Massachusetts General Laws

Mass. Gen. Laws ch. 166, § 21 (2026)

Location of construction of electric transmission lines

✓ current as of July 2026

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Section 21. A company incorporated for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, or for the transmission of television signals, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the construction and operation of a street railway or an electric railroad, may, under this chapter, construct lines for such transmission upon, along, under and across the public ways and, subject to chapter ninety-one, across and under any waters in the commonwealth, by the erection or construction of the poles, piers, abutments, conduits and other fixtures, except bridges, which may be necessary to sustain or protect the wires of its lines; but such company shall not incommode the public use of public ways or endanger or interrupt navigation. This section shall apply to a company incorporated under the laws of another state for the transmission of intelligence by electricity or by telephone, or television, whether by electricity or otherwise, and which is engaged in interstate commerce within the commonwealth. This section shall apply to a municipal lighting plant or cooperative that operates a telecommunications system outside the limits of its service territory pursuant to section 47E of chapter 164, but only for construction that is outside its service territory.

Notes of Decisions

Cited in 16 cases, 1933–2009 · leading case: Cablevision of Boston, Inc. v. Pub. Improvement Comm'n of the City of Boston, 184 F.3d 88 (1st Cir. 1999).

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Cablevision of Boston, Inc. v. Pub. Improvement Comm'n of the City of Boston, 184 F.3d 88 (1st Cir. 1999). · cites it 3× “State law permits them to do so, see Mass. Gen. Laws ch. 166, § 21 , but requires them to first obtain a grant of location from the appropriate municipal authority, see id.”

Boston Edison Co. v. Bd. of Selectmen of Concord, 242 N.E.2d 868 (Mass. 1968). · cites it 3× “The issues before us are, first, whether certiorari is available to correct the action of the respective boards of selectmen in their refusal to grant Edison permission to cross public ways and, second, if certiorari is available to Edison whether there was sufficient evidence…”

Casey v. Massachusetts Elec. Co., 467 N.E.2d 1358 (Mass. 1984). · cites it 2× “If the company neglects or refuses to cut, disconnect or remove wires, as hereinbefore provided, the inspector of wires, or the selectmen of a town having no such inspector, may cause the same to be cut, disconnected or removed, and the city or town may recover of the company in…”

Boston Edison Co. v. Town of Sudbury, 253 N.E.2d 850 (Mass. 1969). · cites it 8× “No wires, forming part of the proposed line, have been installed over or under any public ways (mentioned later in part 3 of this opinion) in Framingham and Wayland as to which Edison has no presently existing rights of record under G. L. c. 166, §§ 21, 22, or 28, or over or…”

Gillis v. Mass. Cablevision, Inc., 340 N.E.2d 872 (Mass. 1976). · cites it 4× “He further ruled that G.L.c. 166, §§ 21 and 25, merely authorize permits for laying lines under and across public ways and places, and the establishment of regulations for the erection and maintenance of such lines.”

Afarian v. Massachusetts Elec. Co., 449 Mass. 257 (Mass. 2007). “We decline to consider the plaintiffs’ argument relying on G. L. c. 166, § 21, which provides that utility companies “shall not incommode the public use of public ways” when installing utility poles.”

Greater Worcester Cablevision, Inc. v. Carabetta Enter., Inc., 682 F. Supp. 1244 (D. Mass. 1985). “Telephone and telegraph companies are authorized to use public ways and to build transmission lines, including poles, conduits and wires, Mass.Gen.Laws Ann. ch. 166, § 21, but adjoining landowners along a public way are expressly entitled to pursue damages for any taking that…”

New England Power Co. v. Bd. of Selectmen, 449 N.E.2d 648 (Mass. 1983). “By virtue of G. L. c. 166, § 21, as amended through St.”

Simon v. State Examiners of Electricians, 18 Mass. App. Ct. 17 (Mass. App. Ct. 1984). · cites it 2× “See also G. L. c. 166, §§ 21, 22A, and 25. Nor is there anything in G.”

Bd. of Assessors of Holyoke v. State Tax Comm'n, 244 N.E.2d 287 (Mass. 1969). “…be placed on the same poles. 15 The power granted was subject to R. L. c. 122, §§ 1-5, and c. 121, §§ 26, 27; see now G. L. c. 166, §§ 21, 22, 29; c. 164, §§ 87-88. Chapter 122, § 1, gave certain companies authority “under the provisions of the following sections” to…”

Town of Sudbury v. Dep't of Pub. Utils., 179 N.E.2d 263 (Mass. 1962). “See G. L. c. 166, § 21 (as amended through St.”

Greater Boston Real Est. Bd. v. Dep't of Telecomm. & Energy, 438 Mass. 197 (Mass. 2002). “” See G. L. c. 166, § 21, inserted by St. 1849, c.”

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