Reconsideration of decisions in connection with real property formation - a study of the Administrative Procedure Act § 27

Abstract: In Sweden, real property formation is done by the cadastral authority. Each day, using real property ordinances, despite careful handling errors arise in the decisions. One option to cor- rect errors is revision under the Administrative Procedure Act § 27. The work consists of a study of the provision in § 27 and a case study of the decision reconsidered by the cadastral authority. The aim of this work is to show the difficulties and problems in the application of the provision in § 27 especially in connection with real property formation. Reconsideration under § 27 is generally drafted to include all authorities. The authority has an obligation to reconsider a wrong decision when three conditions are met. It shall be clearly incorrect, the change has to happen quickly and easy, and the change cannot lead to a disad- vantage for the participant. Reconsideration outside § 27 can be applied under established practice, based on the decisions character. Reconsideration under § 27 is often difficult to apply for real property formation because of the occurrence of several participants and sever- al operations in each case. The cadastral authority uses the reconsideration provision somewhat broader than what can be interpreted from the statutory text and its legislative history. In 46% of the studied recon- sidered decisions it was judged that the conditions were not met. In another 11% of cases it was deemed doubtful whether conditions could be met. The provision in § 27 expresses when an obligation to reconsider exists but what can be re- considered is more unclear. The question arises whether there is a further reconsideration opportunity and what it in this case covers. The results of the survey show that there are no clear rules for reconsideration of decisions under § 27 applicable to real property formation. The legislation represents a limit on when reconsideration must be done. Then there is established practice which is the limit for what can be reconsidered. What is true in between and especially for real property formation deci- sions is less clear. Clearer rules specific to real property formation may contribute to an effec- tive process for managing the wrong decisions.