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Resident presses Lisle on whether water/sewer mains were deeded; staff agrees to review documents
Summary
A resident raised concerns at the Oct. 6 Village Board meeting that some water and sewer mains in Lisle may not have been legally transferred by deed or easement to Illinois American Water, and she urged the village to review permitting and ownership records.
A resident told the Village Board on Oct. 6 she has researched recorded documents and concluded Illinois American Water (IAW) may not hold deeds or easements for some water and sewer mains in Lisle, and she urged the village to review whether permits issued for utility work may have created liability.
Susan Sorell said she checked county recorder records and found no deeds of dedication, bill of sale or easement transferring ownership for older mains in the Oakview and Meadows neighborhoods. “If no such document exists at the county recorder's office… then there is no proof of transfer,” Sorell said on the record. She distinguished between a right‑of‑way permit (which she said only allows occupation of public ground) and legal ownership and added that a CPCN from the Illinois Commerce Commission gives service rights but “not automatic ownership of the existing pipes.”
Sorell further asserted that, where older mains were never deeded, ownership may remain with the homeowners and that cutting or damaging a main without consent could be “damage to private property.” She identified a set of easements she said Illinois American purchased around Maple Court and characterized those as deeded at the county recorder in 2020.
Sorell cited statutes and legal frameworks in her remarks, including the Illinois Tort Immunity Act, and told the board she would return to continue the discussion. Village Manager Cook responded that staff has been working with Sorell and that they will set up a time to review the documents and take copies.
No board action was taken during the meeting; staff indicated they will meet with Sorell to review the records and documentation she cited.
Why it matters: ownership and recorded easements determine repair responsibility, who may lawfully excavate or modify mains, and who could bear liability for damage to private property. Questions about whether permits were issued where ownership was unclear can affect potential claims against utilities or the village.
What the record shows: Sorell claimed absence of recorded transfers for older mains in certain neighborhoods, noted that a CPCN conveys service rights not ownership, and cited potential legal theories (negligence, taking without compensation, Illinois statutes). Village staff agreed to schedule a document review with the resident.
