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MASSACHUSETTS FEDERATION OF PLANNING BOARDS
Procedure for Layout and Acceptance of Town and City Streets
The procedure of layout and acceptance of town ways is not a
procedure in the scope of town planning boards, but in towns,
it is in the Board of Selectmen and in cities it is in the City
Council or other bodies In towns the procedure is set up by
statute while in cities it is more varied because of charters
and other variations The steps outlined herein are basically
in reference to towns but most of them are fundamentally
applicable also to cities
The procedure for layout and acceptance of town ways are enumer-
ated (in the statute, Chap 82 , Sections 22 to 24 of the General
Laws and are mandatory and form a chain of events, the absence
of one of the mandatory steps makes the taking invalid
1) The first step in the acceptance of a way dedicated to
li public use into an "accepted" way is usually a petition
to the Selectmen to lay out the way, but this is not
necessary
2) In any town that has a Planning Board established under
General Laws Chapter 41, Section 81A, the proposed layout
out must be referred to the Planning Board for its recom-
mendation (G L Chap 41 Sec 81 I) The Planning Board
has 45 days to make its recommendation which is merely an
expression of opinion
3) A formal determination to lay out the way must be made by
the Selectmen by a vote which appears on the record
4) All interested parties must be given at least seven (7)
days notice, in writing of intention to lay out the way
5) The way must be laid out by the Selectmen by a formal
vote specifying by courses and distances the location of
the way
6) The order of laying out must then be filed with the town
clerk at least seven days before the town meeting at which
the town is to act upon the acceptance of the layout
7) There must be a proper article in the town meeting warrant
for the acceptance of the layout and raising and appropriat-
ing of any necessary funds
8) There must be a vote at the town meeting accepting the layout
and, if necessary , the appropriation of funds
9) Should the appropriation require necessary funds to be
borrowed, there must be a two thirds vote
10) If any land taking by eminent domain is involved, the order
of taking must be adopted by the Selectmen within thirty (30)
days after the close of the town meeting
11) The order of taking must be recorded in the Registry of Deeds
within thirty (30) days after its adoption by the Selectmen
12) A certificate of entry and possession must be recorded within
two years after the date of the order of taking
13) Notice should then be given to every person whose property has
been taken or who otherwise may be entitled to damages
Items 2-3-4-5-6-7-8-12 are mandatory
Items 9-10-11, if required, are also mandatory
Items 1-13 are not mandatory
If the mandatory provisions are not carried out, the way is not
legally established as a town way
All of the foregoing requirements are statutory and cannot be
affected by any provisions, or the lack of any provisions in the
town by-laws
The foregoing data has been compiled from a talk given to the
Federation in 1958 by Rufus Dunbar, an expert on land conveyances
and related matters
The original source of information is from an outline prepared by
Philip Nichols, Esq , in 1952 Mr Nichols was the original pro-
ponent of Zoning and Subdivision Control
If there are any ways in the towns which are supposed to be public
ways but have never been legally laid out as such, the proper pro-
cedure would be for the Selectmen to start all over again and see
that all of the required steps are taken for the laying out and
acceptance of such ways as town ways
Note The Selectmen may acquire full title to the land or an ease-
ment therein as they see fit Acquisition of title in fee is recom-
mended It is also recommended that the fee be taken by eminent
domain in every case, as the eminent domain law cures all defects
in the title
The procedure was reviewed and updated where necessary by Mr
Frederick A Fallon, Director, Bureau of Planning, Mass Dept of
Community Affairs and his staff
Compilation and publication has been made by the Federation's Review
Board consisting of Burton C Parker, Alfred Edwards and Joseph M
Magaldi
Felix Juliani Joseph M. Magaldi
President Executive Secretary
April 1970