Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 70 (2026)

Opening of streets by gas company; liability; repairing streets

✓ current as of July 2026

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Section 70. A gas company may, with the written consent of the aldermen or the selectmen, dig up and open the ground in any of the streets, lanes and highways of a town, so far as necessary to accomplish the objects of said corporation; but such consent shall not affect the right or remedy to recover damages for an injury caused to persons or property by the acts of such corporation. It shall put all such streets, lanes and highways in as good repair as they were in when opened; and upon failure so to do within a reasonable time, shall be guilty of a nuisance.

Notes of Decisions

Cited in 6 cases, 1994–2014 · leading case: Boston Gas Co. v. City of Newton, 682 N.E.2d 1336 (Mass. 1997).

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Boston Gas Co. v. City of Newton, 682 N.E.2d 1336 (Mass. 1997). · cites it 7× “See G. L. c. 164, § 70. Therefore, imposing a cost on the plaintiff based on the reduction in street fife caused by the excavation is inconsistent with the statute.”

Boston Gas Co. v. City of Somerville, 652 N.E.2d 132 (Mass. 1995). “4 Moreover, under the ordinance, the plaintiff’s responsibility for the excavation site continues for three years beyond the final infrared treatment, even though G.”

Filepp v. Boston Gas Co., 4 N.E.3d 1282 (Mass. App. Ct. 2014). “” Under G. L. c. 164, § 70, Boston Gas is authorized (after obtaining consent from the municipality) to “dig up and open the ground in any of the streets, lanes and highways of a town, so far as necessary to accomplish [its objects],” provided that it thereafter *902 “shall put…”

Colonial Gas Co. v. Town of Wilmington, 9 Mass. L. Rptr. 23 (Mass. Super. Ct. 1998). · cites it 11× “5, §§6(f) and 6(g) (“By-Laws”) violate G.L.c. 164, §70. After reviewing the pleadings in this matter, Colonial’s motion for judgment on the pleadings is ALLOWED as to Counts I, II, III and V and is DENIED as to Count VI.”

Boston Gas Co. v. City of Somerville, 2 Mass. L. Rptr. 347 (Mass. Super. Ct. 1994). · cites it 7× “Specifically, Boston Gas asserts that the provisions of the Ordinance conflict with G.L.c. 164, §§70 and 105A; 220 Code Mass.”

Boston Gas Co. v. City of Newton, 3 Mass. L. Rptr. 58 (Mass. Super. Ct. 1994). “The court further found that Ordinance No T-161 did not frustrate the legislative intent of either G.L.c. 164, §70, which defines the full extent of the gas company’s responsibility for street opening repairs; G.”

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