Massachusetts General Laws
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.

Structure Massachusetts General Laws

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 1 - Jurisdiction; Notice; Hearings

Section 2 - Petition; Recognizance

Section 3 - Notice of Proposed Taking and View or Hearing; Publication

Section 4 - View of Premises; Adjudication

Section 5 - Procedure on Objections to Proposal

Section 6 - Changes Between Termini; Establishment of Building Lines

Section 7 - Taking Land or Easement by Eminent Domain; Damages

Section 8 - Construction Requirements; Payment of Expenses

Section 9 - Culverts and Cattle Passes

Section 10 - Specific Repair of Ways

Section 11 - Relocation

Section 11a - Entry Upon Private Lands for Purpose of Reconnaissances, Surveys, Soundings, Inspections and Examinations

Section 12 - Payment of Damages and Costs of Construction

Section 13 - Payment of Expenses of Rejected Petitions

Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners

Section 15 - Remedy Against Delinquent Municipalities

Section 16 - Payment of County's Share of Expense

Section 17 - Jurisdiction

Section 18 - Notice to County Commissioners of Final Action on Petitions

Section 19 - Appeal to County Commissioners

Section 20 - Applicability to Railroad Crossings

Section 21 - Authority to Lay Out Ways

Section 22 - Notice of Intention

Section 23 - Filing and Acceptance of Plan

Section 24 - Taking by Eminent Domain; Damages

Section 25 - Sewers and Pipes

Section 28 - Completion of Way by County Commissioners

Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners

Section 30 - Discontinuance by Commissioners

Section 31 - Costs for Hearing Petitions; Recognizance

Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation

Section 32a - Abandonment of Municipal Ways

Section 32b - Taking Slope Easement to Protect Ways

Section 32c - Easements for Erection of Snow Fences

Section 33 - Footways

Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars

Section 35 - Bicycle Paths

Section 35a - Laws Relative to Public Ways; Definition

Section 36 - Penalty for Misuse of Bicycle Paths

Section 37 - Building Lines

Section 38 - Acquisition of Land for Road Materials

Section 39 - Commencement of Proceedings

Section 40 - Definitions Applicable to Secs. 40a to 40e

Section 40a - Excavations; Notice

Section 40b - Designation of Location of Underground Facilities

Section 40c - Excavator's Responsibility to Maintain Designation Markings; Damage Caused by Excavator

Section 40d - Local Laws Requiring Excavation Permits; Public Ways

Section 40e - Violations of Secs. 40a to 40e; Punishment