Massachusetts General Laws

Mass. Gen. Laws ch. 82, § 23 (2026)

Filing and acceptance of plan

✓ current as of July 2026

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Section 23. No town way or private way which has been laid out, relocated or altered by the selectmen or road commissioners shall, except as hereinafter provided, be established until such laying out, relocation or alteration, with the boundaries and measurements of the way, is filed in the office of the town clerk and, not less than seven days thereafter, is accepted by the town at a town meeting. This section shall not apply to cities.

Notes of Decisions

Cited in 3 cases, 1924–1979 · leading case: W. D. Cowls, Inc. v. Woicekoski, 385 N.E.2d 521 (Mass. App. Ct. 1979).

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W. D. Cowls, Inc. v. Woicekoski, 385 N.E.2d 521 (Mass. App. Ct. 1979). “There was no evidence of either the laying out or acceptance (see G. L. c. 82, § 23) of Old Stage Road by any public authority.”

Inhabitants of Greenfield v. Burnham, 145 N.E. 306 (Mass. 1924). · cites it 2× “G. L. c. 82, § 23, requires that the layout be “ filed in the office of the town clerk ” not less than seven days before it is accepted by the town at a town meeting.”

Van Szyman v. Town of Auburn, 188 N.E.2d 453 (Mass. 1963). · cites it 2× “See G. L. c. 82, §§ 23, 24; c. 79, §§ 1, 3. The Van Szymans bought their parcel from the Whites on March 7, 1957.”

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