General Laws of Massachusetts - Chapter 253 Mills, Dams and Reservoirs
- Massachusetts General Laws - Erection - Chapter 253, Section 1
A person may, as hereinafter provided, erect and maintain a water mill and a dam to raise water for working it, upon and across any...
- Massachusetts General Laws - Dams; injury to existing mill; prohibition - Chapter 253, Section 2
Such dam shall not be erected to the injury of a mill lawfully existing above or below it on the same stream, nor to the...
- Massachusetts General Laws - Height of water - Chapter 253, Section 3
The height to which the water may be raised and the period of time for which it may be kept up in each year may...
- Massachusetts General Laws - Overflow or injury to land; action for compensation; limitation; venue - Chapter 253, Section 4
The owner or occupant of land which has been overflowed or otherwise injured by such dam may bring a civil action to obtain compensation therefor....
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 299 - Chapter 253, Section 5 6
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Jury - Chapter 253, Section 7
Such action shall be tried by a jury and, if either party requires it, the jury shall, under the direction of the court, view the...
- Massachusetts General Laws - Assessment of damages - Chapter 253, Section 8
If the jury finds that the plaintiff has suffered the injury complained of it shall assess the amount of damages sustained within three years last...
- Massachusetts General Laws - Height of dam; determination by jury - Chapter 253, Section 9
If it is alleged in the plaintiff’s complaint that the dam has been raised to an unreasonable height, or that it ought not to be...
- Massachusetts General Laws - Annual and gross damages; assessment by jury - Chapter 253, Section 10
They shall also determine by their verdict what amount, if any, to be paid annually to the plaintiff, would be a just and reasonable compensation...
- Massachusetts General Laws - Plaintiff; right to elect gross amount - Chapter 253, Section 11
The plaintiff may, within three months after the verdict has been recorded elect, by a writing filed in the clerk’s office, to take the amount...
- Massachusetts General Laws - Gross amount; time for payment - Chapter 253, Section 12
The owner or occupant of the mill or dam shall, within three months after such election, pay to the plaintiff or secure to his satisfaction...
- Massachusetts General Laws - Annual compensation - Chapter 253, Section 13
If the plaintiff does not file an election, as aforesaid, he and all persons claiming under him shall, so long as the dam is kept...
- Massachusetts General Laws - Damages; lien on mill - Chapter 253, Section 14
The person who is entitled to receive said annual compensation or gross damages shall have a lien therefor, from the time of the commencement of...
- Massachusetts General Laws - Recovery of damages; enforcement of lien - Chapter 253, Section 15
Such person may recover, in contract in the superior court from the person who owns or occupies the mill when the action is brought, the...
- Massachusetts General Laws - Sale on execution - Chapter 253, Section 16
The execution issued on such judgment, if not otherwise satisfied, may, within thirty days after judgment, be levied on the land so subject to the...
- Massachusetts General Laws - Redemption - Chapter 253, Section 17
A person who is entitled to the land so sold may redeem the same within one year after the sale, upon paying to the purchaser...
- Massachusetts General Laws - Costs - Chapter 253, Section 18
The party prevailing upon such action shall be entitled to costs, except as otherwise provided.
- Massachusetts General Laws - Remedies - Chapter 253, Section 19
No action shall be maintained at common law for the recovery of damages for the erection, maintenance or use of a mill or mill dam,...
- Massachusetts General Laws - Existing mills and dams; effect of this chapter - Chapter 253, Section 20
This chapter shall not, except as herein expressly provided, affect the right to keep up, maintain and use any lawfully existing water mill and mill...
- Massachusetts General Laws - Reassessment; new action - Chapter 253, Section 21
If either party is dissatisfied with the annual compensation established by proceedings upon a civil action under this chapter or corresponding provisions of earlier laws,...
- Massachusetts General Laws - Reassessment; parties; time - Chapter 253, Section 22
Such new action may be maintained by and against either of the parties to the original action or by and against a person lawfully holding...
- Massachusetts General Laws - Costs; avoidance by offer to pay increased compensation - Chapter 253, Section 23
The owner of the mill or dam may, within said month, offer in writing to the owner of the land any increase of said annual...
- Massachusetts General Laws - Costs; avoidance by offer to accept smaller compensation - Chapter 253, Section 24
The owner of the land may, within said month, offer in writing to the owner of the mill or dam to accept a smaller amount...
