The owners of a residential property in Askøy municipality outside Bergen sought a right of way over a neighbour’s property in order to improve access to and parking on their own land. The Gulating Court of Appeal granted them expropriation rights for a road under Section 53 of the Roads Act (vegloven), placing emphasis on the need for safe and adequate access to their home. The owner of the neighbouring property appealed to the Supreme Court. He argued that expropriation can only take place where public interests justify it, and that no such interests had been demonstrated.
The Supreme Court held that the conditions for intervention under Section 53 of the Roads Act were met. The provision had to be interpreted to mean that expropriation may be granted if the public interests underlying the adoption of Section 53—namely private needs for road access—support expropriation and outweigh the disadvantages for the party affected by the measure. The need for road access may be justified by considerations of road safety, traffic flow, and safe and adequate access to one’s home.
The judgment provides guidance on the requirements for ordering expropriation under Section 53 of the Roads Act.
Source: Supreme Court
Martin Edelsteen Woll
mwoll@melo.no
+47 414 87 832
