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 dam upon and across a stream to flow and irrigate said land, subject to this chapter so far as applicable; but he shall not erect and maintain a dam across a navigable stream or across the outlet of a great pond, without a license therefor from the department of environmental management.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Chapter 253 - Mills, Dams and Reservoirs
Section 2 - Dams; Injury to Existing Mill; Prohibition
Section 4 - Overflow or Injury to Land; Action for Compensation; Limitation; Venue
Section 8 - Assessment of Damages
Section 9 - Height of Dam; Determination by Jury
Section 10 - Annual and Gross Damages; Assessment by Jury
Section 11 - Plaintiff; Right to Elect Gross Amount
Section 12 - Gross Amount; Time for Payment
Section 13 - Annual Compensation
Section 14 - Damages; Lien on Mill
Section 15 - Recovery of Damages; Enforcement of Lien
Section 16 - Sale on Execution
Section 20 - Existing Mills and Dams; Effect of This Chapter
Section 21 - Reassessment; New Action
Section 22 - Reassessment; Parties; Time
Section 23 - Costs; Avoidance by Offer to Pay Increased Compensation
Section 24 - Costs; Avoidance by Offer to Accept Smaller Compensation
Section 26 - Acceptance of Offer; Effect
Section 27 - Verdict; Effect Upon Action for New Damages
Section 28 - Tender; Effect on Costs
Section 29 - Tender; Judgment Upon Acceptance; Costs
Section 30 - Action; Joinder of Parties
Section 32 - Reversal of Judgment for Plaintiff; New Action; Time Limit
Section 33 - Overflowing Public Ways; Petition
Section 35 - Change of Grade of Ways; Power of Commissioner to Order
Section 36 - Damages; Duty of Commissioner to Assess
Section 38 - Order of Commissioner; Compliance; Exoneration From Criminal Liability
Section 39 - Dam to Flow Cranberry Land; Erection; License
Section 40 - Expense; Apportionment; Appeal
Section 41 - Ice Ponds; Erection of Dams; Consent of Owners; Damages
Section 42 - Land Flowed; Compensation
Section 44 - Definitions Applicable to Secs. 44 to 48b
Section 45a - Construction or Alteration of Dams; Permit Approval
Section 46 - Dam Inspection Form; Evaluation, Examination and Tests; Costs and Penalties
Section 46a - Dam Approval; Certificate of Compliance
Section 47 - Unsafe or Inadequate Dams; Action by Commissioner; Enforcement; Regulations
Section 48 - Costs; Lien; Enforcement
Section 48a - Dam Inspection and Regulation Program; Effectiveness Report
Section 48b - Liability of Owner
Section 49 - Acts of Commissioner; Effect on Liability of Owners
Section 50a - Roll Dams; Warning Signs; Failure to Comply
Section 51 - Power of Majority
Section 52 - Meeting of Proprietors
Section 54 - Repairs and Rebuilding; Mills and Dams
Section 55 - Expense of Work; Apportionment
Section 56 - Lien for Advancements
Section 58 - Tenants and Remainderman; Apportionment of Expenses
Section 59 - Mortgagor and Mortgagee; Apportionment of Expenses