- Massachusetts General Laws - Offer to tenants - Chapter 253, Section 25
Such offers may be made by or to the respective tenants or occupants of the land and of the mill or dam, in like manner...
- Massachusetts General Laws - Acceptance of offer; effect - Chapter 253, Section 26
If the offer so made by either party is accepted by the other, it shall establish the annual compensation to be thereafter paid, as if...
- Massachusetts General Laws - Verdict; effect upon action for new damages - Chapter 253, Section 27
If, upon an action by the owner of the land, the jury return a verdict that he is not entitled to any annual compensation, the...
- Massachusetts General Laws - Tender; effect on costs - Chapter 253, Section 28
In every civil action brought by the owner of land alleged to be injured by a mill dam, the defendant may bring into court and...
- Massachusetts General Laws - Tender; judgment upon acceptance; costs - Chapter 253, Section 29
If the plaintiff accepts the amount so offered for the past damage and for future annual compensation, he shall have judgment therefor and for costs...
- Massachusetts General Laws - Action; joinder of parties - Chapter 253, Section 30
Two or more persons who are jointly or separately interested in the land injured may join in a civil action, and the jury may assess...
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 313 - Chapter 253, Section 31
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Reversal of judgment for plaintiff; new action; time limit - Chapter 253, Section 32
If a judgment for the plaintiff is reversed for error, the plaintiff, or any person claiming under him, may commence a new action for the...
- Massachusetts General Laws - Overflowing public ways; petition - Chapter 253, Section 33
If a person who owns, erects or maintains a water mill or a dam to raise water for working such mill upon or across a...
- Massachusetts General Laws - Notice - Chapter 253, Section 34
Notice of the hearing upon such petition shall be given to the towns where the ways are situated, and to the owners or occupants of...
- Massachusetts General Laws - Change of grade of ways; power of commissioner to order - Chapter 253, Section 35
The commissioner may, after a hearing, order such alteration, repairs or change of grade of such ways as will in his judgment enable the petitioner...
- Massachusetts General Laws - Damages; duty of commissioner to assess - Chapter 253, Section 36
The commissioner shall assess and order the petitioner to pay all damages sustained by any person or town by reason of the alterations, changes of...
- Massachusetts General Laws - Costs - Chapter 253, Section 37
The costs of proceedings under the preceding four sections shall be paid by the petitioners, who may be required by the commissioner to give bond...
- Massachusetts General Laws - Order of commissioner; compliance; exoneration from criminal liability - Chapter 253, Section 38
The order of the commissioner, duly issued under section thirty-five, shall authorize the petitioner to do all acts necessary to be done in compliance therewith;...
- Massachusetts General Laws - Dam to flow cranberry land; erection; license - Chapter 253, Section 39
An owner or lessee of land appropriated or which he desires to appropriate to the cultivation and growth of cranberries may erect and maintain a...
- Massachusetts General Laws - Expense; apportionment; appeal - Chapter 253, Section 40
If a dam has been so erected or maintained or if a person has at his own expense made, kept open or repaired any ditches...
- Massachusetts General Laws - Ice ponds; erection of dams; consent of owners; damages - Chapter 253, Section 41
An owner or lessee of land used for an ice pond may erect and, between November first and March first, maintain a dam across a...
- Massachusetts General Laws - Land flowed; compensation - Chapter 253, Section 42
A domestic reservoir corporation may flow the land of other persons by its reservoir dam, and a person whose land or property has been flowed...
- Massachusetts General Laws - Security - Chapter 253, Section 43
The court in which an action for such compensation is pending shall, if requested by the plaintiff, require such corporation to give satisfactory security for...
- Massachusetts General Laws - Definitions applicable to Secs. 44 to 48B - Chapter 253, Section 44
For the purposes of sections 44 to 48B, inclusive, the following words shall have the following meanings:— “Abandoned dam”, a dam that has no identifiable...
- Massachusetts General Laws - Dam registration form; failure to file; penalties; notice on transfer of legal title or change - Chapter 253, Section 45
The owner of any dam shall file with the commissioner on or before July 1, 2003, and before operating any dam constructed thereafter, on such...
- Massachusetts General Laws - Construction or alteration of dams; permit approval - Chapter 253, Section 45A
No person shall construct or materially alter a dam without applying for and receiving permit approval from the department. The approved permit shall be recorded...
