Mass. Gen. Laws » Part I Title XXII Chapter 161
Massachusetts General Laws

Mass. Gen. Laws ch. 161, § 38 (2026)

Time to begin operation; extension

✓ current as of July 2026
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Section 38. A company, incorporated under the laws of the commonwealth, may, subject to this chapter and chapter one hundred and fifty-nine, construct, maintain and operate a street railway, but, if such company does not build and put in operation its railway within eighteen months after the date of its certificate of incorporation, its corporate powers shall cease, unless the department, after public notice and a hearing, shall extend said time by a certificate, stating that in its judgment due diligence has been exercised by the company, and that public necessity and convenience required such extension.

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: Chickel v. Massachusetts Bay Transp. Auth., 2001 Mass. App. Div. 241 (Mass. Dist. Ct., App. Div. 2001).
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Chickel v. Massachusetts Bay Transp. Auth., 2001 Mass. App. Div. 241 (Mass. Dist. Ct., App. Div. 2001). “The pertinent language of G.L.c. 161, §38 is as follows: The [MBTA] shall be liable in tort to passengers, and to persons in the exercise of due care who are not passengers or in the employment of the [MBTA], for personal injury or for death and for damages to property in the…”
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