Massachusetts General Laws

Mass. Gen. Laws ch. 84, § 10 (2026)

Entry upon land to secure and protect public way; damages

✓ current as of July 2026
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Section 10. The selectmen or road commissioners may enter upon, use or survey or take by eminent domain under chapter seventy-nine any land they may deem necessary for the purpose of securing or protecting a public way; and any person thereby injured in his property and any owner of land adjoining a way who has sustained damage in his property by an act done for the purpose of repairing the way may recover such damages under chapter seventy-nine.

Notes of Decisions
Cited in 2 cases, 1963–1982 · leading case: Triangle Ctr., Inc. v. Dep't of Pub. Works, 438 N.E.2d 798 (Mass. 1982).
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Triangle Ctr., Inc. v. Dep't of Pub. Works, 438 N.E.2d 798 (Mass. 1982). “1 (1933), in which we construed G. L. c. 84, § 10, as not authorizing takings in pais.”
Van Szyman v. Town of Auburn, 188 N.E.2d 453 (Mass. 1963). “G. L. c. 84, § 10. St. 1917, c. 329, §§ 1, 2.”
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