Use of land held by trustees. Revised Laws, Chapter 88, § 2. SECTION 2. The land held by said trustees [of the Massachusetts state sanatorium] in trust for the commonwealth for the use of said sana1895, 503, § 2. torium shall not be taken for a street, highway or railroad without leave of the general court specially obtained. Location and R. S. 39, § 54. 1853, 351, § 1. 9 Met. 553. 4 Cush. 71. 17. Laying out Railroad. SECTION 73. A railroad corporation may lay out its railroad not more than five rods wide; and for the purpose of cuttings, embankments, and for procuring stone and gravel, and P. S. 112, 88. for obtaining land for stations, car houses, roundhouses, freight R. L. 1113$ 90. houses, yards, docks, wharves, elevators and other structures may purchase or take, in the manner provided in section seventy-eight, so much more land as may be reasonably necessary for the proper construction and security, and the convenient operation, of its railroad: provided, however, that the powers conferred upon the county commissioners by said section seventy-eight shall under this act be vested in the board of railroad commissioners. 2 Gray, 574. 4 Gray, 301. 14 Gray, 93, 553. 109 Mass. 527. 113 Mass. 277. 118 Mass. 391. 124 Mass. 368. 141 Mass. 481. 134 Mass. 14. 1906, 463, Part II, § 73, amended. Filing of the location. R. S. 39, § 75. G. S. 63, 18. §§ 3, 4. P. S. 112, R. L. 111, § 91. 161 Mass. 387. 167 Mass. 369. Amended. 1912, 725, Part II, § 2. Acts of 1912, Chapter 725, Part II, § 2. SECTION 2. Section seventy-three of Part II of said chapter four hundred and sixty-three is hereby amended by striking out all of the said section after the word "cuttings", in the third line, and inserting in place thereof the words: - embankments, and for procuring stone and gravel, and for obtaining land for stations, car houses, roundhouses, freight houses, yards, docks, wharves, elevators and other structures may purchase or take, in the manner provided in section seventy-eight, so much more land as may be reasonably necessary for the proper construction and security, and the convenient operation, of its railroad: provided, however, that the powers conferred upon the county commissioners by said section seventy-eight shall under this act be vested in the board of railroad commissioners, so as to read as follows: Section 73. [For § 73, as amended, see above.] SECTION 74. The corporation shall, within one year after the filing of the certificate of the clerk of the board of railroad 1874, 372. § 58. commissioners with the secretary of the commonwealth as pro1871;115; 2. vided in section seventy-one, file with the commissioners of each county through which the railroad passes the location of the railroad as laid out, defining the courses, distances and boundaries of such portion of it as lies within each county, certified by the clerk of said board, and in such form and with such other particulars as may be required by the rules of said board; and until such location has been filed, the corporation shall not enter upon or use any land or other property, except for making surveys. The supreme judicial court shall have jurisdiction in equity of any violation of the provisions of this section by any entry upon or use of lands. 127 Mass. 572. 141 Mass. 481. 143 Mass. 9. 146 Mass. 194. Location of purchased land. SECTION 75. The corporation may, within one year after it has purchased or acquired land for railroad purposes, file with R. L. 111, § 92. the commissioners of each county in which such land is situated 1895, 356. a location thereof, defining the courses, distances and bound- For rules of aries of such land and certified by the clerk of the board of filing locations, railroad commissioners in such form and with such other par- page 76.] ticulars as the rules of said board may require. the Board for see foot note, road may be 1833, 187, § 7. 1874, 372, § 59. R. L. 111, 1 Gray, 340 93. 109 Mass. 528. SECTION 76. A railroad corporation, having taken land for Direction of its railroad, may vary the direction of said railroad in the city varied. or town in which such land is situated; but it shall not locate R. S. 39, 73. any part thereof outside the limits of the route fixed under the G. S. 63, 38. provisions of sections twenty and twenty-one, without the con- P. S. 112, 90. sent in writing of the board of aldermen or selectmen, if it was fixed under the provisions of section twenty, or of the board of railroad commissioners, if it was fixed under the provisions of section twenty-one. The corporation shall, before the expiration of the time required for completing the railroad, file with the county commissioners the location of the different parts where such variations have been made; but the time for completing the railroad shall not be extended in consequence of such variations. of alignment. 161 Mass. 369. SECTION 77. A railroad corporation, with the approval in Improvement writing of the board of railroad commissioners, obtained upon 1887, 430. petition, and after notice to all persons interested, and a hear- R. L. 111, § 94. ing, may, for the purpose of improving the alignment of its railroad, change its location, subject to the provisions of this act relative to the fixing of the route of railroads, the laying out of the same and the taking of land and the payment of damages therefor. outside limits fixed. Limits of land of route, how 1835, 148, § 3. 1853, 351, § 1. 1874, 355, § 1; 1878, 135, § 2. R. S. 39, § 55. G. S. 63, § 19. 372, § 60. 1884, 134. 119 Mass. 516. 