{"id":19401,"date":"2022-10-28T23:19:19","date_gmt":"2022-10-28T23:19:19","guid":{"rendered":"https:\/\/teknomers.com\/en\/meaning-a-lot-for-the-grazing-industry-news-vestfold-and-telemark-local-news-tv-and-radio\/"},"modified":"2022-10-28T23:19:19","modified_gmt":"2022-10-28T23:19:19","slug":"meaning-a-lot-for-the-grazing-industry-news-vestfold-and-telemark-local-news-tv-and-radio","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/meaning-a-lot-for-the-grazing-industry-news-vestfold-and-telemark-local-news-tv-and-radio\/","title":{"rendered":"– Meaning a lot for the grazing industry – news Vestfold and Telemark – Local news, TV and radio"},"content":{"rendered":"\n

– I am very relieved. I think this means a lot for the grazing industry in Norway, says farmer Per \u00d8ivin Sola from Sande. Five years after the incident, the Supreme Court has now annulled the sentence. Thus, the Court of Appeal must deal with the compensation issue again. Went out of the grazing area In autumn 2017, three cows and three calves ran away from the grazing area in Vestskogen in Sande. They entered an area owned by Buskerud prefab AS. The result was trampling damage all over the area. The company had to plow up the land. According to their lawyer, the company must have suffered a loss of NOK 1.6 million. First, the Nedre Buskerud Jordskifterett acquitted Per \u00d8ivin Sola of the compensation claim. In the Borgarting Court of Appeal, however, he was sentenced to pay compensation of NOK 800,000. Both parties appealed the case. Now the Supreme Court has decided that the sentence must be annulled. Buskerud finished lawn must pay close to NOK 280,000 in court costs to Sola. The Supreme Court writes: “The Court of Appeal had wrongly concluded that a condition for complicity liability is that the injured party has a duty of care. The Court of Appeal’s judgment is therefore quashed as far as it concerns complicity and leniency. The Court of Appeal must now consider the question of compensation again.” Farmer Per \u00d8ivin Sola is satisfied with the conclusion the Supreme Court has reached. Photo: Private – If we are to utilize the resources we have in our country, we have to make use of rangeland pastures and pastures in general. If we become liable for compensation when the animals come out of pasture, then we can’t keep doing this anymore, says the farmer. – Unhellig General manager of Buskerud Ferdigplen, Tore Horgen, believes that the principle is turned upside down, if you have to fence off areas to protect yourself from animals that should not be there. – We have always been of the opinion that it is animal owners who fence their animals inside. Not other, non-animal-related agricultural productions, which will fence other people’s animals out, he says. Tore Horgen, general manager at Buskerud Ferdigplen AS. Photo: The private lawyer representing Buskerud Ferdigplen AS believes the Supreme Court’s decision has consequences. – What the Supreme Court is now saying is that, depending on the circumstances, liability for damages can be reduced if the landowner has not put up a fence. Also in cases where the landowner is not obliged to fence, and also for areas that do not border grazing areas. From our side, we see it as unfortunate, says lawyer J\u00f8rgen Vangsnes. Horgen’s lawyer also believes that the production has been in an area where there should not be animals on open pasture. The reason why there are animals there is a verbal agreement between the landowner and the farmers in the area, which has lasted through generations, Sola explains. – Principal lawyer Hilde Sannes Holl\u00f8kken represents the farmer. She believes the judgment is principled. – According to this judgment, landowners must assess whether they should have fences to protect their own property from grazing animals, even if they have no legal duty to maintain fences. Otherwise, they risk losing their right to compensation. She points out that this does not mean that responsibility for damages is immediately transferred to the injured party, but that a specific assessment must be made in each individual case. – It is in accordance with ordinary compensation law, and the Supreme Court has now confirmed that the Grazing Act must be understood in the same way, says Holl\u00f8kken. Must protect values \u200b\u200bmyself The judgment is the first Supreme Court judgment of its kind. Sola describes the decision as “incredibly important”. He says that part of the problem within the grazing industry is that old outfield fences, which have functioned as an obstacle for the animals to come out into the inland, are falling into disrepair. This happens because it is not obvious that someone takes on the maintenance of the fences anymore. – What the Supreme Court is now saying is that you can’t just blame others. If you run a business, you actually have to protect your values \u200b\u200byourself, and assess the risk that they may be exposed to damage, says Sola.
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– I am very relieved. I think this means a lot for the grazing industry in Norway, says farmer Per \u00d8ivin Sola from Sande. Five years after the incident, the Supreme Court has now annulled the sentence. Thus, the Court of Appeal must deal with the compensation issue again. Went out of the grazing area […]<\/p>\n","protected":false},"author":1,"featured_media":19402,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[8862,533,151,3056,3478,16,152,235,230],"class_list":["post-19401","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-grazing","tag-industry","tag-local","tag-lot","tag-meaning","tag-news","tag-radio","tag-telemark","tag-vestfold"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/19401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=19401"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/19401\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/19402"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=19401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=19401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=19401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}