When would a grandfather clause regarding a septic system apply?

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When would a grandfather clause regarding a septic system apply?

I have a rural home on 4 acres bought 17 years ago. I’m now being forced to hook onto sewer district. I did have a legal septic system until a “district” was organized. I’ve received 2 bills (haven’t paid them) and now they’re threatening me with shutting off my water and putting a lien against my home. I was informed that if “their” line ran within 100′ of my property, I had to hook up. Just so happens their closest connection is about 20′ way from my NE corner, and my house (septic in front yard) faces south in the SW corner. At $10/ft (plus $500 hook up fee) it will be a huge cost to me when I have a perfect working system already. Is there anything I can do to fight this?

Asked on October 19, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way for you to oppose the "district's" decree that you hook into their sewer system and abandon you septic system is to retain an attorney experienced with governmental matters involving utilities sooner rather than later.

Your question and the facts that you have written about need more specificity for me to direct you in how to resolve your predicament. For example, is the "district" an actual governmental entity form? Has your septic system been declared obsolete by any governmental entity requiring to be abandoned?

Under what basis are you being told to hook into the sewer system? Is there some general governmental ordinanace requiring all people in your district to hook into the sewer system or is it voluntary? What are your neighbors' positions about hooking up to the new sewer system?

Good luck.

 


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