Markåtkomst för gång- och cykelvägar

Sammanfattning: Combined walkways and bicycle paths has become an intriguing topic in today’s modern society with more focus on both health and the environment. There are plans for more combined walkways and bicycle paths between villages, but there is an uncertainty regarding how to secure the right to them. In addition legal custom regarding land access is scarce. When land is requisitioned for combined walkways and bicycle paths it should somehow be regulated to ensure legal relations. This report handles eight different alternatives for land access in areas that are not zoned by a municipality. However all cannot be used. The Swedish Transport Administration (Trafikverket) legally obtain land access though public road right or agree on usufructs. Municipalities legally get land access either through agreed usufructs or easements between affected property owners. According to stated judgments it is hard for municipalities to form easements or joint facilities though cadastral procedures. Legislation regards combined walkways and bicycle paths as a road device to public roads. Therefore the paths must be built with a functional relationship to the road and have an immediate connection. Furthermore Trafikverket and municipalities needs to agree on how to distribute the responsibility regarding road maintenance, finance and construction. In order to enable more alternatives for land access the law needs to change. It should be made possible to obtain public road right for combined walkways and bicycle paths as well as form easements thought cadastral procedures. The latter should be able to form in favor of either Trafikverket or a municipality as juristic persons. In the meanwhile operators could try to get land access though unconventional solutions.