– We have negotiated with Bane Nor, but we cannot come to any solution, says Bernt Terje Høyland at Ualand in the south of Rogaland. 150 farmers from Sandnes in the north to Kristiansand in the south have joined together and summoned Bane Nor to court. The reason? Fences along the railway. Høyland leads the Grunneierlaget, which consists of these 150 farmers. According to the farmers, it often happens that animals stray onto the train lines without being hit. Photo: Private The fences along the track are starting to deteriorate. Animals get onto the train lines more easily. But who is responsible for fixing them? It will be decided in a three-week trial in September. Animals are driven to death The landowners are confident in their case. – Not a year goes by without several animals being driven to death in this area, he says. In the last ten years, Bane Nor has registered 92 animal collisions on the Sørlandsbanen. We are talking about 72 sheep and 20 cows. 120 of the farmers belong to Rogaland, and the remaining 30 belong to Agder. Sindre Oftedahl in Haver law firm represents the farmers in Rogaland. Sindre Oftedal, lawyer at Haver Advokatfirma. Photo: Marte Skodje / news According to Oftedahl, some assumptions were made when the railway got broad gauge in 1939. These state that the railway fences along the line. – And Bane Nor has done that for years, they have put up fences and given compensation if animals have nevertheless entered past the fence and been injured, and they have also stated in writing several times that this is an obligation to fence. Now they have simply changed their minds, says Oftedahl. According to farmer Høyland, this worked fine until the mid-1990s, when Bane Nor began to be sloppy with maintenance on the fence. – They have told us that they have no obligation to fence. They would rather replace animals that have been hit. It is cheaper than replacing the fence, he says. According to the farmers along the Sørlandsbanen, this is a calf that has been hit by a train. Photo: Privat In 2012, what was then called Jernbaneverket won in the Supreme Court in a case against four municipalities along the Dovrebanen. After losing in both the District Court and the Court of Appeal, the Supreme Court concluded that the State v/Jernbaneverket had no duty to fence. – They have referred to this judgment. Now they don’t replace run-over animals either, he says. Three years ago, the landowners received a letter from Bane Nor that the fence along the Sørlandsbanen should be removed. – Then I got angry. I have an active farm and live 50 meters from the railway line. I have small grandchildren on the farm, he says. Animals are often hit along the train lines on the Sørlandsbanen, the farmers believe. Photo: Private Got an offer to put up a fence even news has read several documents and seen the dialogue between the farmers and Bane Nor. The first offer the landowners got was to get fencing material and then set it up and maintain it themselves. – We asked questions about how we were going to set it up when the trains ran along the track? If we had to pay a guard along the line, for example. But we never got a response, so we rejected it. Bernt Terje Høyland is a landowner along Sørlandsbanen. Now he is involved in a lawsuit against Bane Nor. Photo: Marte Skodje / news The Railway Act (external link) states that it is not permitted to stay on the railway’s premises that are not intended for the public. The landowners then received a new offer from Bane Nor. Bane Nor offered to put up a fence where they thought it was necessary. A cow after the meeting with a train along Sørlandsbanen, according to the farmers. Photo: Privat But all future maintenance was to be carried out by the farmers along the Sørlandsbanen. A few farmers took this offer. But most asked questions: Who is responsible? What if animals are killed? – Is this about money? – No. Not for us. We are not looking for money. Bane Nor wants to disclaim responsibility and then impose an additional expense on us, which we are not really allowed to do in relation to their own safety regulations, he says. Who is really responsible? The big question is: Is Bane Nor responsible for the fences, or is it the farmers themselves? Bane Nor is clear in its case, and according to Høyland refers, among other things, to the aforementioned judgment from the Supreme Court in 2012. Høyland believes that this case is different from their case. Bernt Terje Høyland has grandchildren who live on the farm. He also fears for the safety of people if the fences are not maintained. Photo: Marte Skodje / news He instead shows a judgment from 1993, where two heifers were run over on Ualand. The judgment states that Bane Nor (Jernbaneverket) has a duty to fence and that the company itself has acknowledged this. Bane Nor does not want to comment Bane Nor does not want to comment on this case at the present time and points out that it will be dealt with in the legal system in the autumn. However, they write in an email that they do not take animal collisions on the railway lightly. – Together with our neighbours, we have a common wish that animals should not be hit, and that livestock should not be able to graze side by side with train traffic, they write in an email. Here, a calf has been hit by a train near Ualand, according to landowner Bernt Terje Høyland. Photo: Private Sindre Oftedahl in Haver tells news that such a case has never been tried in court before. – The Supreme Court has expressed its views on the principles in the past. In that judgment, however, the discretionary requirements did not apply as in this case. In addition, it was four municipalities, not landowners, who went to court, says Oftedahl. Both lawyer Oftedahl and landowner Høyland fear that if the farmers do not prevail, the cultural landscape along Sørlandsbanen could be affected by the fact that more people will not dare to keep their animals there. Lawyer Oftedahl says that the farmers he represents find the change in attitude towards Bane Nor strange. – Bane Nor is variable in practice and the farmers cannot live with that uncertainty. – Now the trains come quietly and quickly, says landowner Bernt Terje Høyland. Photo: Marte Skodje / news
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150 farmers along the Sørlandsbanen sue Bane Nor – news Rogaland – Local news, TV and radio
