Council discusses documenting downtown sewer lines, pursuing prescriptive easement

Sunman — At its April 21 meeting the Sunman Town Council heard staff describe unmapped sewer infrastructure behind several downtown buildings and agreed on next steps to document and, if defensible, pursue a prescriptive easement.

Public works staff told councilors the town's existing map (dated 2002) shows two manholes behind the row of buildings on West Washington that appear to form a main served by a buried 6-inch clay pipe. "Prescriptive easements are things that exist in when somebody's already using somebody else's property and there's been no effort made to stop them from doing it," the staff member said while explaining why documentation is needed before pursuing a legal claim.

Why it matters: staff said multiple addresses appear to tap into the same run, meaning the pipe functions as a main serving several properties; that raises a public-maintenance responsibility if the town can document continuous use. Councilors and staff agreed the town should not file for a formal notice or easement until it has stronger, camera-backed evidence and a clear record of where the pipe lies relative to property lines.

Evidence and gaps: staff reported a camera inspection encountered a grease blockage and could not reach the far manhole, limiting conclusive proof of continuity. "It looks like it's already there because your camera told you," a councilor said, arguing the footage and multiple taps strengthen the case for the line being a town main. Staff recommended jetting and clearing the line, re-running the camera, recording GPS coordinates for manholes and laterals, and preparing a written description to share with property owners before recording any notice.

Next steps and process: councilors asked staff to gather older maps, consult with colleagues about typical clearance and excavation requirements, and assemble a list of affected property owners. The council discussed sending formal written notice outlining the town's intent and options for owners, then reconvening to vote on recording a prescriptive easement if the evidence is "rock solid." No formal vote on an easement was taken at the meeting.

The meeting did not cite a specific statute by name. Staff said further technical checks — depth, clearance, exact distances from property lines, and whether any private improvements sit over the pipe — are needed to determine the correct legal and operational approach.