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The 192nd General Court of the Commonwealth of Massachusetts


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 section 23 of chapter 82 of the General Laws or any other general or special law to the contrary, the town of Burlington may accept the streets listed in article 14 of the adjourned third town meeting held on September 26, 2005, a copy of which is on file in the office of the town clerk; but this acceptance shall become final only after:-
(1) the way has been laid out by order of the board of selectmen at or after a duly called meeting of which 7 days prior notice in a newspaper of general circulation in the town has been given; and
(2) an order of layout has been filed with the town clerk, together with a plan showing the boundaries and measurements of the way, which plan may be an already existing subdivision plan; and
(3) either (a) the board of selectmen has determined that the town of Burlington already holds land or easements for the purposes of the town way and has filed that determination with the town clerk, and there shall be a presumption that the town of Burlington already holds easements for these purposes with respect to any way that has been open to public use and maintained by the town of Burlington for 20 years or more; or (b) the board of selectmen has determined it is necessary to acquire land or easements for the purposes of the town way and the board of selectmen has, within 120 days after the filing of the plan with the town clerk, acquired the land or easements by gifts, purchase or eminent domain under chapter 79 of the General Laws by recording the deed or order of taking, but notwithstanding chapter 79, no appraisal of damages shall be required before any taking by eminent domain for the purposes of this act.

SECTION 2. This act shall take effect upon its passage.

Approved June 21, 2006.