16 MASS. EXPERIMENT STATION BULLETIN 349 



vested in the department of public works, and it may trim, cut or remove such 

 trees, shrubs and growths, or license the trimming, cutting or removal thereof. 

 No such tree, shrub or other growth shall be trimmed, cut or removed by any 

 person other than an agent or employee of the department, even if he be the owner 

 of the fee in the land on which such tree. shrub or growth is situated, except upon 

 a permit in writing from the department. Any person injured in his property 

 by the action of the department as to the trimming, cutting, removal or reten- 

 tion of any such tree, shrub or other growth, may recover the damages, if any, 

 which he has sustained from the commonwealth under the eminent domain law. 

 (G. L. (Ter. Ed.), c. 79). What I have previously stated with respect to the 

 damages to land owners applies to damages which may result in the case of the 

 trimming, cutting or removal of shade trees on state highways. ^^ 



In 1936, the Legislature authorized the department of public works to accept 

 in behalf of the commonwealth from owners of land included in a strip one hundred 

 feet deep bordering on a state highway voluntary gifts by deed or will of ease- 

 ments in such lands, giving the commonwealth the right to enter thereon at any 

 time and in any manner for the purpose of landscaping such land by removing 

 therefrom or re-arranging thereon vegetable growths and surface minerals, by 

 setting out and planting thereon vegetable growths, by depositing thereon 

 minerals, by re-arranging the contours of the land when deemed advisable, or 

 b}' any or all of the foregoing methods. The department was further authorized 

 to improve lands in which easements were so granted, "so as to carry out a com- 

 prehensive plan of highway- beautification, artistic landscaping and scenic develop- 

 ment, to the extent appropriations are available therefor." ^'^ 



Penalties 



The Legislature has not onh- provided a very definite procedure relative to the 

 care, control, trimming, cutting or removal of public shade trees, but it has also 

 provided substantial punishment for infraction of other provisions of chapter 

 87, such as the affixing to a tree in a public way or place, a notice, sign, adver- 

 tisement or other thing, whether in writing or otherwise, or the cutting, painting 

 or marking such trees, except for the purposes of protecting them and the public 

 and under a written permit from the officer having the charge of such trees in a 

 city or from the tree warden in a town, or from the department of public works 

 in case of a state highway. The penalty provided is a fine of not more than 

 fifty dollars. The tree warden is required to enforce this statute, but if he fails 

 to act in the case of a state highway within thirty days after the receipt by him 

 of a complaint in writing from the department of public works, that department 

 may proceed to enforce this statute.^* Severe penalties are provided for the 

 trimming, cutting down or removing a tree, shrub or growth, within a state high- 

 way, or maliciously injuring, defacing or destroying any such tree, shrub or 

 growth ;^^ for the wilful, malicious or wanton cutting, destruction or injury to a 

 tree, shrub or growth which is not his own, standing for any useful purpose;'^ 



52G. L. (Ter. Ed.), c. 87, § 8. 



5»G. L. (Ter. Ed.), c. 81, § 13.\, added by St. 1936, c. 342. 



5<G. L. (Ter. Ed.), c. 87, § 9. 



55G. L. (Ter Ed.), c. 87, § 10. 



5«G. L. (Ter. Ed.), c. 87, § 11. 



