Värdeåterföring genom medfinansieringsersättning

Sammanfattning: Since 2009 Swedish municipalities can contribute economically to infrastructural projects conducted by the national government. To better enable municipalities to fund state projects the act of co-financial reimbursement was passed in April of 2017. This new amendment means that municipalities now are able to extract co-financial reimbursement in conjunction with entering a land development agreement. The reimbursement requires that there is an increase in land values as a result of a state or inter-municipal infrastructure project. The reimbursement is supposed to be voluntary and cannot be required from the developer, and there has to be municipal guidelines in place before any agreement on this matter can be entered. It seems to be quite unclear how this new act can and should be used. In this paper, the authors examine how the new rules can be applied and whether there are any (unwritten) limits to their use. The investigation consists of a theoretical study and a case study. The conclusions of these investigations are that the use of the new rules is limited in several ways, for instance municipalities cannot demand that the developer pays co-financial reimbursement and have to give them some sort of advantage if they chose to enter into such an agreement. The negotiations are supposed to be rather unregulated to give the parties an opportunity to adjust the agreement according to their personal needs and the unique conditions present in each land development project. Municipal guidelines have to be clear and easy to understand and distinguish the areas within the municipal borders where co-financial reimbursement is desirable and how such contributions should be given.