Section 16. Every authority or license granted since eighteen hundred and sixty-eight by the general court or by the department or its predecessors to any person to build or extend a wharf or other structure upon, or to drive piles in, or to fill or otherwise occupy, land in tide or navigable water, within Boston harbor, or within the port of Boston as defined by the provisions of section two of chapter ninety-one A, which is revocable at the discretion of the general court, and every other similar right or privilege within Boston harbor or within the port of Boston as defined by the provisions of section two of chapter ninety-one A which is so revocable, whether or not compensation has been paid under any provision of law or otherwise, shall hereafter cease and determine, or be subject to forfeiture, in case of non-use of the same for an unreasonable time without reasonable cause, and it shall be prima facie evidence that the same is held unused in restraint of trade when the tendency of such non-use is to prevent competition in its broad and general sense, unless such person has, prior to July twenty-eighth, nineteen hundred and twelve, made reasonable and substantial use of structures, or has reasonably and substantially occupied land in tide or navigable waters, for the purposes for which the authority or license was granted; and thereupon, every such authority or license and every similar right and privilege shall cease and determine on repayment, or tender of repayment, by the commonwealth or compensation therefor to the amount which shall have been paid to the commonwealth in accordance with the terms of such authority or license; and the department and the attorney general shall cause a proper certificate of the revocation of such authority or license to be recorded forthwith in the registry of deeds for the county where such structure was built or work done.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 2 - Duties of Public Works Department Relative to Commonwealth Lands
Section 3 - Powers as to Boston Harbor
Section 4 - Improvement of Boston Harbor; Access to Piers, Railroads, Etc.
Section 5 - Power to Take or Purchase Real Property
Section 6 - Power to Lease Piers, etc.; Port of Boston Fund
Section 7 - Piers, etc.; Freight Loading Equipment; Rules and Regulations
Section 8 - Acquisition of Apple Island and Shore Lands
Section 9 - Utilization Plans for Acquired Property
Section 10 - Powers and Duties Relative to Harbors, Etc.
Section 10c - Docking of Commercial Vessels; Permits; Applications; Appeal
Section 10d - Scuba Divers and Skin Divers; Access to Commonwealth Tidelands
Section 11 - Improvement and Preservation of Rivers, Streams, Harbors, Etc.
Section 12 - License for Structures in Connecticut, Westfield and Merrimack Rivers
Section 13 - Licenses for Booms in Connecticut River and Structures in Great Ponds
Section 15 - Revocation and Expiration of Authority or License; Exception; Mortgageable Interest
Section 16 - Cessation, Determination of Authority or License for Non-Use
Section 17 - Construction of Licenses; Approval
Section 18 - Application for License; Notice; Hearings; Records
Section 18a - Public Access to Great Ponds; Petition
Section 19 - Restriction on Structures in Great Ponds
Section 19a - Lowering Waters of Great Ponds; Penalty
Section 20 - Supervision by Department of Erections Under Legislative Grants
Section 21 - Compensation for Displacement of Tidewater
Section 22 - Compensation When Title to Land Is in Commonwealth
Section 23 - Unauthorized Work in Public Waters; Public Nuisances
Section 24 - Money Paid Into General Fund
Section 25 - Supervision of Province Lands
Section 26 - Exemption of Portion of Province Lands From Certain Provisions of Law
Section 27 - Bounds of Province Lands; Regulations
Section 28 - Unlawful Existing Structures
Section 30 - Removal of Gravel, Sand, Stones, Etc. From Beaches; Notice; Penalty
Section 31 - Surveys and Improvements for Preservation of Harbors
Section 32 - Survey of Connecticut River
Section 33 - Improvement of Topographical Survey of Commonwealth; Sale of Maps
Section 34 - Establishment of Harbor Lines
Section 35 - Great Ponds; Definition
Section 36 - Applications to Congress for Appropriations for Harbors
Section 37 - Enforcement of Stipulations in Deeds From Commonwealth
Section 38 - Definitions Applicable to Secs. 38 to 48
Section 39 - Willful Abandonment of Vessel on Public Lands or Shores of the Commonwealth
Section 41 - Failure of Owner or Lienholder to Claim Vessel; Application for Title by Claimant
Section 42 - Granting of Title to Claimant
Section 43 - Removal, Destruction or Sale of Vessel by Claimant After Receipt of Title
Section 43a - Removal of Obstructing Vessel by Department; Department as Claimant
Section 43b - Penalty for Willful Abandonment of Vessel; Exceptions
Section 43c - Fraudulent Claim to Abandoned Vessel; Penalty
Section 43d - Rules and Regulations Relating to Secs. 38 to 43c
Section 44 - Liability of Insurer
Section 45 - Application to Federal Government for Reimbursement
Section 46 - License for Breaking Up and Disposing of Floating Structures
Section 46a - Violations of Sec. 46; Penalty
Section 47 - Application for License; Issuance; Conditions; Bond
Section 48 - Failure to Comply With Terms of License; Completion of Work by Department
Section 49a - Removal of Whales or Other Mammals From Tidewaters
Section 51 - Impairment of Right or Authority Derived From Federal Government
Section 54 - Dumping; Notice; Inspector; Cost of Supervision
Section 55 - Penalty for Violating Secs. 52 to 54
Section 56 - Application of Secs. 52 to 55 to Federal Government and Its Agents
Section 57 - Jurisdiction of Supreme Judicial Court
Section 58 - Arrest Without Warrant
Section 59a - Tort Liability for Discharge or Deposit of Crude Petroleum or Products; Double Damages