The principles for valuation of agricultural and forest land

Justices: Indreberg, Matheson, Ringnes, Bergh, Lindsetmo

A property consisting of 27 decares of agricultural land and 136 decares of forest land had been revaluted under section 49 of Odelsloven (act relating to inheritance of such land) to NOK 13 million. Eighty-five decares of the forest land had been reserved for housing development in the municipality's long-term plan, and the appraisal therefore included an added value in the forest area with development potential of approximately NOK 10 million. The Supreme Court took as its starting point that the valuation should reflect that the property was mainly to be kept as agricultural land. The portion of the appraised value that could be linked to other exploitation had to be assessed individually, placing emphasis on the conditions for agricultural operation on the property. The is no basis in legislation or preparatory works for establishing an upper limit for how much of the appraised value may be linked to exploitation other than agricultural operation. In the individual assessment, it was decisive that the forest area with housing potential had little or no relevance to the operation of the agricultural area, so that the agricultural operation on the property could be continued. The appeal against the Court of Appeal's judgment, that had dismissed the appeal against the revaluation, was dismissed.