Massachusetts General Laws
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.

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