SD 354 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act relative to certain easements

This bill clarifies land ownership for Native American communities in Massachusetts by declaring that specific lots at Chappaquiddick, Dudley, Gay Head, Herring Pond, and Mashpee are owned in fee simple absolute, meaning owners have full rights to sell or transfer the property without restrictions. To ensure these owners can access their land, the legislation directs the superior court to create 40-foot wide easements for vehicle travel and underground utilities if no such access currently exists. These new easements would connect the private lots to the nearest public road, treating them as existing public ways for the purposes of local zoning and subdivision laws.
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