Massachusetts General Laws

Mass. Gen. Laws ch. 161A, § 2 (2026)

Creation of authority; powers; liability for debts and obligations; service of process

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 2. The area constituting the authority and the inhabitants thereof are hereby made a body politic and corporate, and a political subdivision of the commonwealth, under the name of Massachusetts Bay Transportation Authority. The authority shall have power to hold property, to sue and be sued in law and equity and to prosecute and defend all actions relating to its property and affairs. The authority shall be liable for its debts and obligations, but the property of the authority shall not be subject to attachment nor levied upon by execution or otherwise. Process may be served upon the treasurer of the authority or, in the absence of the treasurer, upon any member of the board.

Notes of Decisions

Cited in 35 cases (2 in the last 5 years), 1969–2022 · leading case: Craig Harrison & Another v. Massachusetts Bay Transp. Auth.., 101 Mass. App. Ct. 659 (Mass. App. Ct. 2022).

Sort: Relevance Newest Treatment

Craig Harrison & Another v. Massachusetts Bay Transp. Auth.., 101 Mass. App. Ct. 659 (Mass. App. Ct. 2022). · cites it 6× “"Sue-and-be-sued" clause of G. L. c. 161A, § 2. The plaintiffs next argue that G.”

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transp. Auth., 95 N.E.3d 547 (Mass. 2018). “2d 346 (1965) ; G. L. c. 161A, § 2, we construe the reported question as applying to the MBTA.”

Appley v. Locke, 487 N.E.2d 501 (Mass. 1986). · cites it 3× ““The MBTA is a ‘body politic and corporate and a political subdivision of the commonwealth’ consisting of ‘[t]he territory within and the inhabitants of ’ seventy-eight municipalities of greater Boston and any other city or town contiguous to the area of the seventy-eight…”

Lopez v. Massachusetts, 588 F.3d 69 (1st Cir. 2009). “Mass. Gen. Laws ch. 161A, § 2 defines the MBTA as "a political subdivision of the commonwealth;” under § 3(d), its powers include the authority “to appoint and employ officers .”

Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57 (Mass. 2006). “Contrast G. L. c. 161A, § 2 (Massachusetts Bay Transportation Authority is “a body politic and corporate, and a political *63 subdivision of the commonwealth”); G.”

Smith v. Massachusetts Bay Transp. Auth., 968 N.E.2d 884 (Mass. 2012). “Under the doctrine of sovereign immunity, therefore, the MBTA is not amenable to suit without the Commonwealth’s express consent.”

Okongwu v. Stephens, 488 N.E.2d 765 (Mass. 1986). · cites it 2× “G. L. c. 161A, §§ 2, 3, 4 (b), 5, 23 (1984 ed.”

City of Boston v. Massachusetts Bay Transp. Auth., 370 N.E.2d 1359 (Mass. 1977). “” G. L. c. 161A, § 2, inserted by St. 1964, c.”

Daveiga v. Boston Pub. Health Comm'n, 869 N.E.2d 586 (Mass. 2007). “This precise language appears *438 in the enabling acts of only a select few governmental bodies, such as the Massachusetts Bay Transportation Authority (MBTA), G. L. c. 161A, § 2; the various regional transit authorities, G.”

Massachusetts Bay Transp. Auth. v. Auditor of the Commonwealth, 724 N.E.2d 288 (Mass. 2000). “See G. L. c. 161A, § 2. “Agencies, which are creations of the State, may not challenge the constitutionality of State statutes.”

Bibbo v. Mulhern, 621 F. Supp. 1018 (D. Mass. 1985). “See Mass.Gen. Laws ch. 161A § 2. 8 . In addition, Selectmen Dalton's affidavit represents that he was not elected until after the events in question here.”

Kargman v. Boston Water & Sewer Comm'n, 463 N.E.2d 350 (Mass. App. Ct. 1984). “See G. L. c. 161A, §§ 2, 3 (MBTA); St. 1956, c.”

Show all 35 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.