ELECTRIC RAILROADS

M.G.L. pt. Part I, tit. Title XXII, ch. c. 162

in effect

M.G.L. c. 162, § 1 Definitions

c. 162, § 1. Definitions Section 1. In this chapter, unless the context otherwise requires, the ''department'' means the department of public utilities. An ''interested party'', in any proceeding under this chapter before the department, the board of aldermen of any city or the selectmen of any town, shall include any person whose land is to be taken or whose estate abuts upon any highway through which the electric railroad is to pass, and any railroad corporation or street railway company having a location in any city or town included within the proposed route of the electric railroad company.

M.G.L. c. 162, § 2 Application to Boynton bicycle railway

c. 162, § 2. Application to Boynton bicycle railway Section 2. This chapter, so far as applicable, except sections twelve and thirteen, and laws relative to the taxation of companies organized under this chapter, shall apply to the form of railway known as the Boynton bicycle railway.

M.G.L. c. 162, § 3 Incorporators

c. 162, § 3. Incorporators Section 3. Fifteen or more persons may associate themselves by a written agreement of association with the intention of forming an electric railroad company.

M.G.L. c. 162, § 4 Powers

c. 162, § 4. Powers Section 4. Such company may, subject to this chapter, construct, operate and maintain a railroad or railway, including poles, wires, or other appliances and equipment connected therewith, of the class operated by electricity or by any power other than steam, which the department approves, and constructed wholly upon private land purchased or taken by said company under this chapter; or constructed partly upon such private land and partly upon public ways and places, but at least one half of which is constructed upon such private land. Such company shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, relative to railroad corporations, set forth in chapters one hundred and fifty-nine and one hundred and sixty, except as is otherwise specially provided in this chapter.

M.G.L. c. 162, § 5 Content of agreement of association; execution of agreement

c. 162, § 5. Content of agreement of association; execution of agreement Section 5. The agreement of association shall state— (a) That the subscribers thereto associate themselves with the intention of forming an electric railroad company; (b) The corporate name assumed, which shall be one not in use by any other electric railroad company in the commonwealth, or, in the judgment of the department, so similar thereto as to be likely to be mistaken for it, or for any railroad corporation or street railway company in this commonwealth, and which shall contain the words, ''electric railroad company'', at the end thereof; (c) The termini of the railroad; (d) The length of the railroad, as nearly as may be; (e) The name of each county, city and town in which the railroad is to be located; (f) The gauge of the railroad, which shall be four feet eight and one half inches; (g) The total amount of the capital stock of the company, which shall be not less than ten thousand dollars for each mile; (h) The par value of the shares, which shall be one hundred dollars; (i) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of association his name, residence, post office address, and the number of shares of stock which he agrees to take, but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a company is incorporated.

M.G.L. c. 162, § 6 Publication of agreement

c. 162, § 6. Publication of agreement Section 6. The directors, before applying to the department as hereinafter provided, shall publish a copy of the agreement of association as provided in section six of chapter one hundred and sixty-one, and the sworn certificate of the clerk shall be conclusive evidence thereof.

M.G.L. c. 162, § 7 Certificate of public convenience and necessity

c. 162, § 7. Certificate of public convenience and necessity Section 7. After compliance with section three and the two preceding sections, and within thirty days after the first publication of notice of the agreement of association therein required, the directors therein named shall apply to the department for a certificate that public convenience and necessity require the construction of a railroad as proposed in such agreement. With such application said directors shall file a map of the railroad showing the cities and towns through which it will pass, the principal highways, railways, railroads, navigable streams and tide waters to be crossed, and the extent to which the route of the railroad will be fixed upon private land or will be located longitudinally upon public ways and places, together with a general profile of the railroad showing the grades, and an estimate showing in reasonable detail the cost of construction. The directors shall also furnish such additional maps and information as the department may require. Prior to the decision of the department the directors may change or modify the route in any city or town in whole or in part either at the suggestion of the department or otherwise. If the department refuses to issue such certificate, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal.

M.G.L. c. 162, § 8 Fixing of route; application to municipality

c. 162, § 8. Fixing of route; application to municipality Section 8. If the department grants the certificate specified in the preceding section, the directors may, within sixty days after the granting thereof, apply to the board of aldermen of each city and to the selectmen of each town where the railroad is to be located to fix the route of the railroad in such city or town, and with such application the directors shall file a copy of the maps and general profile, and, upon request, the other information presented to the department. The board of aldermen and the selectmen shall give fourteen days' notice of the time and place for a hearing on such application by publication thereof in one or more newspapers, if any, published in said city or town; otherwise in such newspaper or newspapers published in the county where the city or town is situated as shall be designated by the department; and written notice of the time and place at which such hearing will be held shall be mailed at least seven days before said hearing by the clerk of the city or town, where the application for locations has been filed, to the owners as determined by the last preceding assessment for taxation of real estate along the public ways or parts of ways upon which it is proposed to construct said line and to the owners of private land upon which the route of the railroad is to be fixed; and said clerk shall make and deliver to the directors at the hearing a certificate setting forth the fact that such notice was published and mailed as herein provided, and such certificate shall be conclusive evidence thereof.

