Miljö- och företagsskada vid ledningsrätt

Sammanfattning: Environmental- and enterprise damage are two freehold compensations related to land acquisition. They are regulated in The Environmental Code and Expropriation Act. Enterprise damage implicates damages created by the activity that occurs on the expropriated property, such as noise, view disturbance, psychic immissions etc. Environmental damage implicates the same damage however in question of properties that have not been expropriated. The purpose of this master thesis is to investigate both practical and theoretical differences between environmental- and enterprise damage at utility easement. This is among others to determine if estate freehold can be further strengthened. The method used is a combination of literature, legal cases, interviews and a GIS-analysis of the utility easement Sydvästlänken (Hallsberg, Sweden - Barkeryd, Sweden). The result of the investigation showed that environmental damage is excluded in utility easement procedure which leads to estate owners having to initiate a civil-court procedure where the articles of legal costs are not favorable. Furthermore, the GIS-analysis and legal cases showed that the requirements for enterprise- and environmental damage are dependent on surroundings and distance along with the code and act. The conclusion of this master thesis is that a few measures can be taken to strengthen estate freehold: include environmental damage in utility easement procedure, overhaul articles of legal costs regarding environmental damage-court procedures. And lastly, a guidance concerning market value influence linked to utility easement would create more certainty for the authorities, estate owners and other professionals.