When can a Mississippi city pay to maintain a sewer grinder pump that sits on a homeowner's private property?
Subject
Maintenance of Grinder Pumps on Private Property
Recipient
Chelsea H. Brannon, Esq., Attorney, City of Madison
Plain-English summary
The City of Madison's attorney asked the AG for a clean test for when a city can pay to maintain a grinder pump that sits on a homeowner's private property. Past AG opinions had used the phrase "integral part" of the municipal sewer system as the trigger for using public funds, and Madison wanted a definition or a checklist. The AG declined to provide one. There is no legal definition of "integral part," and no factor list. The phrase is just shorthand for the underlying rule, which is that a city may not spend public money on private property "for the sole purpose of benefitting one landowner." That bar comes from the Mississippi Constitution's general prohibition on public-funds-for-private-purposes, expressed through prior AG opinions like Brannon (Dec. 21, 2012) and Snowden (Feb. 12, 1999).
A city may, however, install and maintain a grinder pump on private property when (1) the city has made a factual determination that the pump is necessary to the functioning of the municipal sewer system, not solely for the benefit of the private owner, and (2) the city has obtained a proper easement. The "necessity" finding is fact-specific; the AG would not give Madison a list of considerations.
The opinion declined the follow-up questions about previously installed pumps without explicit "integral part" findings, treating those questions as moot once the test for using public funds was clarified. The final question, about returning maintenance to the homeowner under an agreement, was a factual contract question outside the AG's opinion authority.
What this means for you
City attorneys and public works staff
Build the file. For each pump that the city is maintaining or proposes to maintain, document (a) why the pump is necessary for the sewer system to function (capacity, terrain, neighborhood-wide service, etc.), (b) the source of the easement, and (c) the board's findings, in minutes. The "integral part" phrasing is fine to use, but the legal load is being carried by the necessity finding, not the label.
Mayors and aldermen
If you are voting to extend or assume grinder-pump maintenance, the resolution should explain why the pump serves the system. A bare "the city will maintain this pump" resolution is exposed. State Auditor reviews are looking for the necessity finding plus the easement.
Homeowners with grinder pumps
If your pump primarily serves only your house and would not exist but for your service line, the city is on shaky ground paying to maintain it. Talk to the city about the easement, the city's necessity finding, and where the city's responsibility ends. If you believe the city is paying for what should be your maintenance (or vice versa), get clarity in writing.
Developers building on terrain that needs grinder pumps
If your subdivision design requires grinder pumps to make sewer service work, work with the city early to get the necessity finding and easements in place during platting, not after houses sell. Trying to retrofit easements once the homes are occupied is harder.
Citizens and journalists
This is a recurring source of municipal-finance friction. Cities routinely take on grinder pump maintenance as a public works convenience, but state law treats it as a public-funds-for-private-property question. The AG's answer here is essentially: it depends, and the city has to show its work.
Common questions
What is a grinder pump?
A grinder pump is a pump-and-grinder unit that lifts wastewater from a low-lying property into a pressurized sewer line, when gravity flow is not feasible. It sits on the homeowner's land but typically connects to the city's main.
What does "integral part" actually mean?
It is not a legal term of art. The AG made clear it is shorthand for "necessary to the functioning of the municipal sewer system." There is no fixed test.
Does the city need an easement before spending money on the pump?
Yes. The opinion repeatedly says easement plus necessity finding. Both are required.
Can the city write a single ordinance saying it will maintain all grinder pumps in the city limits?
The AG did not bless that approach. The necessity finding has to be made for the pumps; a blanket "we maintain all grinder pumps" rule does not carry the necessity weight unless the underlying analysis exists for each pump.
What if the city has been maintaining a pump for years without a finding?
The opinion calls those questions "moot" once the test is clarified, meaning you have to either make the finding now (looking forward) or stop maintaining. Talk to your municipal attorney about the cleanest cleanup.
Can the city hand the pump back to the homeowner?
Yes, by agreement. The AG noted the terms of any handover are a contract question between the city and the property owner, outside the AG's opinion-issuing authority. Use a written agreement that addresses the timing, the condition the pump should be in at handover, and any one-time service work the city will do before transferring.
Background and statutory framework
Section 21-27-23 authorizes a municipality to create and maintain a municipal sewer system. The AG has consistently parsed this authority as covering main lines, with property owners responsible for service lines from the connection point to the residence. See Snowden (Feb. 12, 1999). When pumps or lines must sit on private property, prior AG opinions like Brannon (Dec. 21, 2012) require a finding that the pump is part of the overall plan to provide present and future utility service, plus a proper easement.
The constitutional backdrop is that public funds cannot be expended for private purposes. Article IV, Section 95 of the Mississippi Constitution prohibits the donation of public property to private parties. Although the opinion does not cite that section by number, the rule that public expenditure must serve a public purpose is what makes the necessity finding indispensable.
