Section 29A. The department may lay out or alter ways other than state highways in any county, city or town provided that the county commissioner of the county, or the mayor of the city or the board of selectmen of the town consents thereto. Land or rights in land may be acquired for this purpose by eminent domain under chapter seventy-nine by the department in behalf of the county, city or town in which the land lies. Any person whose property has been taken or injured by any action of said department under authority of this section may recover from the commonwealth under chapter seventy-nine such damages therefor as he may be entitled to. For this purpose the department may use any funds which may be available for highway purposes, including federal aid, and may also use any money appropriated for a county, or by a city or town, toward the damages sustained, provided that the county commissioners, selectmen or mayor have agreed in writing to pay the money thus appropriated upon the order of the department.

Terms Used In Massachusetts General Laws ch. 81 sec. 29A

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • state highways: includes such public roads in state forests, parks and reservations outside of the metropolitan parks district, and such public roads within the limits of any property under the control of any department, board or commission of the commonwealth, as may from time to time be designated by the department as roads for general public use and approved for such use by the executive head of the department, board or commission controlling such property. See Massachusetts General Laws ch. 81 sec. 13
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