The people of Karasjok could become the country’s third largest landowner if they were allowed to own their own municipality. But director Jan Olli of Finnmarkseiendommen (FeFo) wants the Supreme Court to make a final decision in the case. He recommends appealing a recent judgment from the Utmarksdomstolen, which concluded by a narrow majority that the local population has property rights. – We have agreed that I will propose to the board that we appeal the case to the Supreme Court, says director Jan Olli of FeFo. Jan Olli in Finnmarkseiendommen manages large parts of the land in Finnmark, but the area could be reduced by as much as 5,361 square kilometers if the Karasjok judgment is upheld. Photo: Harry Johansen Olli believes that there is a great deal of uncertainty about the legal basis that the Regional Court arrived at. – There are several factors that indicate that we should appeal. There was no unanimity either in the Finnmark Commission or in the Norwegian Foreign Affairs Court. Nor have they made the same legal assessments and have different starting points. All this means that there is an uncertain legal basis, says the FeFo director. The right to land in Finnmark Statskog was the land owner in Finnmark for a long time. The work of the Sami Committee resulted in the Finnmark Act – so that the Finnmarkings themselves took over the land through the company Finnmarkseiendommen (FeFo) in 2005. In addition, the historical use of the entire county was to be examined. On the basis of that, one had to find out who had acquired right of use and ownership, whether it was Sami or others. This job is done by the Finnmark Commission. Their decisions may mean that FeFo does not own the land after all. The cases can be appealed to the Utmarksdomstolen and possibly further to the Supreme Court. Two cases (about Nesseby and Stjernøya) have already been before the Supreme Court. Several will appeal One of the other parties in the Utmarksdomstolen will also appeal the verdict, wrote iFinnmark at the end of April. The so-called Guttorm group demanded that only those of Sami origin have rights to land and water in Karasjok. However, the Outland Court concluded that the area should be jointly owned by all the residents. Thoralf Henriksen and his lawyer Andreas Brønner claimed that only Sámi should own Karasjok, but were not successful. Photo: Stian Strøm / news The case is of great importance because it can set a precedent in Finnmark. Similar claims to property rights have come from both Kautokeino and Tana. – Karasjok has opened the way for us. There are a lot of clarifications that have come. It has made it easier for us to pursue our case, said Kautokeino mayor Hans Isak Olsen recently to news. Jan Olli in FeFo therefore strongly believes that the Supreme Court will take the case if it is appealed. – We know that this is a difficult and complicated matter, and that professional lawyers also have different views on the matter. It is therefore important that the Supreme Court decides on and makes a thorough assessment of this so that we get a secure legal basis which will be of great importance for the further survey. Can get rights to hunt and fish If the judgment from the Norwegian Foreign Affairs Court stands, the landowner can decide for himself who will use the resources. Karasjok can then, through a landowner body, ensure that the municipality’s own residents get a larger share of the cake, and are not displaced by visitors. At the same time, the Karasjokværings have rights to use nature throughout the rest of Finnmark. They are guaranteed that through the Finnmark Act. The victory in this court case gives them a double up: Exclusive right at home and rights in the other municipalities. But that others should be shut out of Karasjok has been rejected by mayor Svein Atle Somby. – We are a small municipality and work daily to get people to come to us and visit us. We are not going to hermetically close Karasjok municipality, even though we have won, he said after the recent verdict became known. He hopes to avoid another round of court proceedings. Jan Olli in the Finnmark estate and Karasjok mayor Svein Atle Somby in the court room when the Norwegian Foreign Affairs Court heard the case. Photo: STIAN STROM / news Skeptical of the verdict The dispute over Karasjok has been portrayed as a Sami struggle against old state colonial rule. But Sami forces have not at all been united on the demand. Among other things, a group of reindeer owners has protested against local ownership. The group has winter pastures in Karasjok and summer pastures in Nordkapp, and believes that the mountain areas are primarily the area of migrants, not the permanent residents of the municipality. Norway’s hunting and fishing association is also among those who have supported FeFo, and believes that the judgment in the Utmarksdomstolen is unreasonable. – We are working to ensure the public in Finnmark’s access to the outdoor resources, and we work closely with the Norwegian Hunters and Fishermen’s Association on this issue, Linda Heitmann has previously told news. She is a leader in NJFF Finnmark. The Sámi Parliament is centrally located in Karasjok municipality. Photo: Benjamin Fredriksen / news Cost millions of kroner The trial lasted three weeks in January. The lawyers went deep and detailed into history to find out who had used the resources in Karasjok and ruled over them. The long trial also had extensive preparations. The legal costs of the parties alone amount to NOK 24.35 million. The state covers everything. The land in the vast majority of Karasjok was transferred from Statskog to the finnmarkingen’s own land ownership company Finnmarkseiendommen (FeFo) in 2006. But local groups could still claim property rights to their nearby areas. It has happened in several places, including in Nesseby and on Stjernøya. Both cases ended up being dealt with by the Supreme Court. CORRECTION: In an earlier version of the case, it was erroneously stated that Finnmarkseiendom is appealing the decision. The correct thing is that the director of the Finnmarkseiendommen recommends his board to appeal the verdict. This decision will be made in the near future.
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Recommends appealing the Karasjok judgment – news Troms and Finnmark