M.G.L. c. 162, § 9 Fixing of route

c. 162, § 9. Fixing of route Section 9. If the route designated in the application is agreed to by the board of aldermen or the selectmen, and all requirements in respect of the part of said route located longitudinally upon public ways and places are assented to by the directors, and thereafter are approved in writing by the department, the board of aldermen or the selectmen shall make a certificate setting forth the route as fixed by them, which shall be certified by said board or their clerk to the directors, and no further proceedings shall be necessary, but the route so agreed to shall be the route of said railroad in such city or town, except as hereinafter provided. The fee for such a certificate shall be set by the board of aldermen or the selectmen. If the board of aldermen or the selectmen agree with the directors upon a route different from that designated in the application, or fail within ninety days after the date of the filing of the application to agree with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the approval of the department, the directors or the board of aldermen or selectmen, within one hundred days after the date of the filing of the application, may apply to the department, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of constructing said railroad in such city or town, and no change shall thereafter be made by the directors in the grades or method of construction so determined without the written approval of the department after notice to the board of aldermen or selectmen and after public notice and a hearing. The department shall thereupon make a certificate setting forth the route as fixed by it, which route shall be certified by its clerk to the directors. In fixing such route the department shall not locate it longitudinally upon any public way or place in such city or town without the consent of the board of aldermen or the selectmen. That part of the route consisting of a location longitudinally upon a public way or place shall not be deemed to be fixed until all requirements imposed in respect of it by the board of aldermen, or the selectmen, are approved in writing by the department. If the route in any city or town, as fixed either by the board of aldermen or selectmen, or by the department, in the manner hereinbefore provided, is different from the route designated in the application of the directors and if said change of route in the opinion of the directors makes it desirable to change the route of said railroad in any of the other cities or towns through which the route of said railroad passes, or if the directors deem it desirable to change the route of the railroad so as to pass through any cities or towns not named in the agreement of association of said railroad company or to change the route so as no longer to pass through certain cities or towns where the directors have applied to have the route fixed, then the directors may at any time before the route in all the cities and towns is finally fixed, or within thirty days thereafter, apply to the department for leave to apply again to the board of aldermen or selectmen of any cities or towns to fix a new route other than that originally applied for within such cities or towns or to apply to the board of aldermen or selectmen of any cities or towns not named in the agreement of association of said railroad company to fix a route of the railroad passing through such cities or towns, or for leave to abandon the route in any cities or towns where the directors have applied, as aforesaid, to have the route fixed. With such application to the department the directors shall file a map and general profile showing the change in the route as proposed, which map and general profile shall be in the same form as those filed under section seven, and the directors shall also furnish such additional information as the department may require. The department shall give a public hearing upon such application after giving such notice to the directors and to the board of aldermen or selectmen of such cities or towns as it deems requisite. If the department authorizes the directors to apply to any cities or towns to fix a route other than that designated in the original application, then all proceedings theretofore taken in regard to fixing the route in such cities or towns shall become null and void, and the directors shall, within sixty days thereafter, again apply to the board of aldermen of such cities and to the selectmen of such towns to fix anew the route of the railroad in such cities or towns, and with such application shall file a copy of the maps and general profile of such proposed altered route, and, upon request, the other information presented to the department. The proceedings thereafter upon such application shall be as provided for an original application. If the department authorizes the directors to apply to any cities or towns not named in said agreement of association to fix a route of the railroad passing through said cities or towns, then the directors shall, within sixty days after the granting of such authority, apply to the board of aldermen or selectmen to fix the route of the railroad in such cities or towns. Said application shall be made in the same manner and the proceedings thereon shall be the same as in an application to fix the route of the railroad to the board of aldermen or selectmen of a city or town originally named in the agreement of association of such railroad company. If the department authorizes the directors to abandon entirely the route in any cities or towns where the directors have applied, as aforesaid, to have the route fixed, then any action taken in regard to fixing the route in such cities or towns shall become null and void, and the railroad company shall be under no obligation to construct its railroad therein. The order of the department authorizing the directors to apply for a route of the railroad in any city or town not named in the agreement of association or the order of the department under which the route in any cities or towns is abandoned, shall operate as an amendment to the clauses in said agreement of association which name the cities or towns where the railroad is to be located, and the termini thereof, and a certified copy of said order shall be attached to the agreement of association.