- Massachusetts General Laws - Dam inspection form; evaluation, examination and tests; costs and penalties - Chapter 253, Section 46
The owner of any dam shall cause to be filed with the commissioner, on or before January 1, 2004, and periodically thereafter, as required by...
- Massachusetts General Laws - Dam approval; certificate of compliance - Chapter 253, Section 46A
When a dam has been deemed safe, removed, repaired or constructed pursuant to an order of the commissioner; or a dam has been evaluated, constructed,...
- Massachusetts General Laws - Unsafe or inadequate dams; action by commissioner; enforcement; regulations - Chapter 253, Section 47
(a) If the owner fails to take corrective action or fails to file an evaluation report, within the time specified in the order, as required...
- Massachusetts General Laws - Costs; lien; enforcement - Chapter 253, Section 48
The commissioner shall make such orders as he may deem just as to the payment by the owner to the commonwealth or other party of...
- Massachusetts General Laws - Dam inspection and regulation program; effectiveness report - Chapter 253, Section 48A
During each fiscal year, the department of environmental management shall prepare a report on the overall effectiveness of the dam inspection and regulation program under...
- Massachusetts General Laws - Liability of owner - Chapter 253, Section 48B
The owner of a dam shall be responsible for liability for damage to property of others or injury to persons, including but not limited to...
- Massachusetts General Laws - Acts of commissioner; effect on liability of owners - Chapter 253, Section 49
No order, approval, request or advice of the commissioner shall impair the legal duties and obligations of the owners of reservoirs, reservoir dams or mill...
- Massachusetts General Laws - Jurisdiction - Chapter 253, Section 50
The supreme judicial and the superior courts shall have jurisdiction to enforce the six preceding sections.
- Massachusetts General Laws - Roll dams; warning signs; failure to comply - Chapter 253, Section 50A
The department of environmental management shall, subject to the appropriation of funds for such purpose, erect signs in the vicinity of all roll dams owned...
- Massachusetts General Laws - Power of majority - Chapter 253, Section 51
If a mill which is owned by joint tenants or tenants in common, or the dam or appurtenances of such mill, require repairs or rebuilding...
- Massachusetts General Laws - Meeting of proprietors - Chapter 253, Section 52
One or more of the proprietors may call a meeting by a notice signed by the person or persons who call it, addressed to each...
- Massachusetts General Laws - Notice - Chapter 253, Section 53
The notice shall be served by an officer qualified to serve civil process by delivering an attested copy thereof to each proprietor, or by leaving...
- Massachusetts General Laws - Repairs and rebuilding; mills and dams - Chapter 253, Section 54
At such meeting, or at any adjournment thereof, the majority in interest of the proprietors of the mill may take measures to cause the mill...
- Massachusetts General Laws - Expense of work; apportionment - Chapter 253, Section 55
Each proprietor shall, upon demand, after the work is completed, pay to the proprietors by whom it has been advanced his just and equal part...
- Massachusetts General Laws - Lien for advancements - Chapter 253, Section 56
The proprietors who advance the money so expended shall have a lien therefor on the rents and profits of the mill and may retain so...
- Massachusetts General Laws - Guardian; powers - Chapter 253, Section 57
The guardian of a proprietor may act for him in calling or attending a meeting of the proprietors, and may there vote and do all...
- Massachusetts General Laws - Tenants and remainderman; apportionment of expenses - Chapter 253, Section 58
If part of the mill is held by a tenant for life or years, the amount due for the repairs and other expenses on that...
- Massachusetts General Laws - Mortgagor and mortgagee; apportionment of expenses - Chapter 253, Section 59
A mortgagee in possession shall be considered a proprietor for the purposes of this chapter; but if the action is brought against the mortgagor before...
- Massachusetts General Laws - Tenant in tail - Chapter 253, Section 60
A tenant in tail of a part of a mill shall, for the purposes of this chapter, be considered the proprietor thereof in fee simple.
- Massachusetts General Laws - Advancement for repairs; recovery - Chapter 253, Section 61
All amounts due from one or more proprietors to another for money advanced under this chapter may be recovered in a civil action. The amount...
- Massachusetts General Laws - Contracts; effect of this chapter - Chapter 253, Section 62
This chapter shall not affect any contract or agreement by or between the proprietors of a mill as to the repair or rebuilding thereof.
- Massachusetts General Laws - Repealed, 1931, 426, Sec. 39 - Chapter 253, Section 63 64
Repealed, 1931, 426, Sec.
Last modified: September 11, 2015