Against Delinquent Municipalities

Section 15. If a delinquent city or town does not pay its proportion of such expenses and charges within sixty days after the date of said notice, with interest thereon at the rate of ten per cent a year from the time when the same is paid by the county, the commissioners may, after a hearing, issue a warrant against such city or town for the amount which it was ordered to pay, with interest and the further costs of such notice and warrant, which shall be collected and paid into the county treasury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 16 - Payment of County's Share of Expense

Section 16. When a highway which has been laid out, specifically repaired, relocated or altered, is completed, in whole or in part, the commissioners shall view and carefully examine it throughout, and if they find that it has been well made according to their directions, they shall order the proportion of the expense for which the county is liable under section twelve or which has been assessed upon the land benefited to be paid by the county. Said commissioners, before work ordered by them is wholly completed, may pay to the city or town such proportion of the county's share of the expense as they determine, having regard to the amount of work done and the proportion of the expense which they have determined the county shall pay.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 17 - Jurisdiction

Section 17. The city council of a city and the selectmen or road commissioners of a town may exercise original jurisdiction, concurrent with the county commissioners, of petitions for altering, relocating or making specific repairs upon a highway within the town limits, but except as to such parts thereof as, by such action, become unnecessary for public use, a city or town shall not discontinue any highway or diminish the width thereof, nor shall it assess upon the county any part of the expense of altering, relocating or repairing. The proceedings of cities and towns and their officers hereunder shall be the same as in the laying out of highways or town ways. Nothing in sections seventeen to nineteen, inclusive, shall diminish the powers over highways granted to a city by its charter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 18 - Notice to County Commissioners of Final Action on Petitions

Section 18. Within two weeks after final action relative to the alteration or relocation of a highway or making specific repairs thereon, under the preceding section, the town clerk shall send a certified copy of the record of such final action to the county commissioners, who shall enter it upon their records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 19 - Appeal to County Commissioners

Section 19. An appeal may be taken to the county commissioners from any action under the two preceding sections, and they shall thereupon give a public hearing, with not less than fourteen days' notice thereof, in the manner required in the laying out of highways or town ways and also by publishing in a newspaper a copy of the notice not less than seven days before the hearing. At such hearing the county commissioners may finally decide such appeal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 20 - Applicability to Railroad Crossings

Section 20. The three preceding sections shall not affect sections fifty-nine to eighty-two, inclusive, of chapter one hundred and fifty-nine, and sections ninety-five to one hundred and fourteen, inclusive, and section two hundred and fifty-two of chapter one hundred and sixty, relative to railroad corporations and street railway companies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 21 - Authority to Lay Out Ways

Section 21. The selectmen or road commissioners of a town or city council of a city may lay out, relocate or alter town ways, for the use of the town or city, and private ways for the use of one or more of the inhabitants thereof; or they may order specific repairs to be made upon such ways; and a town, at a meeting, or the city council of a city, may discontinue a town way or a private way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 22 - Notice of Intention

Section 22. Seven days at least prior to the laying out, relocation or alteration of a town way or private way a written notice of the intention of the selectmen or road commissioners of the town to lay out, relocate or alter the same shall be left by them, at the usual place of abode of the owners of the land which will be taken for such purpose, or delivered to such owner in person or to his tenant or authorized agent. If the owner has no such place of abode in the town and no tenant or authorized agent therein known to the selectmen or if, being a resident in the town, he is not known as such to the selectmen or road commissioners, such notice shall be posted in a public place in the town seven days at least before the laying out, relocation or alteration of such way. This section shall not apply to cities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 23 - Filing and Acceptance of Plan

Section 23. No town way or private way which has been laid out, relocated or altered by the selectmen or road commissioners shall, except as hereinafter provided, be established until such laying out, relocation or alteration, with the boundaries and measurements of the way, is filed in the office of the town clerk and, not less than seven days thereafter, is accepted by the town at a town meeting. This section shall not apply to cities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 24 - Taking by Eminent Domain; Damages

