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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114132
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We live in ft. wayne, indiana. the city wants to extend

Customer Question

we live in ft. wayne, indiana. the city wants to extend sewer service to our area, claiming that the majority of the neighbors are in favor of the project. we are wondering if we can be exempt from the hookup with the grandfather clause, since we have lived here since 1967?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are bringing service into the area they can actually make everyone in that neighborhood connect to the service under their health and safety powers. There is only a "grandfather" right if the city agrees in advance to provide one. So, they do not have to grandfather any property to be exempt from the system. You can ask the city, but they do not have to grant your request to make sewer hookup optional and not mandatory.
As an aside, not even considering the legal perspective above, from the property value perspective, not connecting to the system when the neighborhood is connected will significantly decrease your property (could be by anywhere from $25,000-$60,000 decrease in property value).
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Customer: replied 2 months ago.
would it make a difference considering we were annexed into the city around the year 2000 and also my mother is 85 and the property could be sold for development in the next 15 years?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

Not really. The city can decide whether or not everyone needs to be hooked into the sewer system or whether to make it optional, that is their choice solely.

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