An Act relative to certain easements
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill addresses easements on land previously set aside for Native American tribes in Aquinnah and Mashpee. It establishes that lots created for these tribes have full property rights and allows the superior court to create forty-foot wide easements for vehicular access and utilities if express easements are not already in place. The bill also clarifies that the Commonwealth does not have jurisdiction over tribal lands and specifically excludes federally recognized tribes and their future acquisitions from the act’s provisions.
Key provisions
- Creates forty-foot wide easements for vehicular access and utilities on public land for lots created for Native American tribes.
- Allows superior courts to establish easements if express easements do not exist.
- Specifies that lots created for Native American tribes are granted in fee simple absolute.
- Excludes federally recognized tribes and their future acquisitions from the act’s scope.
- Protects federal jurisdiction over tribal trust lands and tribal sovereign authority.
- Frontage of easements shall be determined by zoning or other local ordinances.
- Easements must provide sufficient frontage, width, and construction for residential use and utilities.
- The act takes effect upon passage.
Who is affected
- Native American tribes
- Landowners in Aquinnah and Mashpee
- The Commonwealth of Massachusetts
- Land banks
Bill text
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Sponsors
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2 on record
Primary sponsor
Joint Committee on State Administration and Regulatory Oversight
Cosponsor
David T. Vieira
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