Nyttefordeling i jordskiftelova1Artikkelen er basert på forfatternes masteravhandling ved NMBU 2018: En studie av nyttefordeling i jordskifteloven, Institutt for landskap og samfunn.
- Side: 4-19
- DOI: https://doi.org/10.18261/issn.2535-6003-2019-01-02
- Publisert på Idunn: 2019-03-20
- Publisert: 2019-03-20
The Norwegian Land Consolidation Act (LCA) section 3-18, which is referred to as “protection against loss”, is one of three main conditions for implementing a land consolidation settlement. The land consolidation settlement shall not result in costs or other disbenefits that are greater than the benefits, cf. Section 3-18. However, the LCA does not lay down further rules for quantification, distribution or control over benefits generated from a land consolidation settlement. The term ‘benefit’ appears in LCA section 7-6, which determines that the Land Consolidation Court should allocate the costs in accordance with each party’s individual benefit. This article examines benefits in 25 land consolidation cases, seeks to illustrate how the benefits are distributed, and how this is reflected in the allocation of costs. The purpose is to investigate a practical topic and phenomenon that has previously only been dealt with to a minor degree.Key words: land consolidation, land consolidation act, benefit distribution, Section 3-18