JURISDICTION OF THE COMMONWEALTH AND OF THE UNITED STATES

M.G.L. pt. Part I, tit. Title I, ch. c. 1

in effect

M.G.L. c. 1, § 1 Citizens of commonwealth defined

c. 1, § 1. Citizens of commonwealth defined Section 1. All persons who are citizens of the United States and who are domiciled in this commonwealth are citizens thereof.

M.G.L. c. 1, § 2 Sovereignty and jurisdiction of commonwealth

c. 1, § 2. Sovereignty and jurisdiction of commonwealth Section 2. The sovereignty and jurisdiction of the commonwealth shall extend to all places within its boundaries subject to the concurrent jurisdiction granted over places ceded to or acquired by the United States.

M.G.L. c. 1, § 3 Marine boundaries of commonwealth

c. 1, § 3. Marine boundaries of commonwealth Section 3. Subject to such lateral boundaries as have been or shall be established between the commonwealth and adjacent coastal states, the territorial limits of the commonwealth shall extend seaward to the outer limits of the territorial sea of the United States. Such limits are without prejudice to the rights of the commonwealth in the seabed and subsoil of the continental shelf. The department of highways shall file, and may from time to time amend, a report with maps attached with the secretary of the commonwealth, and the exterior line of the commonwealth as located and defined therein shall be prima facie the marine boundary of the commonwealth. The coastal baseline of the commonwealth, from which the breadth of the territorial sea is measured, shall be drawn in conformity with the treaties to which the United States is a party. Nothing in this section shall change the limits of any fishing areas or any fishing rights which have been established under special acts. The jurisdiction of the courts of the commonwealth over civil and criminal matters shall extend to all territory within the marine boundaries of the commonwealth, even though such territory may not be within any city, town or county. In such event, criminal and civil proceedings may be instituted in the courts of the county or judicial district closest to the place where the alleged offense occurred or cause of action arose, or in the superior court within and for the county of Plymouth or the third district court of Plymouth or in the superior court within and for the county of Essex or the first district court of Essex, to the same extent as if the alleged offense occurred or cause of action arose within said county or judicial district, any other jurisdictional or venue statute to the contrary notwithstanding. The marine boundary of the commonwealth in the area of Rhode Island Sound south and west of the towns of Westport, Gosnold, and Aquinnah shall be and hereby is fixed as follows: from a coastal baseline beginning at the westernmost point of land, at mean low tide, in the town Aquinnah and running westerly to the easternmost point on the contour representing sixty feet of ocean depth above the formation identified as Brown's Ledge on Chart No. 1210 or its subsequent replacement published by the United States Coast and Geodetic Survey or by its successor, extending from said baseline to the outer limits of the territorial sea of the United States. In the event that a court of competent jurisdiction decrees that the coastal baseline shall run otherwise than herein described, the territorial limits of the commonwealth in Rhode Island Sound shall be measured from such other baseline. The ocean boundary with the state of Rhode Island shall be a line running from the most southerly point of the land boundary between the commonwealth and Rhode Island through the above-mentioned point on Brown's Ledge to the furthest limits of the territorial sea of the United States. The marine boundaries of the commonwealth in the area of Nantucket Sound shall be drawn to include the entire area of Nantucket Sound as territorial waters of the commonwealth.

M.G.L. c. 1, § 4 Commonwealth boundary markers; inspection, restoration and repair

c. 1, § 4. Commonwealth boundary markers; inspection, restoration and repair Section 4. The department of highways, in this chapter called the department, shall in the year nineteen hundred and thirty-five and in every fifth year thereafter inspect all monuments or other marks defining the location of the boundary lines of the commonwealth, and if any of them have been injured, displaced, removed or lost the department shall, in co-operation with persons duly authorized by the adjoining state, restore them or replace them with suitable stone monuments, and in the same manner set suitable stone monuments at points not properly marked where the state boundary is intersected by the boundary of any counties, cities or towns in the commonwealth or by a highway or railroad. If officers of adjoining states are required to make such inspection at other times, the department may co-operate with them.

