Family Ordered to Connect to Public Water Supply

The town of Berkeley, N.J., enacted an ordinance that required property owners to hook up their buildings to a municipal water supply line within 90 days after it was made available and to permanently disconnect their private wells from their buildings' potable water supply. The Sterns owned real property in the town that was served by privately owned well water. The municipality ordered the Sterns to connect to the municipal water supply. They refused and brought this suit alleging that the mandatory connection requirement was unconstitutional because it was a taking of their property without just compensation and unlawfully forced them into an unwanted contract. The trial court ruled against the Sterns. The appellate court said that the challenged ordinance's goal of protecting the health, safety, and general welfare of township inhabitants was plainly in the public interest. The potential harms of private wells ‐ carcinogenic radon, salt from road‐salting stockpiles, pesticides, fertilizers, and bacteria‐laden waste ‐ amply justify government action to safeguard citizens. Mandatory connection to public water is a legitimate exercise of the police power, the court said. The court also concluded that the ordinance did not result in a compensable taking of the Sterns' property. The lower court decision was affirmed.