The legal basis for line owners in road areas

Student thesis: Master thesis (including HD thesis)

  • Anja Vestergaard Madsen
  • Henriette Liisberg-Larsen
  • Christian Holmgaard Graversen
This masters' thesis concerns a section in the Danish Act on Public Roads called 'gæsteprincippet'. The section concerns that line owners can place lines in a public road area without having to pay. When it is necessary to move lines placed in the public roads due to roadworks the line owners must pay for this. The line owner is therefore in some way 'guest' in the road area. The issue in the thesis is, that the legal status of the line owners is vague, based on the legislation. The main question of the problem formulation is therefore which road works cause that the line owners must pay. Based on a series of case studies of administrative practice and case law an analysis is made. The main part of the analysis deals with lines placed in the public road area and in which cases the line owner must pay for a removal. Additionally the line owners' legal status when their lines are placed in private shared road areas, private areas and railway areas is analysed. The results of the analyses show that practice is shifting towards an expanded scope and therefore the section applies to additional situations that are considered serving a road purpose. Practice has shifted from being based on the fact that the roadworks must serve road technical purposes in benefit of the road users to the fact that the section will also apply by establishment of preventive measures due to the influence of the road on its surroundings. In addition the analysis has proved that although it is an external project that results in roadworks, the lines also have to be moved at the line owners' cost, if the work changes the appearance of the road.
LanguageDanish
Publication date2006
Number of pages232
Publishing institutionAalborg Universitet
ID: 6142261