M.G.L. c. 1, § 5 Commonwealth boundary markers; removing or defacing; penalty

c. 1, § 5. Commonwealth boundary markers; removing or defacing; penalty Section 5. No person shall wilfully or maliciously disturb or injure, or, except as herein provided, remove, obliterate, deface or cover up any monument or mark designating the boundary line of the commonwealth. Any person desirous of removing and replacing any such monument or mark may apply in writing to the department, who may grant permission therefor under its supervision, first making provision for preserving the exact location of the original boundary or mark, and also giving notice to the adjoining state of the time and place at which proposed action is to be taken. The monument shall be reset in the identical location from which it was removed, or at a convenient distance therefrom upon the boundary line. A full description of any change in such monument or mark shall be recorded in the offices of the clerks of the contiguous towns, and a copy thereof shall be forwarded to the state secretary. Violation of this section shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than six months.

M.G.L. c. 1, § 6 Conveyance to United States of certain lands owned by commonwealth for lighthouses

c. 1, § 6. Conveyance to United States of certain lands owned by commonwealth for lighthouses Section 6. The department, with the approval of the governor and council, may, upon the application of an agent of the United States, in the name and behalf of the commonwealth, convey to the United States the title of the commonwealth to any tract of land covered by navigable waters and necessary for the purpose of erecting a lighthouse, beacon light, range light or other aid to navigation, or light keeper's dwelling; but such title shall revert to the commonwealth if such land ceases to be used for such purpose.

M.G.L. c. 1, § 7 Jurisdiction over land acquired by United States; reversion

c. 1, § 7. Jurisdiction over land acquired by United States; reversion Section 7. The United States shall have jurisdiction over any tract of land within the commonwealth acquired by it in fee for the following purposes: for the use of the United States bureau of fisheries, or for the erection of a marine hospital, custom office, post office, life-saving station, lighthouse, beacon light, range light, light keeper's dwelling or signal for navigators; provided, that a suitable plan of such tract has been or shall be filed in the office of the state secretary within one year after such acquisition of title thereto. But the commonwealth shall retain concurrent jurisdiction with the United States in and over any such tract of land to the extent that all civil and criminal processes issuing under authority of the commonwealth may be executed thereon as if there had been no cession of jurisdiction, and exclusive jurisdiction over any such tract shall revest in the commonwealth if such tract ceases to be used by the United States for such public purpose.

M.G.L. c. 1, § 7A Legislative jurisdiction over property previously ceded to federal government; acceptance of retrocession; procedure

c. 1, § 7A. Legislative jurisdiction over property previously ceded to federal government; acceptance of retrocession; procedure Section 7A. The governor, if he finds that the public interest will benefit thereby, may accept on behalf of the commonwealth retrocession of all or part of the legislative jurisdiction over property within the commonwealth over which such jurisdiction has been ceded to the United States by the commonwealth. Such acceptance of retrocession shall take effect in each case upon the written acceptance by the governor of a notice of retrocession signed by the duly authorized officer or agent of the United States having supervision and control over the property being retroceded. A copy of the notice of retrocession and the written acceptance thereof shall be filed with the state secretary and the city or town clerk of the city or town in which the affected property is located, and in the case of property located in more than one city or town, with the clerk of each municipality in which the property is located.

M.G.L. c. 1, § 8 Geological or coast survey employees; entry on lands; works, stations, buildings; compensation for takings

c. 1, § 8. Geological or coast survey employees; entry on lands; works, stations, buildings; compensation for takings Section 8. In connection with their official duties persons employed by the United States geological survey or coast survey, or by the department, may enter upon land and erect works, stations, buildings and appurtenances; provided, that, in case of such entry or erection by persons employed by the United States, it shall make adequate provision by law for compensation for any taking of property thereby.

M.G.L. c. 1, § 9 Damages caused by entry on lands by employees of commonwealth or United States; payment

c. 1, § 9. Damages caused by entry on lands by employees of commonwealth or United States; payment Section 9. In case of entry by persons employed by the commonwealth, it shall pay all damages thereby caused. In case of entry, not constituting a taking, by persons employed by the United States, such persons shall pay all such damages. If the parties interested cannot agree upon the amount to be paid for damages under the preceding section, such damages shall be determined and recovered under chapter seventy-nine.

M.G.L. c. 1, § 10 Injury to signals, monuments, buildings, of United States; penalty

c. 1, § 10. Injury to signals, monuments, buildings, of United States; penalty Section 10. Whoever wilfully injures, defaces or removes a signal, monument, building or appurtenance erected, used or constructed under the authority of the United States shall be punished by a fine of fifty dollars, and be liable in tort to the United States for all damages so sustained.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter1Fetched: 10/20/2026