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Nord-Troms District Court, Tromsø November Nord-Troms District Court, Tromsø November 2018 Skype Interview Translation of first section (1-15 of 75) of case 13.11.2018 in Nord Troms District Court, Tromsø, brought by Reindeer Grazing District representatives and other landowners, against Statnett, the national power network. The original document in Norwegian, was sent to me by Nicholas Tyler as an example of the type of response to the case, which is a standard response from the government. Translation Case no .: 13.11.2018 i Nord-Troms tingrett, Tromsø Judge: 15-116972SKJ-NHER Members: Tingrettsdommer, Knut Rye-Holmboe Case concerns: Knut Flatebø Johannes Grønvoll Arve Kleiven Harald Drøpping Sletten Case concerns: Expropriation to Determine Compensation Representing Statnett: Advokat Jarle Wallevik Holstrøm Advokat Pål-Martin Abell Advokat Johan Fredrik Remmen towards Reindeer Grazing District 27 - Advokat Geir Haugen Könkämä sameby - Advokat John Jonassen Reindeer Grazing District 24 Helligskogen - Advokat Anja Jonassen Reindeer Grazing District 37 Skárfvággi - Advokat Jon-Andreas Lange Reindeer Grazing District 36 Cohkolat ja Biertavárri - Advokat John Jonassen Reindeer Grazing District 42 Beahcegealli - Advokat Jon-Andreas Lange Reindeer Grazing District 19/32 T Lakselvdal/Lyngsdal - Advokat Jon-Andreas Lange Reindeer Grazing District 39 Árdni/Gávvir- - Advokat John Jonassen Inger Helen Hilmarsen - Advokat Kristoffer Dons Brøndbo Alexander Midtbø m.fl. - Advokat Kristoffer Dons Brøndbo Geir-Tore Larsen - Advokatfullmektig Viktoria Hauan Tore Joar Døhl - Advokat Kristoffer Dons Brøndbo Torild Helene Døhl - Advokat Kristoffer Dons Brøndbo Maar Ingard Stangeland m.fl. - Advokat Kristoffer Dons Brøndbo Troms Kraftforsyning og Energi AS Norddalen - Advokat Kristoffer Dons Brøndbo Troms Kraft Produksjon AS - Advokat Kristoffer Dons Brøndbo Charlotte Johanne Enoksen m.fl. Sigrid Marie Fagertun John Tarald Taraldsen Anny Elise Hansen - Advokatfullmektig Viktoria Hauan Dagmar Pauline Johansen - Advokatfullmektig Viktoria Hauan Egil Hansen m.fl. - Advokatfullmektig Viktoria Hauan Asbjørn Hansen - Advokatfullmektig Viktoria Hauan Jan Egil Hansen - Advokatfullmektig Viktoria Hauan Dorit Helene Andersen - Advokatfullmektig Viktoria Hauan Per Bjørnar Hansen - Advokatfullmektig Viktoria Hauan Kurt Magne Wergeland - Advokatfullmektig Viktoria Hauan Arne Steinnes - Advokatfullmektig Viktoria Hauan Troms Kraft Produksjon AS - Advokat Kristoffer Dons Brøndbo Kåord vest Kåord øst Introduction: The application for discretion applies to determine compensation for affected landowners and licensees in connection with Statnett's development of an approx. 360 km long 420 kilovolt (kV) power line between Balsfjord and Skaidi. The estimate affects many interests, landowners and licensees. The line touches reindeer grazing land on much of the stretch. It has been decided that the judgment is divided into four sessions. Four reindeer grazing districts stated that discretion should be denied. The court specifically addressed the issue of the discretion, the validity of the expropriation, and was decided on November 27, 2017. This case concerns the determination of compensation for the affected landowners, seven reindeer grazing districts and a Swedish Sami village, on the Balsfjord stretch to Reisadalen. The court held a hearing on 28 and 29 August 2018. The main hearing was held from 27 August to 13 September 2018 in Nord-Troms district court. In addition to the explanations of the party, the court received an explanation from 15 witnesses. The reason for the case: On May 29, 2009, Statnett SF submitted a license application for a new 420 kV power line from Balsfjord in Troms to Hammerfest in Finnmark. The Norwegian Water Resources and Energy Directorate (NVE) granted the application with an expropriation permit in a decision of 2 May 2012. The reason for the application for a new power line was partly to secure supply in Northern Norway north of Ofoten, and to facilitate expected future development in Finnmark. Growth in consumption is expected to come as a result of increased consumption in the petroleum sector, new industrial activity and growth in general supply. The decision was appealed to the Ministry of Petroleum and Energy by several complaining parties. NVE found no reason to change or reverse its decision and sent the complaints to the Ministry in a letter of 9 July 2012 for final processing. The Ministry made its decision on April 30, 2015, where NVE's decision was confirmed with some changes. This route choice was applicable for the section Balsfjord - Reisadalen Skibotndalen (alternative 1.0-1.23.1) and when passing the Kåfjorddalen (alternative 1.0-1.5-1.5.1-1.5). Construction work for the Balsfjord stretch to Reisadalen started in 2016 and