The case in summary A proposal to enshrine the common law court in the constitution was voted down on 21 May. Bente Lier, Secretary General of Norwegian Outdoor Activities, believes that the right belongs in the constitution because it consists of important values and rights. The right has been debated, and while some want to expand it, others fear that it could come at the expense of farmers’ businesses. Board member of the Farmers’ Association, Konrad Kongshaug, emphasizes that it is not a matter of restricting the right of everyone, but rather of avoiding conflict with the agricultural and grazing industry. Øystein Aas, professor of ecology and nature management, points out that the common law entails both rights and duties, and that it is important to balance consideration for nature and industry. The summary is made by an AI service from OpenAi. The content is quality assured by news’s journalists before publication. Ola Venås and his 140 sheep live among an ever-growing area of cottages on Skei in Gausdal municipality. – I notice that the animals are more restless, especially now that we have started the joint holiday. Things have therefore changed since the start of the cabin era after the Olympics in Lillehammer in 1994. Gradually, people also started to look up to the year-round cabin, in favor of just staying there in the winter. Skei in Gausdal houses several cabins. Part of what draws people here, Ola Venås believes, is that you can get up close to the wildlife here. Photo: Armann Martesønn Kippersund / news Sheep and cows still rule on Skei. But the increasing tourism and outdoor life have started to take their toll, says Venås. Allemannsretten experimentally explained simply Photo: Photographer Robin Lund Many people can rub their heads, mainly over the difference between infield and outfield. Allemannsretten is a collective term for the rights that everyone in Norway has to use nature, regardless of who owns the land. Allemannsretten has a limited scope and involves a number of duties. The vast majority of the rules on public access are contained in the Outdoor Activities Act. Section 2. In the countryside, anyone can travel on foot all year round, when it is done considerately and with due caution. § 3. Anyone can travel inland on foot when the ground is frozen or covered with snow, but not in the period from 30 April to 14 October. This right of way does not, however, apply to courtyards or house plots, fenced gardens or parks and other specially fenced areas where the public’s winter traffic will cause undue crowding for the owner or user. Inland is a common term for cultivated land and cultivated pasture, including meadow and smaller pieces of uncultivated land within the same area. Outland is all places that are not considered inland, – Natural place in the Constitution The proposal to enshrine the right in the Constitution came from the left, but was voted down on 21 May by the party on the right. – When we ask the Norwegian population what is important in their lives, the right to travel freely in nature comes first. That’s what Bente Lier, general secretary of Norwegian Outdoor Activities, says. One of several organizations that have become involved. Lier believes that the right belongs in the Constitution because it consists of important values and rights. Secretary General of Norwegian Outdoor Activities, Bente Lier, believes that one must make one’s values clear. Photo: Gard Eirik Arneberg / Norsk Friluftsliv In an unpublished survey carried out by IPSOS on behalf of the organisation, it was the common law that was crowned at the top of the laws that were most important to people. Fair enough, he was only two and five percentage points above the right to vote and the right to speak, respectively. – Thus, we believe that it has a natural place in the Constitution. But not everyone agrees that central values and rights should necessarily be enshrined in the constitution. Same as some are. Already strong Board member of the Farmers’ Association, Konrad Kongshaug, agrees with Venås. They fear that the right to travel and stay in the countryside will be extended, to the disadvantage of the farmers’ businesses. Venås believes that he has already experienced the disadvantages. Among other things, he himself is said to have had a problem with loose dogs that hunt grazing animals. – This results in lame animals, which get small wounds under their hooves. They are used to people around them, but during the joint holiday, owner Ola Venås notices that they become restless. Photo: Armann Martesønn Kippersund / news Venås is happy that the proposal was voted down. – The Court of Common Pleas is already so strong in Norway that I do not feel that there is a need for it, he says and adds: – Instead, perhaps the municipality should be allowed to restrict the right to move around tourist destinations. – Should not expand further Kongshaug, on the other hand, states that there is no question of restricting the right of the general public. Just that it should not be expanded so that it comes into conflict with the agricultural and grazing industry. Visitors on walks in the fields have become a common sight. Photo: Armann Martesønn Kippersund / news – Allemannsretten must stand strong. What we want is that the right to practice one’s business should not be restricted. He adds that the court already today contains provisions to prevent people’s traffic from negatively impacting grazing and other private businesses. So it is also a problem that the law is not always followed. Professor of ecology and nature management at NMBU, Øystein Aas, thinks it is no wonder that the common law creates disagreement. Photo: private Øystein Aas, professor of ecology and nature management at NMBU, explains that in matters of tourism and grazing, one can end up in the crossfire between two different common rights; the right of way against the right of way. – It is clear that the common law court was designed in a different time. In his studies of how wild animals react to increasing tourism, he has nonetheless experienced that travel in nature can have negative consequences for game diversity. That is why he believes it is important to emphasize that common law entails duties, in line with rights. Published 23/07/2024, at 22.37
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Farmer Ola Venås breathes a sigh of relief – news Innlandet – Local news, TV and radio
