Massachusetts General Laws

Mass. Gen. Laws ch. 92, § 35 (2026)

Acquisition and maintenance of roadways or boulevards

✓ current as of July 2026

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Section 35. The commission may connect any way, park or other public open space with any part of the towns of the urban parks district by suitable roadways or boulevards, in this chapter called boulevards, and for this purpose exercise any of the rights and powers granted the commission in respect to reservations, and may construct and maintain along, across, upon or over lands acquired for such boulevards or for reservations, a suitable roadway or boulevard. The commission shall have the same rights and powers over and in regard to said boulevards as are or may be vested in it in regard to reservations and shall also have such rights and powers in regard to the same as, in general, counties, cities and towns have over public ways under their control. The commission shall submit its plans for any such connection to the secretary of the department of transportation and the administrator for highways so that it may be included in their capital plans.

Notwithstanding section 20 of chapter 21A, the division and department shall preserve and protect the scenic and historic integrity of its roadways and boulevards. Neither the department nor the division shall enter into an interagency or other agreement concerning the roadways and boulevards with a state or public agency or entity to transfer any lands, roadways or boulevards, bridges, facilities, personnel, equipment or material under its care, custody and control without the express prior approval of the legislature.

Notes of Decisions

Cited in 10 cases, 1926–2011 · leading case: Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011).

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Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011). · cites it 7× “” G. L. c. 92, § 35, as amended by St. 2003, c.”

Anzalone v. Metro. Dist. Comm'n, 153 N.E. 325 (Mass. 1926). “*36 The provisions of the deed do not prevent the petitioner from using the restricted area for going to and from his gasoline station constructed on the part which is not restricted.”

Dwyer v. Metro. Dist. Comm'n, 269 Mass. 573 (Mass. 1930). · cites it 3× “288 (G. L. c. 92, § 35). The petitioner’s titles to lots B and C were acquired by separate deeds.”

Poppel v. Boston Elevated Ry. Co., 155 N.E. 267 (Mass. 1927). · cites it 2× “288, §§ 1, 3 (now G. L. c. 92, §§ 35, 36), authorized the commissioners to “connect any road, park, way or other public open space with any part of the cities or towns of the metropolitan parks district under its jurisdiction, by a suitable roadway or boulevard .”

Burke v. Metro. Dist. Comm'n, 159 N.E. 739 (Mass. 1928). “mping Company, which conveyed a portion of it abutting upon the river to the city of Cambridge for'park purposes, with a covenant on the part of the city to construct along the boundary line of the park within the parcel of land a roadway and walk to which the company “ and its…”

Gleason v. Metro. Dist. Comm'n, 170 N.E. 395 (Mass. 1930). · cites it 2× “The deed of the petitioner does not purport to give her a right of way to a public way and she has no such right recognized by the owner of adjoining land. The respondent has “the same rights and powers over and in regard to said boulevards” as it has “in regard to…”

Kimball v. Metro. Dist. Comm'n, 153 N.E. 330 (Mass. 1926). · cites it 2× “288, now G. L. c. 92, § 35. The owner in 1902 executed and delivered to the Commonwealth a deed and release of damages on account of the taking, which contained provisions in substance similar to those in the deed under consideration in Anzalone v.”

Town of Brookline v. Metro. Dist. Comm'n, 258 N.E.2d 284 (Mass. 1970). “718, § 6, which provides, “The department [of public works] and the [metropolitan district] commission may, on behalf of the commonwealth, take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, such public or private lands,…”

Metro. Dist. Comm'n v. Cataldo, 153 N.E. 328 (Mass. 1926). “288, (G. L. c. 92, § 35,) and was conveyed to the Commonwealth by one Brodbine in 1902 by a deed con *40 taining the following' provision: “And for the above-named consideration and for the further consideration that I, and my heirs and assigns, (owners or occupants of adjoining…”

Commonwealth v. Whelan, 556 N.E.2d 389 (Mass. 1990). · cites it 2× “See G. L. c. 92, § 35 (1988 ed.). Main Street is not an MDC roadway.”

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