Massachusetts General Laws

Mass. Gen. Laws ch. 82, § 10 (2026)

Specific repair of ways

✓ current as of July 2026

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Section 10. If, upon a petition for the laying out or alteration of a highway, the commissioners, after a view and hearing, are of the opinion that the existing highway between the termini mentioned in the petition can be so far amended as to supersede the necessity of laying out a new highway or of altering the location of existing ways, they may, after notice to the towns interested, direct specific repairs to be made in the existing ways in such manner as the public convenience may require; and may apportion the expense thereof upon the county and towns respectively as in laying out highways. At the time of ordering specific repairs upon a highway, they may direct it to be closed for public travel for a reasonable time. Towns in which specific repairs are ordered shall make them. Nothing in this chapter with respect to commissioners' orders for specific repairs shall relieve towns from their duties and liabilities with respect to keeping public ways in repair.

Notes of Decisions

Cited in 3 cases, 1929–2003 · leading case: Chandler v. Cnty. Commissioners, 437 Mass. 430 (Mass. 2002).

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Chandler v. Cnty. Commissioners, 437 Mass. 430 (Mass. 2002). “” G. L. c. 82, § 10. liability for injuries caused by defects in public ways is now covered by G.”

Ball v. Plan. Bd., 790 N.E.2d 1138 (Mass. App. Ct. 2003). “William Allen testified that the landowners had not filed a petition for specific repairs under G. L. c. 82, § 10. According to Allen, specific repairs include changes in grade, width, drainage and material.”

Wood v. Inhabitants of Concord, 167 N.E. 311 (Mass. 1929). “344, Part 2, §§ 10, 12, now G. L. c. 82, § 10. It was not an alteration, a relocation, or a new layout.”

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