Massachusetts General Laws

Mass. Gen. Laws ch. 92, § 80 (2026)

Taking or acquisition of land for boulevards

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Section 80. For the purpose of carrying out section thirty-five, the commissioner may take or acquire, in fee or otherwise, on behalf of the commonwealth, by purchase, gift, devise, or eminent domain under chapter seventy-nine, any land or easements or interests in land within the metropolitan parks district, although the land so taken, or any part thereof, be already a public way; provided, that the concurrence of the city council in Boston for Suffolk county or the concurrence of each other county or city or town outside of Suffolk county, wherein any portion of any public way, land or rights in land is taken by eminent domain, be obtained to the taking of said portion by vote of its county commissioners, city council or selectmen, respectively.

Notes of Decisions

Cited in 2 cases, 1934–1970 · leading case: Town of Brookline v. Metro. Dist. Comm'n, 258 N.E.2d 284 (Mass. 1970).

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Town of Brookline v. Metro. Dist. Comm'n, 258 N.E.2d 284 (Mass. 1970). · cites it 2× “718, is nevertheless also subject to the restrictions contained in G. L. c. 92, § 80, St. 1875, c. 185, § 13, and G.”

Trs. of Boston Univ. v. Commonwealth, 190 N.E. 29 (Mass. 1934). “The same principle was applied in Sisters of Charity of Rockingham v. Rex, [1922] 2 A. C. 315.”

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