The department shall have the same power as aldermen, selectmen or road commissioners in relation to the purchase or taking of land to furnish materials for the construction, repair or improvement of public ways in the manner provided in section thirty-eight of chapter eighty-two; provided, that all contracts for such purchase and all takings by the department shall first be approved by the governor and council. Such purchases or taking shall not operate in any way to interfere with the control of the police departments of the various municipalities within the land so taken. Land taken under this section shall be held and used for no other purpose than as specified herein; provided, that the department may allow county, city or town officers to use materials from such land for the above specified purposes upon such terms as may be agreed upon. For this purpose the department may expend not more than five thousand dollars in any year. Any person sustaining injury or damage by any taking of land or rights in land under this section may recover compensation therefor from the commonwealth under chapter seventy-nine.
Massachusetts Legal Code