AN ACT RELATIVE TO VEHICULAR BRIDGES MAINTAINED BY THE DEPARTMENT OF PUBLIC WORKS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 1 of chapter 634 of the acts of 1971, as
most recently amended by
chapter 92 of the acts of 1978, is hereby further amended by striking out
the first paragraph and inserting in place thereof the following two paragraphs:-
The department of public works, hereinafter called the department, acting
on behalf of the commonwealth, is hereby authorized and directed to accept
the transfer of title to all vehicular bridges carrying public ways over the
tracks or right-of-way of railroads and adjacent spans which form part of
the same structure within the commonwealth title to which is now vested in
cities, towns, counties or railroads, and after such transfer, such bridges
shall be state highways and the department shall assume all responsibility
for the maintenance, repair, reconstruction, replacement or removal of any
such bridges as may be necessary for the public safety and convenience.
In the event that a vehicular bridge so transferred is removed and
replaced with fill and roadway by the department, title to said fill and
roadway shall, upon completion of said roadway, vest in the city, town,
county or other public entity which controls the public way at the
approaches to the removed bridge and said fill and roadway shall then no
longer be a state highway.
SECTION 2. This act is effective for all bridges transferred
to the department of
public works in accordance with the provisions of chapter six hundred and
thirty-four of the acts of nineteen hundred and seventy-one, which have
been removed and filled since the effective date of said chapter six
hundred and thirty-four.