Road extension case may be brought as a land consolidation case

The owners of a residential property brought a case for land exchange to the Land Consolidation Court in order to have their access road onto a neighboring property extended in exchange for ceding other land from their property, see section 3-4 of the Land Consolidation Act. The Supreme Court, having conducted an oral hearing, found like the previous instances that the petitioner in such a case had to be able to choose between applying for a land exchange and expropriation in accordance with section 53 of the Roads Act. Neither the wording of the two provisions nor the preparatory works provided any evidence that expropriation was the only option. Nor was such a result rooted in Article 105 of the Constitution or the principle of legality. The appeal against the Court of Appeal's order was dismissed.

Read the whole judgment (Norwegian only)

Areas of law: Land consolidation, section 53 of the Road Traffic Act, Articles 105 and 113 of the Constitution.

Key paragraphs: 32, 34, 38, 46, 54‒56

Justices: Indreberg, Bull, Arntzen og Høgetveit Berg og kst. dommer Remen