Section 13. State highways shall be maintained and kept in good repair and condition by the department at the expense of the commonwealth. The department shall keep all state highways reasonably clear of brush and shall cause suitable shade trees to be planted thereon if practicable. As used in this chapter, the term ''state highways'' includes such public roads in state forests, parks and reservations outside of the metropolitan parks district, and such public roads within the limits of any property under the control of any department, board or commission of the commonwealth, as may from time to time be designated by the department as roads for general public use and approved for such use by the executive head of the department, board or commission controlling such property. The department shall, subject to appropriation, construct, improve and maintain all roads on such property.
Notes of Decisions
Davis v. Westwood Grp., 652 N.E.2d 567 (Mass. 1995).
· cites it 2× “See G. L. c. 81, § 13 (1992 ed.) (“State highways shall be maintained and kept in good repair and condition by the department [of highways] at the expense of the commonwealth”).”
Himelfarb v. Town of Brookline, 474 N.E.2d 1170 (Mass. App. Ct. 1985).
· cites it 2× “” As used in § 1, the word “highways” has not been read to include State highways, whose maintenance and repair is the department’s responsibility under G. L. c. 81, § 13. See Sloper v. Quincy, 301 Mass.”
Halbach v. Normandy Real Est. Partners, 63 N.E.3d 388 (Mass. App. Ct. 2016).
“at 745 , quoting from G. L. c. 81, § 13 (1992 ed.) (‘“State highways shall be maintained and kept in good repair and condition by the department [of highways] at the expense of the commonwealth”).”
Vaughan v. Commonwealth, 388 N.E.2d 694 (Mass. 1979).
“G. L. c. 81, § 13. The plaintiff failed to respond (by counter affidavit) to the Commonwealth’s affidavit.”
Sloper v. City of Quincy, 16 N.E.2d 14 (Mass. 1938).
“That legal duty rested upon the department of public works of the Commonwealth by G. L. c. 81, §§ 13, 18. Nor can it be said that the provision of G.”
Coombs v. Bd. of Selectmen, 528 N.E.2d 136 (Mass. App. Ct. 1988).
“By a natural reading of the pre-1983 statute, therefore, the selectmen or road commissioners of a town, charged by the law with the day-to-day upkeep of town ways and county highways (but not State highways — see G. L. c. 81, §§ 13, 15, 18), could petition the county…”
Commonwealth v. W. Barrington Co., 363 N.E.2d 1120 (Mass. App. Ct. 1977).
“See G. L. c. 81, §§13 (removal of brush) and 14 (removal of trees, tree limbs and shrubbery bordering State highways).”
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