Section 24. If it is necessary to acquire land for the purposes of a town way or private way which is laid out, altered or relocated by the selectmen, road commissioners or other officers of a town under this chapter, such officers shall, within one hundred and twenty days after the termination of the town meeting at which the laying out, alteration or relocation of such town way or private way is accepted by the town, acquire such land by purchase or otherwise, or adopt an order for the taking of such land by eminent domain under chapter seventy-nine or institute proceedings for such taking under chapter eighty A. Any person sustaining damage in his property by the laying out, alteration or relocation of a town way or private way shall be entitled to recover the same under said chapter seventy-nine, unless such damage was sustained in connection with a taking made in proceedings instituted under said chapter eighty A, and any person sustaining damage in his property by the discontinuance of a town way or private way or by specific repairs thereon shall be entitled to recover the same under said chapter seventy-nine. If no entry has been made upon land taken under said chapter seventy-nine for the purpose of a town way, or if the location has for any other cause become void, a person who has suffered loss or been put to expense by the proceedings shall be entitled to recover indemnity therefor under said chapter seventy-nine. If a private way is laid out, relocated, altered or discontinued by a town, or if a town makes specific repairs thereon, or if a town way is discontinued, the persons upon whose application such way is laid out, relocated, altered or discontinued or upon whose application specific repairs are made thereon shall, before such way is entered upon for the purposes of construction, or is closed up, give such town security satisfactory to the selectmen that they will indemnify such town for all damages and charges which it is obliged to pay by reason thereof, and all such damages and charges shall be repaid to the town by the persons making such application; provided, however, that in case of the discontinuance of a town way the selectmen may order a part of the damages to be paid by the town. The first sentence of this section shall not apply to cities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 25 - Sewers and Pipes

Section 25. In a town which accepts the provisions of this section or has accepted corresponding provisions of earlier laws, the selectmen, road commissioners or sewer commissioners may, when a town way is laid out, relocated or altered, enter and lay sewers and water pipes therein before possession is taken for the purpose of constructing such way, in like manner as if it had been actually constructed. Such entry shall not be deemed an entry for the purpose of constructing the way, and until such way has been constructed, sewer assessments shall be levied only upon the estates of persons connecting their drains with such sewers. If such laying out, relocation or alteration becomes void under the provisions of section three of chapter seventy-nine, all sewers or water pipes so laid therein shall be deemed to have been legally laid and placed therein; and damages may be recovered therefor under chapter seventy-nine; and the right to recover the same shall accrue when such laying out, alteration or widening becomes void. This section shall not apply to cities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 28 - Completion of Way by County Commissioners

Section 28. If a town in which a town way or private way has been laid out, relocated, altered or approved in pursuance of the two preceding sections does not make and complete the same in the manner prescribed by the county commissioners, and to their satisfaction, within six months after it has been laid out, relocated, altered or approved, or within the time directed by them, they shall, forthwith, cause such way to be completed, and the expenses, interest and charges thereof shall be determined and paid in the manner provided in sections fourteen and fifteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners

Section 29. If the laying out, relocation or alteration of a private way is desired in a town for the use of one or more persons who are not inhabitants thereof, or if the laying out, relocation or alteration of a private way lying partly in one town and partly in another is desired, the county commissioners may cause such way to be laid out, relocated or altered, in the manner provided in section twenty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 30 - Discontinuance by Commissioners

Section 30. Upon the application in writing of a person aggrieved by the refusal of a town to discontinue a town way or private way, the county commissioners may order such way to be discontinued. If a town way has been laid out, relocated or altered by the county commissioners, it shall not within two years thereafter be discontinued, relocated or altered by the town; and if such way has been discontinued by the county commissioners, the town shall not within two years thereafter lay out the same again.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 31 - Costs for Hearing Petitions; Recognizance

Section 31. If an application is made to the county commissioners under sections twenty-six, twenty-seven, twenty-nine or thirty, they may cause a recognizance to be given to the county such as is required in applications for highways; and like proceedings may be had on such recognizance. They shall also cause notice to be given, before they proceed to view or to hear the parties, as in the case of highways.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation

Section 32. When a town way or private way is laid out, relocated or altered by the selectmen or road commissioners or by the county commissioners, they shall in their report or return thereof specify the manner in which such way is laid out, relocated or altered and shall transmit to the town clerk a description of the location and bounds thereof, which shall within ten days be recorded by him in a book kept for that purpose; and no town shall contest the legality of a way laid out by it and accepted and recorded as provided in this chapter. Sections twenty-six to thirty-two, inclusive, shall apply to cities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 32a - Abandonment of Municipal Ways

