Massachusetts General Laws

Mass. Gen. Laws ch. 82, § 30 (2026)

Discontinuance by commissioners

✓ current as of July 2026

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Section 30. Upon the application in writing of a person aggrieved by the refusal of a town to discontinue a town way or private way, the county commissioners may order such way to be discontinued. If a town way has been laid out, relocated or altered by the county commissioners, it shall not within two years thereafter be discontinued, relocated or altered by the town; and if such way has been discontinued by the county commissioners, the town shall not within two years thereafter lay out the same again.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1995–2025 · leading case: Martin v. Bldg. Inspector, 649 N.E.2d 779 (Mass. App. Ct. 1995).

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Martin v. Bldg. Inspector, 649 N.E.2d 779 (Mass. App. Ct. 1995). “When the judge superimposed over each other the 1763 plan, the 1979 United States Geological Survey map, and Freetown assessors’ maps, he observed a high degree of congruence of the road system. He determined that the portion of road in question had been laid out “for the use of…”

Town of Concord v. Neil E. Rasmussen & Others (Mass. 2025). “We also conclude that this reading is supported, and not undermined, by G. L. c. 82, § 30 (§ 30), which allows the county commissioners to discontinue a town way or private way "[u]pon the application in writing of a person aggrieved by the refusal of a town to discontinue a…”

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