Section 79. For the purposes set forth in section thirty-three, the commissioner, acting so far as may be in consultation with the proper local boards, on behalf of the commonwealth, may take in fee or otherwise, by purchase, gift, devise, or eminent domain under chapter seventy-nine, lands and rights in land for reservations within the urban parks district, or take bonds for the conveyance thereof; and may take by eminent domain under said chapter, or acquire by agreement or otherwise, the right forever, or for such period of time as the commissioner deems expedient, to plant, care for, maintain or remove trees, shrubs and growth of any kind within certain spaces regulated by the division along or near rivers and ponds within said district; and may take or impose by eminent domain under said chapter, or acquire the benefit of, by agreement or otherwise, such restrictions upon such regulated spaces as it deems expedient; provided, that no private property shall be taken or restrictions imposed by eminent domain hereunder without the concurrence of a majority of the stewardship council and of the board of park commissioners, if any, of the town where said property is situated.
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