Mass. Gen. Laws ch. 252, § 15: Construction of improvements

Section 15. A town or person owning low land, ponds, swamps, quarries, mines or mineral deposits, which, on account of adjacent lands belonging to other persons or occupied as a highway, cannot be approached, worked, cultivated, drained or used to advantage in the ordinary manner without crossing such land or highway, may construct roads, drains, ditches, tunnels and railways thereto and, when the construction of such improvements is required by public convenience and necessity, may take the land of such other persons for the location of such improvements as hereinafter provided.