Citations
- Miss. Code Ann. § 21-27-23 (municipal authority to create and maintain a municipal sewer system)
- MS AG Op., Snowden (Feb. 12, 1999) (city responsible for main, property owner for service line)
- MS AG Op., Brannon (Dec. 21, 2012) (necessity-and-easement test for utility lines on private property)
- MS AG Op., Baker (July 19, 2001) (origin of "integral part" phrasing in grinder pump context)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/06/C.Brannon-June-29-2023-Maintenance-of-Grinder-Pumps-on-Private-Property.pdf
Original opinion text
June 29, 2023
Chelsea H. Brannon, Esq.
Attorney, City of Madison
Post Office Box 40
Madison, Mississippi 39130-0040
Re:
Maintenance of Grinder Pumps on Private Property
Dear Ms. Brannon:
The Office of the Attorney General has received your request for an official opinion.
Background
In your opinion request, you state that you are seeking guidance on determining if a grinder pump
serving an individual residence is an "integral part" of a municipal sewer system, thus allowing
the municipality to expend public funds on and maintain a grinder pump located on private
property. Your request cites several prior opinions, including one that states that a pump and
grinder force main, "as integral parts of the municipal sewer system, may be maintained by the
municipality, assuming appropriate rights-of-way have been obtained for such purposes." MS AG
Op., Baker at *1 (July 19, 2001).
Questions Presented
- How does your Office define "integral part" of the municipal sewer system?
- Is there a list of factors or criteria that the City of Madison ("City") should consider in
determining if a grinder pump is part of the municipal sewer system or, instead, the
responsibility of the individual property owner? - If the City previously obtained an easement to maintain a grinder pump, but did not at the
time make a finding that the pump was an "integral part" of the sewer system, may it make
that finding now and continue to maintain the pump? - If the City previously obtained an easement to maintain a grinder pump, but cannot under
the guidance provided in this Opinion find that the pump is an "integral part" of the
municipal sewer system, may it continue to maintain the pump under the existing
easement? - If, based on the guidance provided from this request, the City determines that it is no longer
proper to maintain a grinder pump, can the City enter into an Agreement with the property
owner, designating a specified time to return the maintenance to the property owner?
Brief Response - There is no legal definition of an "integral part" of a municipal sewer system. In order for
a municipality to expend public funds to install and maintain grinder pumps on private
property, the municipality must make the factual determination that the grinder pumps are
necessary to the functioning of the municipal sewer system and not for the sole benefit of
the private property owner, and obtain the appropriate easements. - Generally speaking, the municipality must determine that the grinder pumps are necessary
to the functioning of the municipal sewer system and not for the sole benefit of the private
property owner. However, there is not a list of factors to be considered. This is an individual
factual determination and would vary on a case-by-case basis. - The response to Question 1 renders this question moot.
- The response to Question 1 renders this question moot.
- Whether and how the City returns the maintenance of a grinder pump to a private property
owner turns on a determination of fact to be made by the City and would depend upon the
specific agreement between the parties. This question cannot be addressed by official
opinion.
Applicable Law and Discussion
As an initial matter, in the Baker opinion that you cite in your opinion request, the background
facts provided by the requestor assert that the grinder pumps in question "are essential to the
integrity of the overall sewer system." Baker at 1. In Baker, the phrase "integral part" as used in
the legal analysis appears to be used synonymously with the requestor's phrase "essential to the
integrity." Id. However, neither phrase is intended to be a term of art with respect to determining
whether a municipality can expend public funds for the maintenance of a grinder pump on private
property.
Pursuant to Section 21-27-23 of the Mississippi Code, a municipality is authorized to create and
maintain a municipal sewer system. This office has consistently opined that "[a] municipality has
authority to maintain the main sewer line to the point of connection with the service line, and the
property owner has responsibility to maintain the service line from the point of connection with
the main line to the residence." MS AG Op., Snowden at 2 (Feb. 12, 1999) (internal citations
omitted). A municipality may not construct or maintain a sewer line "on private property for the
sole purpose of benefitting one landowner." MS AG Op., Brannon at 3 (Dec. 21, 2012). However,
"a municipality may construct a water line on private property, subject to proper easement, when
such construction is part of the overall purpose and plan of providing present and future utility
service to the general public." Brannon at 3 (internal citations omitted). With respect to grinder
pumps specifically, this office has consistently opined that if the municipality has made the factual
determination that the grinder pumps are necessary to provide municipal sewer services to
residences, the municipality may install and maintain the grinder pumps on private property
pursuant to the authority in Section 21-27-23. Brannon at *3 (internal citations omitted). This
remains the opinion of this office. Accordingly, in order for a municipality to expend public funds
to install and maintain grinder pumps on private property, the municipality must make the factual
determination that the grinder pumps are necessary to the functioning of the municipal sewer
system, and not for the sole benefit of the private property owner, and obtain the appropriate
easements.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:
/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General