Carson v. Brockton Sewerage Commission

Background

A property owner in Brockton, Massachusetts challenged a city ordinance that required annual charges for using a common public sewer. The ordinance fixed an $8 annual rental for unmetered water service and thirty cents per thousand gallons for metered service, and allowed local commissioners to grant discounts. The owner had previously paid part of the sewer’s construction cost and argued he should not be charged further without notice or a hearing and that maintenance costs should be raised by general taxation. The state high court found the owners received a special benefit and upheld the local law.

Reasoning

The key question was whether the ordinance deprived the owner of property or denied equal protection under the Fourteenth Amendment. The Court said no. It explained the charge is a price for an optional privilege: a property owner may choose to connect and pay the rental or make no use and pay nothing. Because use was voluntary, prior notice or a hearing was unnecessary. The Court also held there was no taking of property and that legislatures may assess charges for special benefits so long as those charges are not grossly excessive. The United States Supreme Court affirmed the state court’s judgment.

Real world impact

Property owners whose private sewers connect to a public sewer can be required to pay annual or per-gallon charges set by local ordinance. Cities may set and change such rates without individual notice when use is optional, subject to limits against gross excess. Owners who dispute whether their sewer connects or how much sewage is measured can still seek resolution in the courts. Whether a state grants free ongoing use instead is a matter of state policy.