For more than ten years, a landowner in Fredrikstad has been a nuisance for both walkers and the municipality. The landowner has felled trees and placed logging waste on a forest road and a footpath, to prevent private individuals from getting through his farm yard. The obstacles have meant that pedestrians, cyclists and horse riders have had to find other hiking trails. – The case concerns a systematic and long-term violation of the rights of the general public, says Per-Erik Torp. He is head of department in the Environment and Urban Development Agency in Fredrikstad municipality. The municipality reported the landowner for preventing public traffic in 2021. Photo: Tipser Paid the municipality 600,000 Since 2012, 75 letters have been sent between the municipality and the landowner. Nevertheless, they have not been able to agree. – We have used our entire toolbox. We have been in contact with the landowner over several years, and have given him several orders to clean up, says Torp. In addition, the municipality has compulsorily cleared the property at the landowner’s expense. He has also been imposed daily fines over several periods. In total, the landowner has paid over NOK 600,000 in daily fines to the municipality for failure to clean up. Fredrikstad municipality chief of staff Per-Erik Torp hopes the landowner complies with the verdict. Photo: Benjamin Vorland Andersrød / news – Not a big problem The Court of Common Pleas grants the right to travel and stay in Norwegian nature. It applies when you are in the forest, in the mountains and along the coast. – In general, I would not say that it is a widespread problem that landowners block off an area where the general public actually has the right to travel, says Maylinn Stomperud of the Norwegian Tourist Association (DNT). Head of department for nature management in DNT Maylinn Stomperud. Photo: The Norwegian Tourist Association She is head of nature management at DNT, which is the country’s largest outdoor recreation organisation. But sometimes landowners take measures. Stomperud then recommends that you try to resolve the dispute directly with the landowner. If the conversation with the landowner does not lead to progress, you can contact the municipality. – For those who in individual cases find that they are not welcome to use a hiking area, it is of course a boring experience, says Stomperud. Compulsory clearing of the area On two occasions, Fredrikstad municipality itself cleared the logging waste away from the road and paths. Shortly after the last log was removed during a clean-up in 2020, the forest road was again filled with logging waste. The municipality then chose to report the landowner. – This is the first time that Fredrikstad municipality has reported someone for breaching the Open Air Act, says Torp. The landowner has felled trees and placed them beyond footpaths and a forest road to prevent public traffic. Photo: Tipser – The verdict is correct Now the landowner has been sentenced for breaching the Open Air Act. He must pay a fine of NOK 12,000. In addition, he must pay NOK 10,000 in court costs. It is unknown whether the landowner will appeal the verdict. His defense attorney tells news that he cannot comment on the case at the present time. Fredrikstad municipality hopes the judgment from the district court will lead to the landowner cleaning up. – We believe that this judgment is correct, and now hope that the landowner complies with it, says head of agency Per-Erik Torp.
ttn-69