Key Benefits:
Publication of the law on ownership of public roads (Road Contribution Act)
This is made known as a 'thoroughgoing' contribution to public roads, cf. Law Order no. 713 of 11. September 1997, with the changes resulting from Article 67 of Law No 1. 431 of 6. June 2005 and section 3 of the Law No 583 of 24. June 2005.
Definitions
§ 1. For the purposes of this law, this law means roads, streets, bridges and spaces, which are open to ordinary traffic and are administered by State or municipality under the law of public roads.
Paragraph 2. For the purposes of this law, public paths shall be understood as predominantly reserved for the ordinary, cyclarding and ripping of ferries, and which are administered by State or municipality under the law of public roads.
Paragraph 3. Private joint paths shall be understood in this law the roads, streets, bridges and spaces referred to in section 2 in the Act of Private Common Roaways.
Paragraph 4. " Contribution " shall mean the contribution made to the property owners under this law.
Validity of the law
§ 2. The rules of this Act shall apply to public roads in the areas covered by the provisions of the law on private common roads, Title III.
Paragraph 2. In the case of major highways, the rules of the rules governing the direction of road management may also be applied outside the provisions of paragraph 1. 1 areas where there is a total construction, or a total construction, can be expected. In this case, contributions may only be required for the execution of new pathodists, except in addition to 2,5 metres per side, on the part of the holding lane and parking systems within a breadth of 6 m.
Paragraph 3. The rules of the law are also applicable to public paths.
Contribution of road contributions
§ 3. The board may impose the ownership of property by road-contribution, in whole or in part, to the costs of :
1) installations of new public roads,
2) the extension of private common roads in the context of such road takeovers as public roads, in accordance with Chapter 2, in the law on public roads,
3) the extension of the land in public roads to the areas referred to in Article 4 (4). The maximum width of such weighed is extended to this or greater width, in so far as the properties of the persons concerned are bound or are bound to the road.
Paragraph 2. Decisions pursuant to paragraph 1. 1 shall be taken in the context of the implementation of the work in question. The collection of road contributions may be initiated before the work has been carried out. In this case, final adjustment shall be made after the end of the work.
Scope of the road contribution
§ 4. Road Contribution may not be required for the part of the costs of the road ' s premises relating to a greater width than 20 m. In the case of property which, at local level or otherwise reserved for housing with one or two family houses, road contributions may not be required to contribute to the part of the costs of the work on road lines for a greater width than 6 m, and to the part of : the costs of the work relating to the other parts of the road that is more than 6 m in the case of a weighing contribution, at the same time, for several roads, as well as in accordance with one, cf. § 10.
Paragraph 2. Road Contribution could not be required to cover expenditure for
1) land acquisition,
2) compensation for servitude or drawbacks or
3) major regularisation of the length of the road, including the installation of support clocks.
Paragraph 3. The costs of water derivatives may be included in the cost of drainage, drainage wells and associated lines as well as road ditches and such sewers intended exclusively for a road of irrigation. Other expenditure necessary for deflection of a road surface water may only be taken into account when they are charged separately with the area of the court order in accordance with water-flow legislation.
Paragraph 4. The cost of the installation may include an amount for normal lighting.
Paragraph 5. A maximum of 9% shall be included in the cost of the installation. by the installation costs. Interesters cannot be counted. Any expenditure on the assistance of consultative engineer can be counted according to the check, but the administration allowance may not be taken into account for the part of the work which has been used for advisory engineering assistance.
Limitation of the obligation for the use of water and road land
§ 5. For the suspension of road contributions, shall be removed from irrigation areas which are not employed to property value.
Paragraph 2. In addition, the suspension of road contributions is also suspended from public roads and private avenues adjaculing to the road. However, a short private joint road that is solely under the public road may be treated as a property that borders on the public road, so that the contribution relating to the common road is allocated according to the rules in section 11 between the owners ; the properties that are bounds to the common road.
Constraint of the obligation to contribute to access restricted routes
§ 6. Road contributions cannot be imposed on owners of properties on road lines, to which, in accordance with access provisions established for road-related reasons, which can be enforced by the public, no direct access can be obtained from the property, cf. however, paragraph 1 2 and paragraph 1. 3 as well as section 5 (5). TWO, TWO. Act.
Paragraph 2. By way of derogation from the provisions of paragraph 1, The nature of the contribution may be subject to the ownership of property owners in the context of a comprehensive guidance system for the sole or predominal service operation of an area of the area.
Paragraph 3. If the owner of a property, regardless of access to the provisions of paragraph 1 of this paragraph, the nature of the first paragraph is particularly exploiting the location of the site at that route, for example by settlement, the extent of which has only been made possible by the rules laid down in the structure of the additional area, by means of exhibition windows or similar, in the case of manufacture or the equivalent in the case of construction or the other. reduced road contributions shall be made. The contribution shall be determined taking into account the extent of the land use of the property in relation to the road.
Paragraph 4. When a determination of a property's access conditions restricts, but not completely prohibits access from the property to the road, the road contribution shall be reduced to the extent to which the trun clause restricts the exploitability of the property.
