Mass. Gen. Laws ch. 161, § 149: Taking of railway by eminent domain

Section 149. Upon the request of the board of trustees of a transportation area established under this chapter the department shall take by eminent domain under chapter seventy-nine on behalf of such transportation area the whole property, or any part thereof, of a street railway which the company has ceased, for more than ninety days, to operate, provided that the department has determined that public necessity and convenience require the operation of such street railway, or part thereof and approves the taking, and provided also that the proposed taking has been approved by a majority of the voters, voting thereon, substantially in the manner provided by section one hundred and forty-five, in every city and town included within the transportation area.