SENATE DOCKET, NO. 2451        FILED ON: 1/2/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2241

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Donald F. Humason, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the city of Westfield to categorize all certain private ways a public streets.

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PETITION OF:

 

Name:

District/Address:

Donald F. Humason, Jr.

Second Hampden and Hampshire

John C. Velis

4th Hampden


SENATE DOCKET, NO. 2451        FILED ON: 1/2/2018

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2241

By Mr. Humason, a petition (accompanied by bill, Senate, No. 2241) of Donald F. Humason, Jr. and John C. Velis (with approval of the mayor and city council) for legislation to authorize the City of Westfield to categorize all certain private ways as public streets.  Transportation.  [Local Approval Received.]

 

The Commonwealth of Massachusetts

 

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act authorizing the city of Westfield to categorize all certain private ways a public streets.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Notwithstanding sections 1 to l3, inclusive, of chapter 82 of the General Laws, or any other general or special law to the contrary, the CITY OF WESTFIELD may accept as public ways, in accordance with the terms hereof, any one or more of the streets and ways listed in this act: provided, however, that acceptance as a public way shall become final only after:

(a)The layout of the way has been ordered and approved by the City Council after a duly called public hearing of which 14 days prior notice in a newspaper of general circulation in the city has been given, and of which notice sent by mails postage prepaid,  to the owners of record, as determined by assessors' records, who abut said street or way: and

(b)An order of layout has been filed in the office of the City Clerk, containing a description of, reference to a plan showing the boundaries and measurements of the way- which may be an existing approved and recorded definitive subdivision plan: and

(c) Either (1 ) the City Council has determined that the City already holds land or easements for the purposes of the public way and has filed that determination with the City Clerk, provided, however, that there shall be a presumption that the City already holds said easements or land for these purposes with respect to any way that has been opened to pubic use and maintained by the City for 20 years or more; or (2) the City Council has determined it is necessary to acquire land or easement for the purposes of the public way and the City Council has acquired said land or easement by gift, purchase or eminent domain, provided, further, that notwithstanding Chapter 79 or the General Laws, no appraisal of damages shall be required prior to any taking for the purposes of this act.

These purposes with respect to any way that has been opened to public use and maintained by the City for 20 years or more, or (2) the City Council has determined it is necessary to acquire land or easement for the purposes of the public way and the City has acquired said land or easement by gift, purchase or eminent domain, provided, further, that notwithstanding Chapter 79 or the General Laws no appraisal or damages shall be required prior to any taking for the purposes of this act.