The Land Consolidation Act can be used to grant a right of use to existing road

Øyeren Strandpark AS owns a property in Indre Østfold and needs an access road to realise the development of new holiday homes on the property. The current access road to the plot is a private road, and the company therefore claimed a right of use to the road in exchange for compensation. The claim was made under section 3-9 of the Land Consolidation Act. The residents who currently use the private road argued that the case should be dismissed because chapter 3 of the Land Consolidation Act does not provide a basis for claiming such a right of use to the road, known as "innpåkjøp".

The Supreme Court concluded that section 3-9 of the Land Consolidation Act, which allows for "joint measures," provides a legal basis for such a claim. Neither the explicit provision for "innpåkjøp" in section 53 of the Road Act nor the principle of legality prevents the issue from being decided under chapter 3 of the Land Consolidation Act, as long as the conditions therein are met. The relationship between Article 105 of the Constitution, which grants the right to compensation for the expropriation of property, and incurred costs must be considered in connection with the Land Consolidation Court's hearing.

The ruling clarifies that section 3-9 of the Land Consolidation Act and section 53 of the Road Act can be used as alternative legal bases for claiming "innpåkjøp."

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

Area of law: Land Consolidation

Key paragraphs: 46, 55-58 

Justices: Bergsjø, Ringnes, Arntzen, Thyness, Lund