AI2508 Compulsory Purchase and Compensation 7.5 credits

• Educational level

  Second cycle

• Academic level (A-D)

  D

• Subject area

• Grade scale

  A, B, C, D, E, FX, F

• Course page on KTH Social

Learning outcomes

The overall aim of the course is to give deeper understanding of rules for the permission process as well as which compensation that should be paid when compulsory purchase or other limitation of dispositions of land and real property is realised. At the end of the course the students are expected to be able to:

• explain and expound why compulsory purchase can be legitimised

• describe the contents of and in what situations different types of law shall be used

• explain different value concepts for real property and the relation between them

• describe and compare the legislation's different compensation principles

• apply different compensation rules and principles and calculate the compensation in practical cases

Course main content

The course deals with legal frameworks that give public institutions, and sometimes also private people, the right to acquire land through compulsory purchase in different situations. The following main aspects will be dealt with in the course.

• Fundamental motives to permit compulsory purchase. Different situations where compulsory purchase can be realised. Effects if compulsory purchase should not be possible. Compensation rules from economic and legal points of view. Value concepts and their relevance in cases of compensation. Benefit apportionment versus compensation for damage.

• Principles for the permission process; judicial or administrative handling of the permission process, material conditions for compulsory purchase, taking possession. Applicable legislation in different situations. Permission process in different systems of regulation.

• Compensation rules in the Expropriation Act, Planning and Building Act, cadastral legislation, environmental and nature conservation legislation. Analysis of legal cases, practice, negotiation solutions and voluntary standards.

• Valuation problems in different compensation situations. Methods for estimation of compensation for encroachment and compulsory purchase.

Eligibility

Eligibility to the master programme in Real Estate and Construction Management.

Literature

Sjödin, E., Ekbäck, P., Kalbro, T. & Norell, L. Markåtkomst och ersättning (Norstedts juridik, senaste upplagan).

Övrig kurslitteratur anslås i samband med kursstart.

Examination

• TENA - Examination, 4.5 credits, grade scale: A, B, C, D, E, FX, F
• ÖVN1 - Exercises, 3.0 credits, grade scale: P, F

Requirements for final grade

Requirements for final grade:

Written examination and exercise.

Final grade is based on the examination result.

Offered by

ABE/Real Estate Planning and Land Law

Contact

Jenny Paulsson, 08-790 6661, jenny.paulsson@abe.kth.se

Examiner

Jenny Paulsson <paulsson@kth.se>

Version

Course plan valid from: Autumn 12.
Examination information valid from: Autumn 07.