Massachusetts General Laws - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon - Chapter 82, Section 1 - Massachusetts Attorney Resources

Massachusetts General Laws - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon - Chapter 82, Section 1

Jurisdiction; notice; hearings.

Section 1. County commissioners within their respective counties may lay out, alter, relocate and discontinue highways and order specific repairs thereon in the manner herein provided, unless other provision is made by law. Sections one to thirteen, inclusive, shall apply to city councils or aldermen when authorized by city charters to lay out, alter, relocate and discontinue highways and to order specific repairs thereon, so far as applicable, and any hearing under any provision of said sections required to be held before a city council or board of aldermen so authorized may be held before a duly authorized committee thereof.

Notwithstanding any other provision of this chapter, no municipality shall layout, alter, relocate, or discontinue an existing way at its point of connection, or within five hundred yards of its point of connection, with an adjoining municipality which excludes motor vehicle traffic from the way until and unless (a) the city, town or county initiating such layout, alteration, relocation or discontinuance gives written notice of such action to the chief executive officer of abutting city, town, or county into which the said way extends, and (b) a public hearing is held by the city, town or county initiating such layout, alteration, relocation or discontinuance, public notice of which must be published for each of the two weeks preceding such hearing in a newspaper of general circulation in the abutting city, town or county into which the said way extends, and (c) the chief executive officer of such abutting city, town or county concurs in writing, in such layout, alteration, relocation or discontinuance. If within ninety days of the date of such hearing required by this section there is no concurrence by the abutting city, town or county into which the said way extends, the initiating city, town or county may make a written request to the commissioner of the state department of highways to approve of the said layout, alteration, relocation or discontinuance. If the said commissioner so approves, the said layout, alteration, relocation or discontinuance shall take effect and be valid without the concurrence of the abutting city, town or county into which the said way extends.

A city or town may, without complying with the foregoing provisions of this section, exercise the authority granted to it by section thirty-two A.

Last modified: March 27, 2006