Other restrictions on the obligation to contribute and so on
§ 7. Where, in the future, access rules had to be laid down for the effect that a property for which a contribution of Article 3 is imposed may not be granted access to the road or can only achieve a substantially restricted access to this, shall be required ; any remaining road contributions shall be lost or reduced to the extent that the rules in section 6 would have resulted in a reduction or a reduction in the road contribution.
Paragraph 2. Similarly, due to landowners, immediately after the construction of the construction or later, the contribution shall be paid in cash, full or partial reimbursement of the cash-paid road contribution with interest-rate 5%. For example, so that these gruntside, as far as possible, side with the owners who, pursuant to paragraph 1, shall be treated as equivalent to that. 1 shall be exempt from the balance of the road. However, reimbursement shall be granted only by amounts paid in cash in the last 15 years, and only of amounts exceeding 500 kr.
§ 8. Road contributions can only be imposed on railways and airports on road closures, by which the location of the site is used or can be used and for which the location of the site is not renounced on the road. The use of a roadside is also considered to be the use of the overflows which serve the operation of the plant alone. However, where the use of the location of the site is renounced, road-contribution in the case of transitions to the plant alone can only be imposed on the line for the transition with an addendum of 10 m for each page.
§ 9. If the rules in section 6-8 result in road contributions not liable to be imposed on all owners of the properties of a road-line, or to reduce the contribution of one or more properties by way of the road, the weighs shall be borne by the weightboard of the amounts which are then not available ; are collected.
Paragraph 2. If, for a period of 15 years after the start of a period of 15 years following the start of a period of 15 years following the commencing of the weighing of the road, such access shall be granted on the premises of the road or taking advantage of such contributions Whereas the location of the property by way of the road ' s premises may, in whole or in part, be subject to the preceding provisions, to instrumenate the owner ' s contribution in accordance with these rules, by reducing the contribution, corresponding to the previous part of ; 15-year period.
Road Contributions for Multiple Road
§ 10. When weighing at the same time for several roads, which in road transport constitute a unit, the denuncialisation may take place on these roads during one.
Contribution of aid
§ 11. The allocation of road contributions shall be made by the weighing board between the contributory contributors on the basis of :
1) the facadelength of the property,
2) the size of the property (s) and
3) the manner in which the buildings are used or may be expected to be used or the property value. The use of the method of use must be taken into account for property that is not an employee value.
Paragraph 2. The distribution referred to in paragraph 1 shall be that 1, no. 1, the criterion referred to in paragraph 1 shall be weighing a weight of at least 10 pct; the criterion under No 2 ; 2, and that of the criteria below no. 3 that are selected, each of which must be included with a weight of at least 25 pct;, cf. however, paragraph 1 4.
Paragraph 3. Where the property value as a criterion is imposed on the distribution, in cases where the execution of the work is due to significant or heavy road traffic or from a single property by the road, the owners of the assets are assigned the owners of such an appropriate special contribution, before the ownership of the other expenditure shall be allocated by the owners of the other expenses.
Paragraph 4. To the extent permitted in accordance with the bylaws, local authority or local level, only a uniform use of the property limits on the road may be carried out on its own, taking into account the size of the property land. or with similar amounts.
Paragraph 5. For reasons and other reasons, which have facade against more than one road, only a suitable reduced contribution shall be calculated. If a reason after paragraph 6 (2) is given. 1. Exemption of road contributions to another public road shall be expelled from the calculation of the account ' s front for this road.
Paragraph 6. Space size for the properties referred to in section 16 (3). 1 shall be limited to the part of the area not exceeding 40 m from the road. The board may derogate from this limit provided that the provisions of local or urban planutes concerning the future use of the property are to be subject to this. The same applies to the calculation of road contributions after § 8, 3. Act.
§ 12. The rules in section 11 may be deviated from the agreement between the weighing board and the property of the landowners concerned.
Submission and convocation
§ 13. Before the decision by the governing board of road contributions pursuant to section 3 or on redistribution in accordance with section 17, proposals for this purpose shall be presented for a general inspection at least three weeks in a convenient place for the residents. In the case of presentation, public knowledge shall have to be made in the case of a general public statement following the determination of the governing board. In the knowledge, a period of not less than 6 weeks shall be specified in the date of knowledge of the publication of objections or amendments. At the same time, with the presentation of the text, the text of the knowledge shall be sent as far as possible to any of the landowners concerned by the proposal, and the notification of which is shown by the register.
Paragraph 2. The proposal submitted shall indicate the work carried out, the part of the costs incurred due to the landowners, and how the contribution of the acts shall be allocated between them. It must also be stated whether workers are to be carried out during one or more time, and in the latter case, as well as the extent to which contributions will only be made later.
Paragraph 3. Instead of putting forward the proposal for a general inspection, as mentioned in paragraph 1. 1 may refer to the owners of the properties affected by the proposal for a period of 14 days ' notice to a meeting during which the content of the proposal is prepared for the content of the proposal as specified in paragraph 1. At the meeting, the governing board shall set a period of not less than 3 weeks for access to the board of the road board to present objections and amendments. Over the sitting at the meeting, a protocol is being passed.
