City reasserts prescriptive easement for Hunter's Crest Outlot D sewer line

City staff updated the council on a sewer line that crosses Outlot D in the Hunter's Crest development and said a legal review supports the city’s claim to a prescriptive easement.

Staff said the line was placed when the subdivision was platted about 18 years ago and that a 2018 legal review — reaffirmed in 2024 — indicates the city has prescriptive easement rights because the utility has been in place and open for more than 15 years. A staff presenter said the original plan anticipated road connections that would have led to moving the line; because that did not occur, staff will preserve and reassert prescriptive rights rather than relocate the pipe at city expense.

The city attorney explained prescriptive easement parallels adverse possession concepts and noted the presence of a manhole makes the utility ‘open and obvious,’ strengthening the city’s claim. If the developer requested relocation, staff said the city could use condemnation and then likely assess the developer for relocation costs, but staff emphasized it currently intends to preserve the easement.