Gondola lift in Voss - landowners entitled to compensation

In connection with appraisal proceedings following implementation of a zoning plan for a gondola lift, the District Court and the Court of Appeal had determined compensation to the landowners beneath the gondola lift who had not surrendered land to the facility. The distance in height between the properties and the gondola lift varied from 10 to 60 meters. The Supreme Court assumed that the extent of ownership into the airspace depends on how high up the landowner has an interest in exploiting his property, and the extent to which he, objectively, has a legitimate and reasonable interest in refusing activities or measures above his property. The landowner may thus normally oppose the installation of cables, funiculars etc. up to normal height for such installations. In the individual assessment, the Supreme Court agreed with the Court of Appeal that the gondola lift amounted to a qualified interference with the airspace above the properties. This implied that the landowners were granted status as a litigant party to the appraisal proceedings. The builders' appeal against the Court of Appeal's reappraisal was dismissed.

Read the whole judgment (Norwegian only)

Areas of law: Property law. Expropropriation.

Kay paragraphs: 55–57

Justices: Matheson, Bergsjø, Arntzen, Berglund, Høgetveit Berg