For you who are, or may be, involved in Nye Veiers grunnervervsprosess (process for land / property owners)
For you who are, or may be, involved in Nye Veiers grunnervervsprosess (process for land / property owners)
Grunnerverv is the process by which Nye Veier ensures the grounds and/or rights of the areas necessary to realize our road projects. Major road projects have implications for many. We have a great understanding that planning new roads can be perceived as a challenge by those affected.
Grunnerverv is a rule-controlled process that safeguards the landowner in a safe and proper manner. The rights of the property are secured by Norwegian Law.
Nye Veier is working with Grunnerverv in parallel with the preparation of a plan for the new road. That means that when there is a corridor set for the new road, for example, in a council part plan, we will be able to initiate the first contact for the reasons enlisted. Owners of residential and commercial properties that need to be redeemed will be prioritized and contacted first. The Grunnerverv process adapts to the time of construction start and security for final area requirements. In practice, this means that a lot of reasons for the assignment can start before the adoption plan is adopted.
When you are contacted by some of our people working with Grunnerverv that represent Nye Veier, different agreements may be concluded. This makes it possible to adapt to the phase in which the project is in, as well as to cater for any uncertainty. In the next drop down, the different types of agreements will be immersed.
When Nye Veier and property owner agree on the waiver and the amount of compensation, as well as any other terms, a written agreement is concluded. When the agreement is concluded, it means that the landowner agrees that Nye Veier may accord the property under the terms of the agreement. What is concrete and information related to the payout will be described in the agreement text.
Option agreement may be appropriate to use where it is at the time of uncertain which area it is necessary to acquire. The landowner will with such an option agreement accepting land waiver within a limited portion of the property. Nye Veier is then given a right, but no obligation to enter into the area covered by the agreement. If Nye Veier chooses to use the option, the agreement will be followed with a purchase contract offer.
Agreement on accession and agreed opinion (accession agreement, work permit)
In some situations, landowner accepts that the road is being built, but some clarifications are required around the compensation fixed-rate or conditions of the rest property. By entering into an agreement on accession, Nye Veier is given access to the necessary area so that the development can start, even if one does not agree on a final deal. The property owner still has the same rights to compensation after the conclusion of the accession agreement. If the parties do not agree on the compensation or other conditions, the compensation will be settled by a right of discretion (agreement opinion).
Decisions on expropriation
If we do not reach agreement on the accession of the ground, either because the landowner does not accept the area of the waiver or the replacement/compensation offer Nye Veier have provided, the expropriative decision will be made after the zoning plan is adopted.
Any property is unique. Therefore, the replacement amounts will also vary from case to case. Nye Veier wants to offer an amicable replacement that is assumed to not be lower than would be the result in a judgment. In other words: it should initially be more economically beneficial to conclude an agreement with Nye Veier than to go to a discretion.
The following starting points are based on the measurement of replacement amounts:
in cases where the landowner uses the residence of a year-round residence, the replacement will be the main rule of a retrieval value. This would, in most cases, be the residence's current market value, with the addition of suspected relocation and adaptation costs, as well as the calculated stamp duty and the withdrawal fee. In some cases, one may also be entitled to a higher substitute for being able to buy another property. Other homes (e.g. rental housing) are replaced by market value or usage value (capitalized net rental income). Redemption of housing outside of the ordinary basic business process will in some cases be relevant after a specific assessment based on, among other things, probable area requirements, the house owner's situation and the estimated time for the construction start. In such cases, the Expropriation Damages Act is not applicable. In such contexts, the compensation will be determined by market price as with an ordinary sale.
Part of the residential or commercial property
Compensation is calculated by the difference between the property's value before and after the waiver of the area.
In the cession of farmland it is common with metering of replacement according to the bruksverdiprinsippet (principle concerning value of use). This implies that compensation is given for loss of revenue, in that annual net revenue of the area is capitalized for all future.
Forest owners are generally given use compensation based on base and wait values, as well as net value of the timber. With base value is the present value of all future circulation in the forest. Waiting value is the value of the forest that is not ready to be cut down.
The so-called Norwegian skjønn (discretion) is necessary in cases where the landowner and Nye Veier do not agree on the land waiver or compensation.
Skjønn is a court proceeding in which the District Court or the Court of Justice stipulates the compensation in the first instance. In such matters, the right of judgment consists of a judge and usually four discretion members. In the first instance, the owners' necessary costs covered by the legal and technical assistance of Nye Veier at the discretion of the court.
