Massachusetts General Laws

Mass. Gen. Laws ch. 45, § 3 (2026)

Acquisition of property for parks

✓ current as of July 2026

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Section 3. Any such board may locate public parks within its city or town and for that purpose may take in fee by eminent domain under chapter seventy-nine or by purchase, gift, devise or otherwise, land which it considers desirable therefor, or may take bonds for the conveyance thereof to its city or town, but any such taking by eminent domain or by purchase shall be subject to the provisions of section fourteen of chapter forty. A city or town may take and hold in trust or otherwise any grant, gift, bequest or devise, made for the purpose of laying out or improving any parks therein.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1963–2023 · leading case: MacGibbon v. Bd. of Appeals of Duxbury, 255 N.E.2d 347 (Mass. 1970).

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MacGibbon v. Bd. of Appeals of Duxbury, 255 N.E.2d 347 (Mass. 1970). “3 The following are some of the alternatives available to the town: (a) the acquisition of land for a public park under G. L. c. 45, § 3, or for a public playground under G.”

Murphy v. Plan. Bd., 874 N.E.2d 455 (Mass. App. Ct. 2007). “…in the arena of subdivision control (G. L. c. 41, § 81K, et seq.).” See G. L. c. 40A, § 9; G. L. c. 41, §§ 81B-81GG; G. L. c. 45, §§ 3, 5; G. L. c. 121B, §§ 48, 50. The judge noted that in executing its “distinct but closely related function” of reviewing and approving…”

Dunphy v. Commonwealth, 331 N.E.2d 883 (Mass. 1975). “See G. L. c. 45, §§ 3 and 7. The judge apears to have based his decision on the assumption that the language in the grantor’s deed to the town to the effect that the land conveyed was “to be kept and used as a Public Park in perpetuity for the public good” constituted a…”

Kaczmarski v. Mayor of Springfield, 193 N.E.2d 574 (Mass. 1963). “” G. L. c. 45, § 3. Even if the park board had an unusual relationship to the structure of municipal government it could, nevertheless, be a municipal board in im *434 portant aspects.”

Codex Corp. v. Metro. Dist. Comm'n, 392 Mass. 245 (Mass. 1984). “Thus, a town which had not elected a board of park *253 commissioners could nonetheless acquire land for public parks, G. L. c. 45, § 3, connect public parks with other sections of the town, G.”

Grafton & Upton R.R. Co. v. Town of Hopedale (D. Mass. 2023). “40, §§ 8C, 14, Mass. Gen. Laws ch. 45, §§ 3 , 19, and Massachusetts’ prior public use doctrine.”

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