Sami reindeer herders’ right of ownership to parts of Stjernøya in outer Finnmark
Supreme Court order and judgment of 28 September 2016, HR-2016-2030-A
2015/2370, civil case, appeal against order and
2015/2155, civil case, appeal against judgment
Stjernøy reindeer district
Per Mikkelsen Bals
Per Mikkelsen Buljo
Aslak Henrik Henriksen Buljo
Anders Mikkelsen Buljo
Mikkel Klemetsen Gaino
Klemet Anders Mikkelsen Bals (Counsel Geir Haugen and Counsel Andreas Brønner)
v.
Finnmarkseiendommen (Counsel Knut Helge Hurum and Counsel Kristin Bjella)
2015/2369, civil case, appeal against order
2015/2153, civil case, appeal against judgment
Johan Johansen Sara
Jørgen Johansen Sara
Per Olav Johansen Sara
Mikkel Johansen Sara
Anne Britt Sara
Johan Mathis Johansen Sara
Klemet Johansen Sara (Counsel Andreas Larsen and Counsel Anja Jonassen)
v.
Finnmarkseiendommen (Counsel Knut Helge Hurum and Counsel Kristin Bjella)
Justices: Arntzen, Indreberg, Bergsjø, Bergh, Stabel
A reindeer grazing district and a herder family, that for a years had used Stjernøya outside Altafjorden as summer grazing area, were unsuccessful with their claim that they were owners of parts of the island. The Supreme Court stated initially that the claimed rights could not be based directly on ILO Convention no. 169, but that principles of property law shall be applied on Sami terms. It was pointed out that the state had exercised rights of possession as owner to Stjernøya since the 1700s. Permanent settlers had also used the island’s uncultivated land resources. Hence, there were no sufficient grounds to establish a right of ownership on the basis of occupation. The usage had also not been sufficiently intensive and dominant to establish a right of ownership on the basis of immemorial usage. Deciding a money claim deriving from the alleged right of ownership fell outside the jurisdiction of the Uncultivated Land Tribunal for Finnmark.