February 28, 2002
Re: Sewer extension inquiry
Dear City Clerk,
An MTAS consultant forwarded your email inquiry dated February 20 to me for analysis. It is my
understanding that your City wants to extend sewer lines and provide service to specific
properties located outside the city boundaries. You have asked whether, if the sewer lines and
service are extended to serve an elementary school located outside the municipality, the city
may be compelled to make the service available to others.
Although this specific issue has not been addressed by statute or court opinion, it has been
discussed by the Court of Appeals when determining other issues. In Chandler Investment
Company v. Whitehaven Utility District, 311 S.W.2d 603 (Tenn. App. 1957), the Court primarily
addressed the question of whether the owner of a subdivision located in a service district
protected by a franchise agreement could contract with another public utility for service. In
analyzing the question, the Court quotes extensively language found in volume 43 of American
Jurisprudence, including the following:
although a franchise ordinance provides that a water company need not extend its
water mains along any ungraded street or alley, still, if the company has voluntarily
extended its main along such street, it cannot refuse to supply a customer thereon, on
the theory that it was not compelled to build along that street in the first place.... the
utility cannot fix the limits of the proposed extension...
Chandler, at p. 612 (emphasis added is mine).
Tennessee Code Annotated ' 7-35-201(1) grants municipalities the right to compel property
owners of land located on streets or public ways containing sewer lines to connect to such lines.
Considering this grant of power, it is reasonable to assume that the Court would find that
property owners with land located next to service lines have the right to compel the city to permit
connection and require service. The language quoted above from the Chandler case supports
this conclusion.
It is therefore my opinion that if your City extends sewer services outside the city boundaries to
serve a particular property, the City may be forced to make such services available to other
property owners with land along the service line.
I hope this information is helpful. Please feel free to contact me should you have any further
questions regarding this issue.
Thank you for consulting with MTAS.
Sincerely,
Melissa A. Ashburn
Legal Consultant