LegalFix

Section 104 - Proceedings to Lay Out Public Way Across Railroad

MA Gen L ch 160 § 104 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 104. A public way may be laid out across a railroad previously constructed, if the county commissioners, or the department of highways in the case of a state highway, adjudge that public necessity and convenience so require; and in such case, after notice to the railroad corporation and a hearing of all parties interested, said commissioners or division, or a city or town by authority of the county commissioners granted upon petition of its board of aldermen or selectmen, may thus lay out a way across a railroad, in such manner as not to injure or obstruct the railroad, and otherwise in conformity with sections ninety-seven and ninety-eight. A public way shall not be permitted to cross at a level with the railroad unless it is determined by the department of highways, in the case of a state highway, or the county commissioners, in the case of any other public way, after notice to all persons interested and a hearing, that public necessity so requires, and the department of telecommunications and energy consents thereto in writing. If it is necessary in the laying out, construction or alteration of a state highway across a railroad to alter or relocate the railroad, the department of highways may take by eminent domain under chapter seventy-nine, on behalf of the railroad corporation, land or rights in land necessary for such alteration or relocation with the written approval of the department of telecommunications and energy. Charges and expenses for such alteration or relocation shall be paid by the department of highways. A copy of the proceedings of the department of highways in laying out a state highway under this section, including a copy of the plan of so much of said way as lies within the location of the railroad, shall be filed in the office of the county commissioners of the county where such way is located.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 104 - Proceedings to Lay Out Public Way Across Railroad