The validity of decision to refuse acquisition of a farm
Supreme Court judgment of 4 March 2011, HR-2011-476-A (case no. 2010/1716), civil case, appeal against judgment
Roger Frøholm (Counsel Anders Ryssdal) v. the state represented by the Ministry of Agriculture and Food (Counsel Erik Bratterud)
Justices: Skoghøy, Webster, Noer, Øie, Gjølstad
The case concerns the validity of an administrative decision of the County Agricultural Board in the County of Sogn and Fjordane, which rejected an application for a license to purchase an agricultural property where the license obligation had been imposed due to a breach of a statutory residence obligation. The main reason for the rejection was that the transferee did not intend to take up residence at the property. The County Board had found that the property must be deemed to be useable for agricultural purposes pursuant to the now-abolished conditions in section 1 of the Allodial Rights Act, although the case was a borderline case. A majority of the Supreme Court held that the decision of the County Agricultural Board must be repealed because the County Board had not exercised its discretion in accordance with the criteria specified in the (former) Allodial Rights Act section 27a, subsection 2, but in accordance with the general licensing criteria in section 9 subsection 1 of the Concession Act. The judgment was passed with dissenting votes (3-2).