Mass. Gen. Laws ch. 253, § 1
Erection of mills and mill dams
Section 1. A person may, as hereinafter provided, erect and maintain a water mill and a dam to raise water for working it, upon and across any stream not navigable.
Massachusetts General Laws Chapter 253 — Mills, Dams and Reservoirs
Massachusetts · statute · Mass. Gen. Laws ch. 253 · 64 active provisions
Mass. Gen. Laws ch. 253, § 2
Dams; injury to existing mill; prohibition
Section 2. Such dam shall not be erected to the injury of a mill lawfully existing above or below it on the same stream, nor to the injury of a mill site on the same stream on which a mill or mill dam has been lawfully erected and used, unless the right to maintain a mill on such last mentioned site has been lost by ab…
Mass. Gen. Laws ch. 253, § 3
Height of water
Section 3. The height to which the water may be raised and the period of time for which it may be kept up in each year may be determined by jury.
Mass. Gen. Laws ch. 253, § 4
Overflow or injury to land; action for compensation; limitation; venue
Section 4. The owner or occupant of land which has been overflowed or otherwise injured by such dam may bring a civil action to obtain compensation therefor. Such action shall be commenced within three years next after the event complained of in the superior court for the county where the land or any part thereof lies;…
Mass. Gen. Laws ch. 253, § 7
Jury view of land
Section 7. Such action shall be tried by a jury and, if either party requires it, the jury shall, under the direction of the court, view the land alleged to be injured.
Mass. Gen. Laws ch. 253, § 8
Assessment of damages
Section 8. If the jury finds that the plaintiff has suffered the injury complained of it shall assess the amount of damages sustained within three years last preceding the commencement of the action and to the date of their verdict, taking into consideration any damage caused by the dam to other land of the plaintiff a…
Mass. Gen. Laws ch. 253, § 9
Height of dam; determination by jury
Section 9. If it is alleged in the plaintiff's complaint that the dam has been raised to an unreasonable height, or that it ought not to be kept up and closed during the whole year, the jury shall determine by their verdict how much, if at all, the dam shall be lowered and whether it shall be left open, and, if so, dur…
Mass. Gen. Laws ch. 253, § 10
Annual and gross damages; assessment by jury
Section 10. They shall also determine by their verdict what amount, if any, to be paid annually to the plaintiff, would be a just and reasonable compensation for the damages that may be thereafter caused by the dam, so long as it is used in conformity with the verdict; and also what amount in gross would be a just and…
Mass. Gen. Laws ch. 253, § 11
Plaintiff; right to elect gross amount
Section 11. The plaintiff may, within three months after the verdict has been recorded elect, by a writing filed in the clerk's office, to take the amount so awarded in gross, instead of such annual compensation.
Mass. Gen. Laws ch. 253, § 12
Gross amount; time for payment
Section 12. The owner or occupant of the mill or dam shall, within three months after such election, pay to the plaintiff or secure to his satisfaction said amount with interest from the date of the verdict. After the expiration of said three months, and until payment of said damages and interest, such owner or occupan…
Mass. Gen. Laws ch. 253, § 13
Annual compensation
Section 13. If the plaintiff does not file an election, as aforesaid, he and all persons claiming under him shall, so long as the dam is kept up and maintained, be entitled to receive from the owner or occupant of the mill the annual compensation so established by the jury, unless the amount is increased or diminished…
Mass. Gen. Laws ch. 253, § 14
Damages; lien on mill
Section 14. The person who is entitled to receive said annual compensation or gross damages shall have a lien therefor, from the time of the commencement of the original action, on the mill and mill dam with their appurtenances and on the land under and adjoining the same and used therewith; but such lien shall not ext…
Mass. Gen. Laws ch. 253, § 15
Recovery of damages; enforcement of lien
Section 15. Such person may recover, in contract in the superior court from the person who owns or occupies the mill when the action is brought, the whole amount due and unpaid for the three years last preceding, and costs, although the amount recovered is less than one hundred dollars.
Mass. Gen. Laws ch. 253, § 16
Sale on execution
Section 16. The execution issued on such judgment, if not otherwise satisfied, may, within thirty days after judgment, be levied on the land so subject to the lien; and the officer may thereupon sell, in the manner provided for the sale of land on execution, such land or so much thereof as is necessary to satisfy the e…
Mass. Gen. Laws ch. 253, § 17
Redemption
Section 17. A person who is entitled to the land so sold may redeem the same within one year after the sale, upon paying to the purchaser or to the person holding under him the amount paid therefor, with interest at the rate of twelve per cent a year.
Mass. Gen. Laws ch. 253, § 18
Costs
Section 18. The party prevailing upon such action shall be entitled to costs, except as otherwise provided.
Mass. Gen. Laws ch. 253, § 19
Remedies
Section 19. No action shall be maintained at common law for the recovery of damages for the erection, maintenance or use of a mill or mill dam, if a remedy therefor is provided in this chapter.
Mass. Gen. Laws ch. 253, § 20
Existing mills and dams; effect of this chapter
Section 20. This chapter shall not, except as herein expressly provided, affect the right to keep up, maintain and use any lawfully existing water mill and mill dam; but if the owner or occupant thereof makes any material change by raising the dam or by altering the machinery or the manner of using the water, so as to…
Mass. Gen. Laws ch. 253, § 21
Reassessment; new action
Section 21. If either party is dissatisfied with the annual compensation established by proceedings upon a civil action under this chapter or corresponding provisions of earlier laws, a new action may be commenced for the increase or diminution of such compensation or for ascertaining the gross amount of the damages, a…
Mass. Gen. Laws ch. 253, § 22
Reassessment; parties; time
Section 22. Such new action may be maintained by and against either of the parties to the original action or by and against a person lawfully holding under either of them, but it shall not be brought until the expiration of one month after the payment of the year last preceding was due.
Mass. Gen. Laws ch. 253, § 23
Costs; avoidance by offer to pay increased compensation
Section 23. The owner of the mill or dam may, within said month, offer in writing to the owner of the land any increase of said annual compensation; and if the owner of the land does not agree to accept it, but brings an action to obtain an increase, he shall pay the costs, unless he recovers a greater annual compensat…
Mass. Gen. Laws ch. 253, § 24
Costs; avoidance by offer to accept smaller compensation
Section 24. The owner of the land may, within said month, offer in writing to the owner of the mill or dam to accept a smaller amount than that established as said annual compensation; and if the owner of the mill or dam does not agree to pay such reduced compensation, but brings an action to obtain a diminution thereo…
Mass. Gen. Laws ch. 253, § 25
Offer to tenants
Section 25. Such offers may be made by or to the respective tenants or occupants of the land and of the mill or dam, in like manner and with like effect as if made by or to the respective owners, except that no agreement founded thereon shall bind said owners unless made with their consent.
Mass. Gen. Laws ch. 253, § 26
Acceptance of offer; effect
Section 26. If the offer so made by either party is accepted by the other, it shall establish the annual compensation to be thereafter paid, as if it had been established by a judgment in a civil action, if a memorandum of such offer and acceptance and of the agreement, signed by the respective parties or by persons au…
Mass. Gen. Laws ch. 253, § 27
Verdict; effect upon action for new damages
Section 27. If, upon an action by the owner of the land, the jury return a verdict that he is not entitled to any annual compensation, the judgment thereon shall not bar a new action for damages alleged to have arisen after such verdict and for compensation for damages thereafter sustained.
Page 1 of 3Next →