Q May a municipality reimburse its citizens for damages caused by sewer overflow as a result of negligent acts of its employees?

A Section 25-1-47 provides authority for a municipality to settle claims for which the municipality is liable. The Mississippi Tort Claims Act (MTCA) (Section 11-46-9) covers discretionary functions of government, and claims covered by MTCA may not be settled by a governing authority, as the governing authority is not liable for those claims. Whether the MTCA applies is a question of fact. If the governing authorities determine that the municipality is legally obligated for the claim and not exempt from liability under MTCA, it could settle the claim for property damage in accordance with Section 25-1-47. (Attorney Generalís Opinion to Smith, October 19, 2012)