Mass. Gen. Laws » Part I Title VII Chapter 40
Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 42G (2026)

Distribution of water; payment of costs by special assessment

✓ current as of July 2026
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Section 42G. Any city, town or district having a water supply or water distributing system which, in the case of a city or town, accepts this section and the two following sections in cities other than Plan E cities by vote of the city council subject to the city charter, or Plan E cities by vote of the city council, in towns or districts by vote of its inhabitants at an annual town or district meeting called therefor, may provide by ordinance, by-law or vote for the levy of special assessments to meet the whole or part of the cost thereafter incurred of laying pipes in public and private ways for the conveyance or distribution of water to its inhabitants. Such city, town or district may provide that an owner of land which receives benefit from the laying of water pipes in public and private ways upon which his land abuts or which by more remote means receives benefit through the supply of water to his land or buildings shall pay a proportionate part of the cost not already assessed of extending such water supply to his land.

The amount to be charged against each parcel of land receiving such benefit shall include the cost of the pipes and other material and of the labor in laying them and other expenses incidental thereto and shall be ascertained, assessed and certified by the water commissioners or the other officers in charge of the supply and distribution of water in such city, town or district.

Notes of Decisions
Cited in 5 cases, 1970–2018 · leading case: Ninety Six, LLC v. Wareham Fire Dist., 94 N.E.3d 397 (Mass. App. Ct. 2017).
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Ninety Six, LLC v. Wareham Fire Dist., 94 N.E.3d 397 (Mass. App. Ct. 2017). · cites it 4× “40A; (2) that the enabling statute, G. L. c. 40, § 42G, prohibited the district from assessing betterments on land that has *752 no frontage on the ways in which the new water mains will be installed; and (3) that the assessments were unreasonable and disproportionate.”
Morton v. Town of Hanover, 682 N.E.2d 889 (Mass. App. Ct. 1997). “We observe that the determination of the value of a benefit to particular land as required in c.”
C&S Wholesale Grocers, Inc. v. City of Westfield, 766 N.E.2d 63 (Mass. 2002). “40, § 39J (power to charge user fees for water and sewer service); G. L. c. 40, §§ 42G, 42K (power to levy special assessments for water distribution and betterments); G.”
Henry B. Byors & Sons, Inc. v. Bd. of Water Commissioners of Northborough, 264 N.E.2d 657 (Mass. 1970). “1882, G. L. c. 40, § 42G, and G. L. c. 41, § 69B.”
Ninety Six, LLC v. Wareham Fire Dist. (Mass. App. Ct. 2018). · cites it 2× “G. L. c. 40, § 42G. Turning to the plaintiff's next argument, we have little trouble concluding that G.”
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