When the state buys housing to be able to realise the road project, it is called boliginnløsning (residence redemption). Such processes can often be experienced dramatically for the subject. This is Nye Veier aware of and will, therefore, use time for these matters. The process of finding themselves a new place to live can take time. It is therefore essential that this process starts early so that the homeowner has plenty of time to sort it out. Nye Veier is not obliged to find a new residence for the property owners. In order to determine market value, a valuation of the residential property will be carried out. The determination of the market value can be done by the fact that two real estate brokers, one chosen by the homeowner and one of Nye Veier, and cooperate on a shared report. In some cases, it will be applicable for residential owners to use the accommodation in a transitional phase. Here is Nye Veier flexible, but it needs to be clarified in more detail from case to case.
Property rights stand strong in Norway. The term «full erstatning» ("full substitute") has a long tradition in case law and is also rooted in the Constitution. The guiding provisions for the Grunnervervs process are found in the laws of the Oreigation Act, the Expropriation Law, the Road Law with related regulations and in a number of court decisions. When the substitutions are to be determined, this is the basis for the negotiations that will take place with Nye Veier. Skjønnsretten (the right of discretion) will base its assessment on the same rules.
Nye Veier is very concerned with the ethics of cases regarding Grunnerverv. That means, in short, that all property owners should be treated according to the regulations and with the same necessary degree of respect.
Initially, the property owner has no claim to be entitled to cover costs for legal assistance in the case of amicable negotiations. In most cases where the agreement is concluded, it will also not be necessary to use an attorney. However, in some cases, legal guidance may be appropriate. Should the costs of necessary legal assistance be covered by Nye Veier, this must be clarified with Nye Veier in advance. This is to avoid that the property owner incurs costs beyond Nye Veier find necessary in relation to the nature and complexity of the case. The property owner is free to choose a lawyer himself, but it is important that the lawyer has sufficient competence, capacity and experience with Grunnervervs processes. Upon request, Nye Veier may disclose which lawyers are already engaged by other landowners in the project. Nye Veier has conditions that the property owners accumulate on one or a limited number of lawyers for the cost of a lawyer to be covered. In some cases, technical assistance may be required. This must be clarified with Nye Veier in advance.
If your property is directly affected by a road project, new roads for their reasons will refer early to get in touch with you to inform you about the further process of reaching agreement on necessary agreements. Regardless of the business process, it is important to keep up-to-date on plan processes that take place in your area and provide any notices for plans posted to public scrutiny.
You are entitled to compensation for your financial loss. Nye Veier is governed by regulations for the measurement of compensation for reasons offices. The replacement amounts will vary from case to case. Our goal is that we should be able to offer a substitute in an amicable agreement that is predicted to not be lower than the result would be judgement (skjønn).
If you do not agree with Nye Veier on the area of rejection or compensation, an expropriation decision will be made after the zoning plan has been adopted. It is the right of discretion to determine the compensation. This happens after the same regulations that new roads use in the amicable negotiations. You can get covered the costs of legal counsel from an attorney in conjunction with a judgment (skjønn).
On an overarching level of planing is often deposited a corridor where the road should go. A zoning plan shows in detail how the road will look like. It is not always easy to read the blueprints, and it is often first at construction start you get a final picture of the end result. The Grunnerverv process is usually carried out long before construction starts.
In a construction period, it can be challenging to be a neighbour of the construction. We understand how this can be a challenging experience. It follows from the regulations that you must find yourself in some drawbacks in a period of time. Nye Veier tries to adapt the works, so the disadvantages can be minimized. Nye Veier makes sure neighbours get a good dialogue during the construction phase. Often this will be done via a dedicated neighbour contact at the total contractor/builder.
There are guidelines for how noise shall be handled. If there is a basis for it, noise or noise-deflection wall will be built, or it may be necessary to take action on the residence to reduce noise. This process is not part of Grunnerverv process but will be handled by the Nye Veiers total contractor or a consulting firm.
The advisor to Nye Veier will contact you and ask for an inspection. On the inspection, they will map, among other things, the window type, thickness of walls, insulation and valves. From this, the advisor will propose action that must be done in order for the noise requirement to be good enough on your property. One of your patios should also satisfy the noise requirement.
Lars Håvard Verkland
Telephone:+47 975 11 662
Telephone:+47 911 69 663
Terje Lauvik Bjorheim
Telephone:+47 941 22 860
Ole-Terje Mosvold Pedersen
Telephone:+47 481 53 068