Mass. Gen. Laws » Part I Title XIV Chapter 82
Massachusetts General Laws

Mass. Gen. Laws ch. 82, § 24 (2026)

Taking by eminent domain; damages

✓ current as of July 2026
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Section 24. If it is necessary to acquire land for the purposes of a town way or private way which is laid out, altered or relocated by the selectmen, road commissioners or other officers of a town under this chapter, such officers shall, within one hundred and twenty days after the termination of the town meeting at which the laying out, alteration or relocation of such town way or private way is accepted by the town, acquire such land by purchase or otherwise, or adopt an order for the taking of such land by eminent domain under chapter seventy-nine or institute proceedings for such taking under chapter eighty A. Any person sustaining damage in his property by the laying out, alteration or relocation of a town way or private way shall be entitled to recover the same under said chapter seventy-nine, unless such damage was sustained in connection with a taking made in proceedings instituted under said chapter eighty A, and any person sustaining damage in his property by the discontinuance of a town way or private way or by specific repairs thereon shall be entitled to recover the same under said chapter seventy-nine. If no entry has been made upon land taken under said chapter seventy-nine for the purpose of a town way, or if the location has for any other cause become void, a person who has suffered loss or been put to expense by the proceedings shall be entitled to recover indemnity therefor under said chapter seventy-nine. If a private way is laid out, relocated, altered or discontinued by a town, or if a town makes specific repairs thereon, or if a town way is discontinued, the persons upon whose application such way is laid out, relocated, altered or discontinued or upon whose application specific repairs are made thereon shall, before such way is entered upon for the purposes of construction, or is closed up, give such town security satisfactory to the selectmen that they will indemnify such town for all damages and charges which it is obliged to pay by reason thereof, and all such damages and charges shall be repaid to the town by the persons making such application; provided, however, that in case of the discontinuance of a town way the selectmen may order a part of the damages to be paid by the town. The first sentence of this section shall not apply to cities.

Notes of Decisions
Cited in 8 cases, 1926–2004 · leading case: Nylander v. Potter, 423 Mass. 158 (Mass. 1996).
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Nylander v. Potter, 423 Mass. 158 (Mass. 1996). “G. L. c. 82, § 24 (1994 ed.). G. L. c. 79, § 10 (1994 ed.”
Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “G.L.c. 82, § 24. Some public money may be appropriated for removal of snow and ice from private ways if a town elects to do so.”
Inhabitants of Watertown v. Dana, 150 N.E. 860 (Mass. 1926). “But we feel constrained to hold that, under the statutes at present governing procedure under eminent domain, the failure of the selectmen to adopt the requisite order of taking within ten days subsequent to the vote of the town and to record such order of taking within thirty…”
Radway v. Selectmen of Dennis, 266 Mass. 329 (Mass. 1929). “vote of the town and to record such order of taking within thirty days thereafter, all as pointed out in G. L. c. 82, § 24, and c. 79, §§ 1 and 3,” invalidated the attempted taking there under review.”
Van Szyman v. Town of Auburn, 188 N.E.2d 453 (Mass. 1963). “Indeed, the facts found do not show any basis for inferring that there was an order by the selectmen (within thirty days after the town meeting which accepted the way [G.”
Soeder v. Cnty. Commissioners, 805 N.E.2d 1026 (Mass. App. Ct. 2004). · cites it 2× “The motion judge evidently considered this claim to be made under G. L. c. 82, § 24, and c. 79, § 12. Section 24 speaks of an eminent domain taking of land “for the purposes of a town way .”
Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “G. L. c. 82, § 24. Some public money may be appropriated for removal of snow and ice from private ways if a town elects to do so.”
Soeder v. Desrocher, 10 Mass. L. Rptr. 604 (Mass. Super. Ct. 1999). · cites it 2× “79, §9 and G.L.c. 82, §24. In sum, the plaintiff alleges that, as a result of the taking, she has been deprived of valuable property rights and seeks damages for the diminution *605 in the fair market value of her property, as well as consequential “severance” damages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.