Mass. Gen. Laws » Part I Title XXII Chapter 160
Massachusetts General Laws

Mass. Gen. Laws ch. 160, § 128 (2026)

Abandonment of passenger station

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 128. A railroad corporation which has established and maintained a passenger station throughout the year for five consecutive years at any point upon its railroad shall not abandon such station, unless it is relocated under the following section, nor substantially diminish the accommodation furnished by the stopping of trains thereat as compared with that furnished at other stations on the same railroad, except with the written approval of the department after notice posted in and on said station for a period of thirty days immediately preceding a public hearing thereon.

Notes of Decisions
Cited in 3 cases, 1960–1993 · leading case: Town of Wilmington v. Dep't of Pub. Utils., 165 N.E.2d 99 (Mass. 1960).
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Town of Wilmington v. Dep't of Pub. Utils., 165 N.E.2d 99 (Mass. 1960). “We summarize the petition as follows: On December 5, 1958, the railroad filed a petition with the department which, among other things, asked for its approval, under G. L. c. 160, §§ 128, 128A, and 129, to discontinue all passenger service at the North Wilmington station on the…”
KES Brockton, Inc. v. Dep't of Pub. Utils., 416 Mass. 158 (1993). “30A, § 1 (1), because G. L. c. 160, §§ 128 and 128A, provided that “legal rights .”
Oak's Oil Serv., Inc. v. Massachusetts Bay Transp. Auth., 447 N.E.2d 27 (Mass. App. Ct. 1983). “Such an easement could, of course, be passed on to a successor, including the MBTA, even if the latter, as a public authority, might not itself be subject to the mandate of G. L. c. 160, § 128. Apart from the statute, the deed from the B&M to Morse used language apt for the…”
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