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City attorney: owners may keep outbuilding over sewer but must accept risk; council to draft notice
Summary
After city crews found a sewer line under an outbuilding, the council voted to have the city draft a notice that owners must sign acknowledging the structure sits over a city sewer and that the city is not responsible for private building damage; the motion passed by voice vote.
The Lonoke City Attorney told property owners that a recently erected outbuilding sits above a city sewer and that, under current city code, structures may remain in place but are built at the owners27 risk.
"Our code allows you to build on top of utilities, but you just have the risk of that," the City Attorney said, adding the council could choose whether to require removal but that the city typically would repair its sewer and not be liable for damage to the private building. "But just that you guys have to know that you built it at your own risk on top of our sewer."
A resident who identified himself as an owner described prior conversations with a city worker and a plumber and said city crews later located the sewer in a place different from recorded easements. He told the council that a worker who inspected the site told him the pipe was "25 feet deep," and that recorded title and easement documents did not show a sewer where the crew found it.
"I did call Thomas and, hey, man, let's find this thing," the resident said, describing his efforts to locate the manhole and the title search he and his wife performed. He urged the council to clarify records for future owners.
A city staff member and council supporter urged property owners to always call 811 before digging and recommended the council move forward with a written acknowledgement that would allow the outbuilding to remain but require owners to notify future buyers of the condition. The staff member moved that the council prepare a letter for the homeowners to sign so they would not have to move the building; the motion was seconded and carried by voice vote.
Council members asked whether the unrecorded sewer might run east–west across multiple parcels and how far repair work might restrict future use. The City Attorney said the city may have an easement by long-standing use even if it is unrecorded and that he would draft a letter that aims to be fair to both the city and the owners, but he warned he could not act as the owners27 private lawyer.
The council also asked staff to mark the sewer location in municipal files so future permit reviews reflect the line27s actual position. The City Attorney said he would prepare proposed language for the notice and bring it back to the council.
Next steps: the City Attorney will draft the acknowledgement letter for council review; no formal ordinance or relocation requirement was adopted at the meeting.
