Sewage backups tend to make relationships between landowners and their municipal sewer authorities rather, well, messy.  When property is impacted by a sewer authority’s negligence, landowners would typically find a remedy in a trespass action.  However, a recent decision by the Commonwealth Court of Pennsylvania holds that repeated sewage backups may cause a de facto taking under the Pennsylvania Eminent Domain code, requiring compensation to the landowner.  This is yet another area of concern and possible liability for municipal authority operators.
Continue Reading Sewer Authorities Could Owe Compensation for Repeated Sewage Overflows