M.G.L. c. 162, § 10 Location upon public way or place

c. 162, § 10. Location upon public way or place Section 10. If the board of aldermen or the selectmen deem public convenience and necessity require the railroad to be constructed in part longitudinally upon a public way or place, they may, in granting or agreeing to a location thereon, prescribe how the tracks shall be laid, the kind of wires, poles, rails and other appliances which shall be used, and may impose such terms, conditions and obligations incidental to and not inconsistent with the objects of a street railway company as the public interests may require, and the department approves.

M.G.L. c. 162, § 11 Content of certificate of incorporation

c. 162, § 11. Content of certificate of incorporation Section 11. The certificate of incorporation issued by the state secretary to the company shall contain the words, ''electric railroad companies'', instead of the words, ''railroad corporations''.

M.G.L. c. 162, § 12 Commencement of construction

c. 162, § 12. Commencement of construction Section 12. If an electric railroad company, incorporated under this chapter, does not begin the construction of its railroad and expend thereon at least ten per cent of the amount of its original capital stock within two years after the date of its certificate of incorporation, and does not complete and open its railroad for use within four years after said date, its corporate powers and existence shall cease, unless the department, after public notice and a hearing, extends said time by a certificate, stating that it deems due diligence has been exercised by the corporation, and that public necessity and convenience require such extension.

M.G.L. c. 162, § 13 Extensions; date of completion and opening for use

c. 162, § 13. Extensions; date of completion and opening for use Section 13. If an electric railroad company, incorporated under this chapter, does not complete and open for use an extension within four years after the date of the authorization of the extension by the department, the power of the company to construct and operate the same shall cease, unless the department after public notice and a hearing, extends said time by a certificate stating that it deems due diligence has been exercised by the corporation, and that public necessity and convenience require the said extension of time.

M.G.L. c. 162, § 14 Common carriers of baggage and freight

c. 162, § 14. Common carriers of baggage and freight Section 14. An electric railroad company shall act as a common carrier of baggage, express matter and freight in such cases, upon such parts of its railroad, and to such extent, in any city or town as, after public notice and a hearing upon the petition of the president or a majority of the directors of the company or any interested party, the board of aldermen or the selectmen, or those exercising the powers of such board or selectmen, in such city or town, shall by order approve; provided, that a company shall actually engage in the business of a common carrier under this chapter only in such cases, upon such of the parts of its railroad, and to such extent, approved as aforesaid, as the department shall certify, after public notice and a hearing upon said petition, that public necessity and convenience require; and provided, that any company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the department, and shall also be subject to all laws relating to common carriers so far as consistent herewith and with said regulations and restrictions.

M.G.L. c. 162, § 15 Statutes applicable to electric railroads

c. 162, § 15. Statutes applicable to electric railroads Section 15. An electric railroad company shall be subject to sections twenty-five, forty, forty-two, forty-six, forty-nine, fifty, seventy, seventy-one, seventy-seven to ninety-eight, inclusive, one hundred to one hundred and three, inclusive, one hundred and twenty-nine to one hundred and thirty-one, inclusive, and one hundred and forty-one of chapter one hundred and sixty-one and section one hundred and two of chapter two hundred and sixty-six.

M.G.L. c. 162, § 16 Statutes not applicable to electric railroad

c. 162, § 16. Statutes not applicable to electric railroad Section 16. An electric railroad company shall not be subject to the following provisions of law relative to railroad corporations contained in chapter one hundred and sixty: so much of section twenty-two as refers to tracks laid longitudinally within the limits of a public way; so much of section forty-one as applies to grain elevators; sections sixty-five to sixty-seven, inclusive, and sections one hundred and thirty-eight, one hundred and fifty-one, one hundred and fifty-two, one hundred and sixty-eight to one hundred and seventy-one, inclusive, and two hundred and twenty-seven; but the department shall prescribe rules and regulations relative to the equipment of cars, the ringing of bells, the sounding of whistles and the giving of signals, for the prevention of accidents.

M.G.L. c. 162, § 17 Elevated structures, recovery of damages for additional servitude

c. 162, § 17. Elevated structures, recovery of damages for additional servitude Section 17. The location, construction, maintenance or operation of said lines of railroad in so far as the same are located longitudinally upon an elevated structure upon a public way or place shall be deemed an additional servitude, and shall entitle parties having an estate in such public ways or places, or in premises which abut thereon, and who are damaged by reason of such location, construction, maintenance and operation, to recover such damages from the electric railroad company under chapter seventy-nine.

M.G.L. c. 162, § 18 Standing or walking on track; penalty

c. 162, § 18. Standing or walking on track; penalty Section 18. Whoever without right knowingly stands or walks on an electric railroad track not within the limits of a highway shall forfeit not less than five nor more than fifty dollars.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter162Fetched: 10/20/2026