Företagsnytta i praktiken - det bortglömda syskonet

Sammanfattning: This report aims to investigate how the legislation regarding the positive effect from an enterprise for the conduct of which a property unit is expropriated, in chapter 4 section 2 of the Swedish Expropriation Act, is used in practice. The rule is an exception to the main compensation rules, which means that a landowner should be fully compensated in the event of expropriation. The rule has proven difficult to apply because there is a narrow practice on the subject, and professionals do not have full insight into how the rule should be applied. The lack of knowledge on the subject can primarily be explained by the fact that very specific cases are required for an expropriator to be able to claim a deduction from the compensation. In cases where the enterprise for the conduct of which a property unit is expropriated has entailed a positive effect on the market value of the property unit, it is also not certain that it is a deductible one, given the extensive scrutiny as to whether the benefit is to be considered ordinary or not. Overall, the assessment is currently made in a very subjective way that can lead to prolonged negotiations. In the report, we will also investigate how the concept of enterprise can be interpreted and what effect different interpretations of this can have.