• Annie Noer Bay-Smidt
The Master thesis is a study of the road authority’s ownership and management of public roads cf. the Road Act’s (Vejloven) §§ 60, 80, 81 and 87. According to the Road Act’s § 60 landowners cannot obtain ownership off public road space. Where the landowner, in violation of the Road Act, makes permanent disposal for private purposes, there is an illegal trespass of the public road space. The Road Act’s §§ 80, 81 and 87 is intended to give the road authority the power to issue orders for private use that cannot be reconciled with road use, road safety and accessibility, at no cost for the road authority. The study is based on Chartered Surveyor Kenneth Poulsen’s article from Danish Road journal (Dansk Vejtidsskrift), December 2014. Kenneth Poulsen highlights three judicial orders of real estate law, and hereby questioning the road authorities, as well as valuation authorities, recognition of compensation for illegal disposal of public road space. Management considerations and compensation practice suggests uncertainty in relation to the andowners' right to compensation as a result of ordering removal of the illegal use because of road works or expropriation. The uncertainty arises from the permanent placement and actual use, where the road space is included as a part of the property. Such use cannot be legal according to the Road Act if not allocated pursuant dispensation cf. The Road Act’s § 80. However, there is continually a doubt to the practices exerted by the road authority and the valuation commissions, which recognizes ex gratia payment or compensation for “neighbor legal” disadvantages associated with demands of removal. The following study puts focus on a lawful issue, that seems to "distort" the intentions of the Road Act’s procedure and the Road Act’s regulations of public road space, and the road authority administration power to issue orders for illegal use cf. the Road Act’s § 81.The study identifies whether the road authority, by removal of the illegal permanent use, can be held liable and whether liability is carried by administrative considerations or supervisory duties, and what jurisdiction the valuation commissions have to grant compensation on the road space. Data assembly for the study is based primarily on interviews. There have been interviews and correspondence with eight professionals who has also assisted with literature, judicial order and images. The report is anonymous and I will therefore simply assign recognition and thanks to those who have taken the time for interviews etc. in association with the preparation of the report. I would also like to thank Chartered Surveyor Kenneth Poulsen, for his time and input in the making of the report.
Publication date14 Aug 2015
Number of pages67
ID: 217539169