161 Mass. 387. SECTION 78. If a railroad corporation, for the purpose of making or securing its railroad or for depot or station purposes, requires land or materials outside the limits of the route fixed, or requires additional land for one or more new tracks adjacent to other land occupied by such corporation by a track or tracks already in use, and is unable to obtain it by agreement with the owner, it may apply to the county commissioners, who, P. S. 112, § 91. after notice to the owner, and a hearing, may prescribe the R. L. 111, § 95. limits within which it may be taken without his permission in 141 Mass. 481. the manner hereinafter provided; and the corporation shall, 213 Mass. 19. within one year after the decree, file with the commissioners of See 1912, 725, each county in which the land is situated, a location thereof, below. certified by the clerk of the board of railroad commissioners, defining the courses, distances and boundaries thereof, in such form and with such other particulars as the rules of said board may require. If highways, buildings, parks or cemeteries are [See 1884, 134, to be taken, the consent of the city or town in which the land highways.] is to be taken shall first be obtained; but nothing herein contained shall be construed as authorizing such taking, or altering the manner thereof, if said taking is otherwise prohibited or provided for by law. Acts of 1912, Chapter 725, Part II, § 1. Part II, § 1, 'public' SECTION 1. A railroad corporation is hereby authorized and empowered [See § 78, above.] to purchase or take, in the manner provided in section seventy-eight of Part II of chapter four hundred and sixty-three of the acts of the year Land outside limit taxable. 1853, 351, § 3. G. S. 63, § 20. 1874, 372, § 62. No prescrip- corporation. Rules as to form, etc., of records, etc. 1878, 135, § 2. R. L. 111, § 97. nineteen hundred and six, from time to time any lands or rights belonging to any other railroad or other public service corporation not necessary for the present business of such corporation or its business in the reasonably near future, provided that this act shall not authorize it to acquire by eminent domain any part of the location or right of way of any other railroad or street railway company except such lands or rights as the board of railroad commissioners shall adjudge necessary for the support, construction and repair of bridges or other methods of crossing such railroad or street railway. SECTION 79. Land outside the limits of the route fixed as aforesaid, which is taken or purchased for railroad, depot or station purposes shall not be exempt from taxation. P. S. 112, § 92. R. L. 111, § 96. 8 Cush. 237. 186 Mass. 128. SECTION 80. No length of possession or occupancy of land which belongs to a railroad corporation by an owner or occupier of adjoining land, shall create in him or in a person who claims under him a right to such land of the corporation. SECTION 81. The board of railroad commissioners shall, from time to time, prescribe rules relative to the form in which all P. S. 112, 93. records of locations of railroads shall be made, the particulars to be contained therein and the manner in which such records shall be uniformly kept for preservation and convenient reference in the offices of the clerks of the several counties. No such record shall be filed until the clerk of said board certifies thereon that it has been prepared in conformity with the rules of said board.* Prerequisites for taking land. 1881, 111, §§ 1, 4. Taking Land and Damages therefor. SECTION 82. No railroad corporation shall take, by purchase or otherwise, or enter upon or use, except for making surveys, any land or other property for the construction of its The rules prescribed by the Board of Railroad Commissioners, under sections 75, 78 and 81 of Part II., chapter 463 of the Acts of 1906, in regard to records of land purchased or acquired for railroad purposes, or of railroad locations, and the manner of keeping the same, are as follows: RULE 1. Location maps shall be made upon a scale showing not more than four hundred feet to the inch, upon cloth-backed paper, and shall be firmly bound for record in books eighteen (18) inches from top to bottom, and thirty (30) inches from back to front. RULE 2. Said maps shall show the courses of the tangents and the radii of the curves of the centre line of the railroad in question; the widths of land taken, specifying such width on each side of the centre line; also the courses of the division lines between the lots over which the location is made, and the distance between them on the centre line. When the land purchased or taken is entirely on one side of the centre line of location or outside the location, the description shall be so made as to tie the boundary lines of the lot to the centre line by lines, the courses and distances of which from a fixed point or points on said centre line shall be given. Where but one track is laid, the position of such track with reference to the centre line shall also be shown, in order that the boundaries of land may hereafter be determined by measurements from the track as laid, if the same shall not have been changed. Where two tracks are laid it shall be specified whether the centre line is the centre line of one of them or is midway between them. Note.- The courses called for above may be either magnetic or true, but the maps and descriptions must specify which are given. RULE 3. The description in writing must in all cases correspond with the map, and the two taken together must have the substantial certainty and precision of a deed. (2 Gray, 580.) RULE 4. The location shall be certified by the directors of the corporation, or by the president, if authorized by a vote of said directors. RULE 5. The location, when deposited with the clerk of the county commissioners, shall be kept for preservation and convenient reference in the office of said clerk, in a cabinet used exclusively for that purpose, and furnished with shelves sufficient to allow at least one separate shelf for the maps of each corporation owning a railroad within the county. RULE 6. A book shall be kept in the office of each clerk, in which shall be recorded the name of every location, the time when it was filed, and the shelf where it is deposited. RULE 7. No location after it has once been filed shall be taken from the office of the clerk for any purpose except upon the order of a court or other proper authority. §§ 94, 136. railroad or of any branch or extension thereof until the county P. S. 112, commissioners of the county in which such land or other prop- R. L. 111, § 98. erty is situated, after hearing the parties, have determined the manner in which the railroad shall cross the highways and other ways within such county, nor until it has obtained from the board of railroad commissioners the consent required by sections one hundred and seven and one hundred and eleven in all cases in which the county commissioners adjudge that public necessity requires the crossing at the same level; and notice of such hearing shall be given by publication for three successive weeks in one or more newspapers published in such county, the last publication to be at least seven days before the hearing. The supreme judicial court shall have jurisdiction in equity of violations of the provisions of this section. and damages 1833, 187, R. S. 39, 76. 