is expected to be completed in the fall of 2019. The plaintiff has submitted draft general assumptions. The defendants have not raised objections to the proposal. The court has established such general discretion: GENERAL CONDITIONS OF ESTIMATE 1. LEGAL AND FACTUAL BASIS OF ESTIMATES The Norwegian Water Resources and Energy Directorate (NVE) has, by decision of May 2, 2012, granted Statnett a license to build and operate a 420 kV power line from Balsfjord power station in Balsfjord municipality to Hyggevatn traffic station in Hammerfest municipality. On the same day, NVE granted permission to make expropriation for the necessary grounds and rights to build and operate the licensed facilities. The decision was appealed. By decision of 30 April 2015, the Ministry of Petroleum and Energy (OEO) upheld NVE's decision on concession and expropriation regarding the section Balsfjord traffic station in Balsfjord municipality to Skaidi traffic station in Kvalsund municipality by decision of 30 June 2015. granted NVE concession and expropriation permit for minor trace adjustments, extension of station plots and construction roads. On the same day, NVE decided on a final construction license. In accordance with NVE and the OEO's decision, the following electrical installations have been granted, cf. § 3-1 of the Energy Act: • An approx. 300 km long 420 kV power line from Balsfjord substation in Balsfjord municipality to Skaidi traffic station in Kvalsund municipality after route 1.0 in Balsfjord municipality, route 1.0 - 1.23.1 in Storfjord municipality, route 1.0 - 1.5 - 1.5.1 - 1.5 i Kåfjord municipality, route 1.0 in Nordreisa municipality, 1.0 in Kvænangen municipality, trace 1.0 - 1.11 - 1.17 - 1.0 in Alta municipality and trase 1.0 in Kvalsund municipality, med some adjustments. • Construction and operation of Vinnelys traffic station in Nordreisa municipality, Skillemoen traffic station in Alta municipality and Skaidi traffic station in Kvalsund municipality. The Oet is also shown to the said decisions by the OEO and NVE, including clarifications to the decision. Estimates will be held to determine compensation for claims from landowners and licensees that are not resolved by agreement. The estimate applies to the entire stretch from Balsfjord traffic station to Skaidi traffic station. By Statnett is hereinafter also meant cord owner. 2. THE ESTIMATES The discretion presupposes the actual basis for the discretion to be based on the determination of damages for the acquisition of necessary land and rights referred to in section 3, cf. section 1, such as: • the extent of the property infringement or rights acquisition • procedure for calculating and paying compensation • Indication of the measures Statnett undertakes • Indication of the conditions to be kept out of the discretion. The discretionary assumptions consist of a common and a special part. The special assessment assumptions contain special provisions for the individual tariff numbers. Insofar as the special assumptions are contrary to the ordinary, or to the general map material presented, the special discretion assumes in front of. In addition to the assumptions, maps, area maps and similar material are presented for each property. Statnett reserves the right to change or supplement the aforementioned material until judgment is taken up for removal. In addition to what is assumed in the discretion and other material presented as mentioned above, Statnett does not undertake any other work or other obligations to the defendants. 3. GENERAL ABOUT THE PROPERTY AND RIGHTS ACQUISITION The right to build a high-voltage transmission plant with associated facilities and facilities is acquired from Balsfjord traffic station in Balsfjord municipality to Skaidi traffic station in Kvalsund municipality, as well as the right to future operation of the facility, including access to inspect, maintain, repair and rebuild the plant, as applied by Statnett and conceded by GEO, cf. item 1 above. The right to make minor displacements of the cable and mast points during the construction is reserved. In addition to the acquisition of land and the clause of land for mast moorings, conduction and other installations, the acquisition includes any right necessary for construction, rebuilding, inspection, maintenance, repair and operation of such transmission facilities with technical facilities and facilities included in the expropriation measure, cf. the first paragraph. This can be eg be entitled to use existing roads, to build new roads, to establish transformer stations, base, drum and winch sites, etc. Unless otherwise expressly stated, the acquisition of land and rights is permanent. 4. CLAUSING AND CLEANING OF FORESTS AND OTHER VEGETATION The right to clear forest and other vegetation is acquired
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