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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT FURTHER REGULATING THE PROCEDURE FOR MUNICIPAL ACCEPTANCE OF SUBDIVISION ROADS IN THE TOWN OF HINGHAM

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.  (a) Notwithstanding chapters 79 and 82 of the General Laws or any other general or special law to the contrary, the town of Hingham may employ the procedure set out in this act for municipal acceptance of roads constructed within a subdivision in accordance with a definitive subdivision plan that has been approved pursuant to sections 81K to 81GG, inclusive, of chapter 41 of the General Laws.

(b)  The planning board of the town, upon request of the board of selectmen or a developer or on its own initiative, shall prepare a written certification that a subdivision road has been laid out and constructed in accordance with the board's rules and regulations and the approved definitive subdivision plan and shall submit the certification to the board of selectmen.

(c)  The board of selectmen shall hold a public hearing, after first giving: (i) written notice by first-class mail, postage prepaid, to the owner of record of each property abutting the road, as appearing in the records of the assessors and (ii) notice by publication in a newspaper of local circulation not less than 7 days before the hearing. The records of the assessors shall be conclusive evidence of ownership for purposes of this act. If, after the public hearing, the board of selectmen determines that it is in the public interest to accept the road, it shall so vote, by a majority vote, and place an article on the warrant for the next annual or special town meeting for acceptance of the road.

(d)  Upon a 2/3 vote of town meeting to accept the road, the board of selectmen shall prepare an order of acceptance setting forth the vote of the town meeting that shall be recorded in the Plymouth county registry of deeds. The order of acceptance shall contain a description of or reference to a plan showing the boundaries and measurements of the road, which may be an existing approved and recorded definitive subdivision plan. The order of acceptance shall be recorded not later than 60 days after the town meeting vote and, upon recording, shall vest ownership of a permanent roadway easement in the road for all purposes for which public ways are commonly used in the town, together with ownership of all utility, drainage, access and other easements shown on the plan and specifically identified in the order of acceptance and all pipes, structures and other improvements located therein, in the town with no additional notice or other action required. No owner or interest holder of land abutting a road so accepted or subject to an easement shown on the plan shall have any claim for compensation against the town on account of such acceptance.

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

Approved, February 13, 2020.