Massachusetts General Laws
Mass. Gen. Laws ch. 164, § 87 (2026)
Consent of municipality to entry of another electric company
✓ current as of July 2026
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Section 87. In a town where a person is engaged in the manufacture, sale or distribution of electricity, no other person shall lay, erect, maintain or use, over or under the streets, lanes and highways of such town, any wires for the transmission of electricity except wires used by street railway companies for heat or power, without the consent of the aldermen or selectmen granted after notice to all parties interested and a public hearing.
Notes of Decisions
Cited in 2
cases, 1977–2009 · leading case: Boston Edison Co. v. Boston Redevelopment Auth., 371 N.E.2d 728 (Mass. 1977).
Boston Edison Co. v. Boston Redevelopment Auth., 371 N.E.2d 728 (Mass. 1977). “rests on the assertion that since the draft contract between MASCO and the city of Boston obligates the city to grant various permits which may be required in connection with the proposed plan, approval of the plan as a project would result in the circumvention of the carefully…”
Town of Barnstable v. Massachusetts Energy Facilities Siting Bd., 25 Mass. L. Rptr. 375 (Mass. Super. Ct. 2009). “In its application to EFSB, Cape Wind seeks a Certificate for the Cable Project which includes DRI approval as well as approval from the Town for road-opening permits under G.L.c. 164, §87 and G.L.c. 166, §21; a state highway opening permit under G.”
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