Section 32A. The board or officers of a city or town having charge of a public way may, after holding a public hearing, notice of which shall be sent by registered mail, return receipt requested, to all property owners abutting an affected road and notice of which shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing and by posting in a conspicuous place in the office of the city or town clerk for a period of not less than fourteen days before the day of the hearing, upon finding that a city or town way or public way has become abandoned and unused for ordinary travel and that the common convenience and necessity no longer requires said town way or public way to be maintained in a condition reasonably safe and convenient for travel, shall declare that the city or town shall no longer be bound to keep such way or public way in repair and upon filing of such declaration with the city or town clerk such declaration shall take effect, provided that sufficient notice to warn the public that the way is no longer maintained is posted at both ends of such way or public way, or portions thereof. Upon petition in writing of the board or officers of a city or town in which a county highway is located, the county commissioners, whenever common convenience and necessity no longer require such way to be maintained in a condition reasonably safe and convenient for public travel, after giving notice in the manner prescribed in section 3, and after viewing the premises and hearing the interested parties in the manner prescribed in section 4, may adjudicate that the town shall no longer be bound to keep the way in repair, and thereupon the adjudication shall take effect; provided, that sufficient notice to warn the public that the way is no longer maintained is posted at both ends of the way, or portions thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 32b - Taking Slope Easement to Protect Ways

Section 32B. Wherever in this chapter or in any city charter a board of officers is authorized to take land by eminent domain under chapter seventy-nine, in connection with the laying out, widening, altering or relocating of a public way, such board of officers shall be authorized to take an easement in land adjoining the location of the public way consisting of a right to have the land of the location protected by having the surface of such 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 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 32c - Easements for Erection of Snow Fences

Section 32C. A city or town may purchase, receive, or take by eminent domain easements or other rights or interests in land adjacent to a public way for the purpose of erecting and maintaining snow fences, so-called, thereon; provided, however, that such snow fences shall not be erected prior to November first of each year and shall be removed by May first of the next ensuing year.
A taking of any interest in land by eminent domain under this section shall be deemed a taking for highway purposes under section five B of chapter seventy-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars

Section 34. If the city council of a city, or a town, accepts this section or has accepted the corresponding provisions of earlier laws, the board or officers authorized to lay out highways or town ways may reserve spaces between the side lines thereof for the use of horseback riders, for bicycle paths or for street railways, except such as may be operated by steam, for drains, sewers and electric wires, for trees and grass, and for planting. A pedestrian who is injured by a street railway car within or upon any of the spaces so reserved for street railways shall have the rights of a traveler on the highway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 35 - Bicycle Paths

Section 35. The board or officers authorized to lay out highways or town ways may lay out, construct and maintain bicycle paths under the provisions of law relative to the laying out, construction and maintenance of public ways.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 35a - Laws Relative to Public Ways; Definition

Section 35A. The board or officers authorized to lay out highways or town ways may lay out, construct and maintain rail trails under the laws relative to the laying out, construction and maintenance of public ways. For purposes of this section, a rail trail shall mean property converted from the former use as a railroad right-of-way to a use as a publicly-owned, improved and maintained corridor for bicycle, pedestrian and other non-motorized public transportation, recreation and associated purposes. Rail trails may be laid out on property a city or town has acquired by fee, easement, lease, license or otherwise and may be subject to a reversion allowing the railroad company or authority to reclaim the property for rail purposes upon written notice. The owner of such reversion shall be exempt from liability for any claims associated with use of any such rail trail including claims for damages that may arise under section 15 of chapter 84 and section 38 of chapter 161A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 36 - Penalty for Misuse of Bicycle Paths

Section 36. Whoever trespasses upon bicycle paths named in the two preceding sections by driving thereon with a horse or other animal, except to cross the same, shall be punished by a fine of not more than twenty dollars; but the aldermen or selectmen may prescribe limits within which this section shall not apply.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon › Section 37 - Building Lines

Section 37. If a city by its city council or a town accepts this section or has accepted corresponding provisions of earlier laws, a building line not more than forty feet distant from the exterior line of a highway or town way may be established in the manner provided for laying out ways, and thereafter no structures shall be erected or maintained between such building line and such way, except steps, windows, porticos, other usual projections appurtenant to the front wall of a building, embankments, walls, fences and gates, to the extent prescribed in the vote establishing such building line, and except that any structure existing at the time of the establishment of the building line may be permitted to remain and to be maintained to such extent and under such conditions as may be prescribed in the vote establishing such building line. Whoever sustains damage thereby may recover the same under chapter seventy-nine. A building line established under this section may be discontinued in the manner provided for the discontinuance of a highway or town way. Whoever sustains damages by the discontinuance of a building line may recover the same under chapter seventy-nine.