1. 1. [SECTION 83. If a railroad corporation is not able to obtain Taking land, by agreement with the owner the land or materials necessary therefor. for its purposes as described in sections seventy-three, seventy- 1834, 137, four, seventy-six and seventy-eight, it may take the same. It 1835, 148, 3. shall pay all damages caused by laying out, making and main- §§ 55, 56, 63, taining its railroad, or by taking land or materials therefor; 1849, 153. and such damages, upon the application of either party, shall be estimated by the county commissioners in the manner provided with reference to the laying out of highways; and if it is intended to take land or materials, application may be made before the actual taking and appropriation thereof.] 1853, 351, G. S. 63, 1. 1854, 448, § 33. $ 19, 21, 36, 1874, 372, § 63. L. 117: 95. 39. R. R. L. 111, § 99. amended by Part II, § 3. Section 83. If a railroad corporation is not able to obtain & 83 as by agreement with the owner, the land necessary for the location 1912, 725, of its railroad as described in sections seventy-three, seventy-four and seventy-six, it may take the same, and for that purpose shall file with the board of railroad commissioners the location of the railroad which it desires to lay out and construct, defining the courses, distances and boundaries, in such form and with such plans and particulars as may be required by the rules of said board. The filing of the said location with the said board shall operate as a taking of the lands, buildings, rights, easements and property included and described therein, except as hereinafter otherwise provided. Within ten days after the filing of the said location with the said board, the corporation shall submit to the board of aldermen of every city, and to the selectmen of every town through which the route of a proposed railroad passes, a copy, duly certified by the clerk of the board of railroad commissioners, of so much of the said location as applies to that part of the said railroad which lies within the limits of such city or town. The board of aldermen or the selectmen shall thereupon appoint a time and place for a hearing in the manner provided by section nineteen. If the board of aldermen of such city, or the selectmen of such town, after notice and hearing as aforesaid, shall agree with the directors as to said location, or as to any location of the said railroad in that city or town, they shall in such agreement fix the route, and sign and give to the directors a certificate setting it forth, and shall make report of their action to the board of railroad commissioners within sixty days after the said copy has been submitted to them as hereinbefore provided. If they fail so to agree within sixty days after said corporation has submitted the location of the route to the board of aldermen or to the selectmen, the directors shall, within sixty days, petition the board of railroad commissioners to fix the route in that city or town, and the board, after notice to the board of aldermen or to the selectmen, shall forthwith hear the parties and, within ninety days, fix the route in that city or town, and shall make a certificate setting forth the route so fixed, which shall be certified by its clerk and the board of directors. The costs of the petition shall be paid by the corporation. The said board of railroad commissioners shall by order finally fix the location of the said railroad in accordance with the original location as varied in the said certificate, and within sixty days thereafter the corporation shall file with the county commissioners of each county through which the railroad passes a copy, duly certified by the clerk of the board of railroad commissioners, of so much of said location as lies within the limits of that county: provided, however, that the foregoing provisions relating to fixing the route by the boards of aldermen and by the selectmen or by the railroad commissioners shall not apply to an electric railroad company, the route of whose railroad has been previously fixed by the boards of aldermen and by the selectmen or by the railroad commissioners under chapter five hundred and sixteen of the acts of the year nineteen hundred and six and acts in amendment thereof and in addition thereto. The said railroad company having taken land for its railroad as aforesaid may vary the direction of said railroad in any city or town in accordance with the provisions of section seventy-six; but the location of parts where such variations have been made shall be filed with the board of railroad commissioners, and a copy thereof with the county commissioners of each county within which any such variation is made. If the board of aldermen of any city or the selectmen of any town whose consent is required to such change of direction shall neglect or refuse to give such consent within sixty days after the railroad company has in writing requested the same, the directors may petition the board of railroad commissioners for leave to make such change of direction. The powers conferred upon county commissioners by section ninety-two shall, under this act, be vested in the board of railroad commissioners. In so far as the said route, as finally fixed by the board of railroad commissioners, shall differ from the original location filed by the said corporation with the board, the original route shall be held to be abandoned, and the rights of all persons interested in so much of the said route as is included within the |