FIG Peer Review Journal

Some Aspects of Norwegian Expropriation Input to Comparative Study of Chosen Expropriation Issues: Germany, Norway and Poland (4307)

Håvard Steinsholt (Norway)

Mr. Håvard Steinsholt
Associate Professor
Norwegian University of Life Sciences
Skogfaret 14
Ås
N-1430
Norway

Corresponding author Mr. Håvard Steinsholt (email: havard.steinsholt[at]umb.no, tel.: + 47 93446858)

[ abstract ] [ paper ] [ handouts ]

Published on the web 2010-01-14
Received 2009-11-19 / Accepted 2010-01-14

This paper is one of selection of papers published for the FIG Congress 2010 in Sydney, Australia and has undergone the FIG Peer Review Process.

FIG Congress 2010
ISBN 978-87-90907-87-7 ISSN 2308-3441
http://www.fig.net/resources/proceedings/fig_proceedings/fig2010/index.htm

Abstract

An initiative has been taken including researchers in Poland, Germany and Norway for presenting and comparing different compulsory acquisition systems. Norwegian law allows expropriation for public and even for many private purposes. The author discuss if structures of property and even topography and climate could be variables of importance to the discussion if even private purposes should legitimate expropriation. Norway’s use of expropriation is limited by a set of other principles, by procedural and political costs. Norwegian compensations are with a few exceptions based on economical loss as direct effect from the land acquisition: normalised marked value or capitalised loss of yield. Forms of profit chare or other valuation principles are exceptional in law, not openly used by courts, but probably occur more frequently by negotiations.

Keywords: Security of tenure; Access to land; Implementation of plans; Valuation; Legislation; expropriation; public use; compensation; market value

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