The park principle did not apply to a small lot area zoned for a park

When selling a development area in Stavanger in 1993, the seller kept a small plot of land that had been zoned as a park. The plot was acquired by the municipality in 2020. The Supreme Court concluded that there was no basis for determining the compensation for the plot based on the so-called aligned district price [utjevnet strøkspris]. It had to be assumed that the zoning for a park was a condition for the development of the area in 1993, and thus also a premise for all plot sales. One had to assume that this was reflected in the price of the plots that were sold. Applying an aligned zone price would then imply that the landowner was compensated for the area twice. Consequently, the zoning had to be binding for the determination of compensation. The Court of Appeal's reappraisal, determining the compensation based on an aligned zone price, was set aside.

Read the judgment (Norwegian only)

Area of law: Expropriation law

Key paragraphs: 36-40

Justices: Øie, Bull, Bergsjø, Thyness, Sæther