Expropriation for a private road can be justified by the need for safe and convenient access to a residence

The owners of a residence in Askøy municipality outside Bergen wanted a right of way on their neighbor's property to improve access and parking on their own property. Gulating Court of Appeal granted them expropriation for a road under section 53 of the Road Act, emphasising the need for safe and convenient access to their own residence. The owner of the neighboring property appealed to the Supreme Court, arguing that expropriation may only occur if justified by societal interests and that such interests had not been demonstrated.

The Supreme Court concluded that the conditions for such a measure under section 53 of the Road Act were met. The provision must be interpreted to mean that expropriation may occur if the societal interests underlying the adoption of section 53 of the Road Act, such as the private need for a road, justify expropriation and outweigh the disadvantages for the person affected by the measure. The need for a road may be justified by considerations of traffic safety, traffic flow and safe and convenient access to one's own residence.

The ruling provides guidance on what is required for a measure under section 53 of the Road Act.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Justices: Bull, Høgetveit Berg, Steinsvik, Sæther, Lund

Area of law: Expropriation, the Road Act

Key paragraphs: 40, 47, 57, 62, 65