Värdering för markåtkomst vid järnvägs- och motorvägsbyggnation : en fallstudie av intrångsvärdering i området mellan Örebro och Arboga

Abstract: The purpose of this work has been to investigate if there are any differences in the valuation process at infringements when highway and railway are built. The work has mainly been concentrated on the negotiation process in which The National Railway Department (Banverket) and The National Road Administration (Vägverket) try to get agreements with the land owners. The agreement includes compensation for infringement effects that affects the landowner's property. The National Road Department uses the road law (Väglagen) when a highway shall be built. The road law is "strong", it includes the road right (vägrätten) which gives The National Road Department the right to set foot on the property without the land owner's permission. The most important law until the middle of nineties for railway constructors was "The property creation law" (FBL). FBL is a less efficient law and road construction without the landowner's permission is more difficult. In these laws there are not any guidelines for how compensation should be calculated. The laws refer to the valuation instructions of the expropriation law. To fulfil the instruction of the expropriation law the "1950 years forest norm" is the tool that is used to calculate the land owner's compensation. To perform this examination, an area was chosen between Örebro and Arboga, where constructions of railway and highway recently have been made. During the 90:s new constructing was made here of the railway "Mälarbanan" and a new direction of highway E18/E20. The investigated railroad was built by "Mälarbanan partner stock company" (MIAB), which is an alliance of the local traffic units in the region of "Mälardalen". During the time when "Mälarbanan" was finished, The National Road Department started building a new direction of E18/E20 outside the city of Arboga. The National Road Department had the main responsibility for the construction. To inform the landowners about the administration's land claim plans and compensations, information meetings were arranged before the negotiations started. The opinion of this meeting varies. Some landowners have interpreted The National Railway Administration both as professional and easy to work with, while others have interpreted them as blackmailers in the negotiations. The National Road Administrations negotiator has been interpreted as constructive and reassuring by the landowners. The values have been set by means of the same principals for both encroachments. The valuation company Svefa has perform most of the forest valuations for both "Mälarbanan" and E18/E20. These kinds of valuations are therefore similar. Despite that, the compensation levels are different. The National Railway Administration/MIAB has in total been more generous than The National Road Administration in compensating forestland encrochment. The reasons are many but the main key source depends on differences in the laws, the railway was built first and the time pressure that was at hand for The National Railway Administration. The comparison was made on properties that had been affected by each one of the two encroachments. The railway is considered to have affected the values that normally are compensated when a new road is built, which made the compensation from The National Road Administration lower. The National Road Administration has, despite a stronger law, compensated the landowner generously on many items. The final compensation didn't match with the norms first proposal because of following negotiations, and the landowners trust decreased for the land surveying and the company Svefa. Something has to be done to create better trust for the valuation process. The land surveying has worked since 80:s with renewing "1950 years forest norm"(underlying routine for the valuation) but the work is slow. The National Road Administration and The National Railway Administration are not interested in financing the development of the norm system.