News Lycksele Airport’s obligation to pay compensation for easement is reduced from just over SEK 24.8 million to SEK 0.8 million

7 March 2022

Lycksele Airport is owned by Lycksele Municipality. In November 2013, the municipality applied for a property regulation to form an easement in order to ensure safe visibility and flight conditions around the airport. The easement is for an encumbrance on nearly 100 properties. The Cadastral Authority separated two properties from the administrative process and, in December 2015, granted the easement concerning the remaining properties. The decision was appealed to the Land and Environment Court in Umeå by few property owners. The Land and Environment Court’s decision essentially supported the Cadastral Authority’s decision (the Land and Environment Court in Umeå’s decision in case F 218-16, December 6, 2018).

Ersättning servitut Lycksele kommun Lycksele flygplats Kilpatrick TownsendIn July 2019, the Cadastral Authority decided on the issue of easement regarding the two separated  properties. Easement in accordance with the application was granted, but the municipality was ordered to pay SEK 24,850,000 in compensation to the owner of the two separated properties. The municipality appealed the compensation decision and demanded that the amount be reduced to SEK 800,000. The owner of the separated properties also appealed the decision and demanded that the administrative decision be revoked, and the procedure be canceled.

The Land and Environment Court amended the appealed compensation decision in accordance with the municipality’s claim and reduced the amount to be paid from SEK 24,850,000 to SEK 800,000 (the Land and Environment Court in Umeå’s decision in case F 2131-19, March 2, 2022).

Hanna Sundberg (Partner) and Johan Wedsberg (Senior Associate) at Kilpatrick Townsend represented Lycksele Municipality in both proceedings in the Land and Environment Court.