Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 79F (2026)

Proof of public way

✓ current as of July 2026

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Section 79F. A certificate by the secretary of the public works commission in the case of a state highway, or the secretary of the metropolitan district commission in the case of a highway under the control of said commission, or by a city or town clerk in the case of a city or town way, that a particular way is a public way as a matter of record shall be admissible as prima facie evidence that such a way is a public way.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1968–2024 · leading case: Commonwealth v. Hayden, 242 N.E.2d 431 (Mass. 1968).

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Commonwealth v. Hayden, 242 N.E.2d 431 (Mass. 1968). · cites it 4× “Under G. L. c. 233, § 79F, as amended through St.”

Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “( a ); G.L.c. 233, § 79F. *705 The planning board filed with the clerk a letter stating that the plan constituted a subdivision which required approval.”

Commonwealth v. Hazelton, 413 N.E.2d 1144 (Mass. App. Ct. 1980). “While the three documents offered by the Commonwealth to prove that the street upon which the defendant was operating his motor vehicle was a public way or a place to which the public had a right of access may not have been those stated to be admissible as prima facie evidence…”

Matulewicz v. Plan. Bd., 438 Mass. 37 (Mass. 2002). “Giving prima facie evidential weight to the certificate is consistent with G. L. c. 233, § 79F, which provides that “[a] certificate .”

Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “(a); G. L. c. 233, § 79F. *705 The planning board filed with the clerk a letter stating that the plan constituted a subdivision which required approval.”

Commonwealth v. Michael John Hollister. (Mass. App. Ct. 2024). · cites it 2× “233, § 79F, which states in relevant part that a "certificate" indicating "that a particular way is a public way as a matter of record shall be admissible as prima facie evidence that such a way is a public way." However, as the defendant also notes, in lieu of utilizing the…”

Aydlett v. City of Boston, 1982 Mass. App. Div. 37 (Mass. Dist. Ct., App. Div. 1982). “One method is by offering official certificates of the Clerk of the City of Boston as provided in M.G.L.c. 233, §79F. Another method for such proof as provided for in that section is the use of testimonial evidence as to the appearance of the way.”

Commonwealth v. Guardado (Mass. 2023). “185C, § 21 (report of inspector in housing court); G. L. c. 233, § 79F (certificate of public way); G.”

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