Massachusetts General Laws

Mass. Gen. Laws ch. 45, § 7 (2026)

Erection of buildings in parks

✓ current as of July 2026

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Section 7. Land taken for or held as a park under this chapter shall be forever kept open and maintained as a public park, and no building which exceeds six hundred square feet in area on the ground shall be erected on a common or park dedicated to the use of the public without leave of the general court; but, except in parks in Boston and in parks comprising less than one hundred acres in extent, structures for shelter, refreshment and other purposes may be erected of such material and in such places as, in the opinion of the fire commissioners, if any, do not endanger buildings beyond the limits of such park. The superior court shall have jurisdiction in equity, upon petition of not less than ten taxable inhabitants of the city or town in which such common or park is located, to restrain the erection of a building on a common or park in violation of this section.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1975–2023 · leading case: Pratt v. City of Boston, 483 N.E.2d 812 (Mass. 1985).

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Pratt v. City of Boston, 483 N.E.2d 812 (Mass. 1985). · cites it 19× “G.L.c. 45, § 7. We hold that the stage at issue is not a building within the meaning of G.”

Pheasant Ridge Assocs. Ltd. P'ship v. Town of Burlington, 506 N.E.2d 1152 (Mass. 1987). “See G. L. c. 45, § 7 (1984 ed.); Foster v. Worcester, 164 Mass.”

Commonwealth v. Anderson, 651 N.E.2d 1237 (Mass. App. Ct. 1995). “37, 47 (1985), the court ruled that a concert stage with an awning type roof and an adjoining covered platform was not a building within the meaning of G. L. c. 45, § 7. Referring to the earlier cases, the court held that “[t]he word ‘building’ cannot be held to include every…”

Chase v. Plan. Bd. of Watertown, 350 N.E.2d 470 (Mass. App. Ct. 1976). “44, § 59 (compliance by treasurers, collectors, and assessors with various financial requirements); G. L. c. 45, § 7 (erection of buildings on park land); G.”

Salem Sound Dev. Corp. v. City of Salem, 528 N.E.2d 504 (Mass. App. Ct. 1988). “The amendment made in council was not, in our view, without substance.”

Dunphy v. Commonwealth, 331 N.E.2d 883 (Mass. 1975). “*382 The decisive issue in this case is whether the town (a) obtained and held title to the land in question as the unconditional owner thereof in fee simple, subject to G. L. c. 45, § 7, to the effect that “ [l]and taken for or held as a park under this chapter shall be forever…”

Reilly v. Hopedale (Mass. App. Ct. 2023). “214, §§ 3 (10) and 7A (allowing ten citizens to bring claims to prevent 13 damage to the environment); G. L. c. 45, § 7 (allowing ten taxpayers to restrain the erection of a building in a park); and mandamus.”

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