Massachusetts General Laws
Mass. Gen. Laws ch. 41, § 64 (2026)
Road commissioners; powers and duties
✓ current as of July 2026
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Section 64. If road commissioners be chosen, they shall exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and surveyors of highways relative to public ways, monuments at the termini and angles thereof, guide posts, sidewalks and shade trees, and, if sewer commissioners be not chosen, relative to sewers and drains.
Notes of Decisions
Cited in 3
cases, 1929–1979 · leading case: Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979).
Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979). “t of a board of public works exercising the powers of certain other departments and town officers be accepted?” Under the statutory provisions thus accepted, particularly § 69D, the board of public works, consisting of three elected officials serving three-year terms, is a…”
Wood v. Inhabitants of Concord, 167 N.E. 311 (Mass. 1929). “344, Part 4, § 12; now G. L. c. 41, § 64. Road commissioners, in performing the duties imposed upon them by the statutes or for the general welfare, act as public officers and not as agents of the town.”
Shea v. Town of Lexington, 290 Mass. 356 (Mass. 1935). “It is assumed that such acceptance was before the work was done on Oak Street. Road commissioners, when chosen, “shall exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and surveyors I of highways relative to public ways…”
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