The use of takings in order to establish small scale hydropower stations. The fair market value principle in light of voluntary agreements. (completed)
Research fellow Kathrine Broch Hauge
The objective of this project is to study the use of takings in order to establish small scale hydropower stations. Several parties may have legal rights related to the same resource. For that reason it is quite obvious that there is a need for takings or enforced sales to realize some of these projects.
I have chosen to narrow the study down to one single area. This limitation has made it possible for me to collect contracts from private parties to illustrate the possible financial outcome for the landowners. This serves as a background for the discussion of the fair market value principle.
I will study two different legal tools which aim to induce the right holders to join the project: the use of the traditional takings instrument and joint use enforced by the land consolidation court.
There are three main issues making this an interesting study. Firstly, it is private actors who establish the small scale hydropower plants. This makes it interesting to discuss the legitimacy of the use of the takings instrument to realize such projects.
Secondly, the same point makes it interesting to discuss the compensation level. My suggestion is that the compensation level should be influenced by the purpose of the taking.
Thirdly: when the purpose or foundations for takings for private purposes are changed, one question might be whether the requirements for takings should be reassessed, as well.
The dissertation was completed in the autumn 2014.