Paragraph 4. The decision on the allocation and distribution of road contributions shall not be taken in the first paragraph of paragraph 1. Paragraph 1 or paragraph 1. The deadline for this period has expired. Whether or not the decision is sent to grunting, which are affected by the decision, and if the notification is shown by the register.
Detention of the laying of expenditure
§ 14. The weighing up of the road work shall be made up for the interim management board. The contributor may require payment of the contributions by the terms of the rules in section 15. However, in the extent to which the contributors may obtain loans in financial institutions, optionally against local authorities, on terms and conditions similar to what is set by the weightboard after paragraph 15, the weightboard may, however, require the payment of the payment in cash.
Payment of the road contributions
§ 15. The advisory board shall determine, in the light of the size of the road contribution, a period of five to 15 years above which this is to be paid. The amounts payable at all times shall be paid by the parties responsible for the interest of a interest rate fixed by the road authority. Amount of less than $1,000. may be required paid in cash.
Paragraph 2. The advisory board may decide that road contributions, determined on the basis of the property value, shall be paid through services that make up a permanent basis of the property value. In the event of a subsequent increase in the property value, the period of payment shall lead to a shortfall of the period laid down in paragraph 1. 1, the weightboard may reduce the size of future services so as to avoid the drainage period. One of the reasons for which the increase in the property value has become significantly increased may require a reduction in such a reduction.
Payment of road contribution payments
§ 16. The owner of a property used for agriculture, forestry or frivoltneri, including fertile plantation, which is not the parcels of parcels, may require postponement of payment and the suspension of the part of the road contribution that exceeds the contribution a common-built parcelery basis in the area concerned. The postponement shall be removed when and to the extent the area is transferred to another.
Paragraph 2. When weighs in accordance with section 11 (4). 4, distributed on the basis of the size of the property areas, the owner of an unfounded property, which is not exploited for business, shall require that the payment and the interest rate of a third of the road contribution imposed on him shall be suspended until 10 ; Years. The same law has the owner of a property built with one or two family houses, for the part of the area exceeding 1,400 m, 2 , provided that no part of the property is used for commercial purposes.
Paragraph 3. When postponement of paragraph 1 1 and 2 of the payment and instalment of a part of the contribution shall be determined in section 15 a period for the payment of the amount.
Reallocation of road contributions
§ 17. If the circumstances taken into account in the distribution of road contributions are substantially amended, the weighting board may redistribute the remaining part of the road contributions for all the properties.
Panting
§ 18. For amounts which a municipality after the law has paid retainer, and for amounts paid under the guarantees of the governing board, the municipality has a furant and predominantly as for municipal property taxes. The amounts may be recovered by the payment of the contributory property.
Paragraph 2. Payment schemes pursuant to paragraph 1. 1 and guarantee schemes in accordance with section 14 shall be indicated by the municipal property tax returns.
Paragraph 3. Amount in accordance with paragraph 1. 1 may also be recovered in accordance with the rules for the recovery of personal taxes in the source tax law.
§ 19. The Municipal Administrative Board shall assist the road-roads management of road-roads by rules laid down by the minister for the transport minister ; 1) After negotiating with the Municipal Council of Agriculture.
Clause
20. The decisions of the municipal management board pursuant to this law may be complained to the Minister for Transport in respect of legal issues.
Paragraph 2. The time limit shall be four weeks from the date on which the decision has been issued. In the case of decisions on which public proclaim is made, the time limit for publication shall be considered. However, where there is a particular reason for that, the public office may, in advance of the declaration of the weighting board, disregard the overrun of the draft deadline.
Paragraph 3. Decisions which may be lodged shall contain information concerning the appeal may be made by the authority and the time limit for the submission of a complaint.
Paragraph 4. Complained by a decision does not release the complainant to comply with this. However, the draft authority may decide that the appeal shall have a proratory effect.
Paragraph 5. Countries between municipal authorities on matters referred to in this law are determined by the minister of transport.
Paragraph 6. Decisions to be complained in accordance with paragraph 1. 1, may not be brought before the courts until this redress is used. Search targets shall be estimated within 6 months of the notification of the Authority ' s decision.
§ 20 a. The Minister for Transport may, in the Ministry of Transport, set up the authority to exercise the powers conferred on it by the Transport Minister.
Paragraph 2. The Minister for Transport may lay down rules on the access to decisions taken under the authority of paragraph 1. 1, including that the decisions must not be taken for the transport minister.
Entry into force
§ 21. This law shall enter into force on 1. January 1973.
Paragraph 2. The Minister for Transport lays down the transitional rules that are necessary for the implementation of the law.
Paragraph 3. The Act of the Act shall be repealed, sections 1 to 5 and Clause 14 of 14. In December, 1857, about Gader, Wine and Water Run in Klegbharbor, as amended by law no. 85 of 31. March 1926.
§ 22. This law does not apply to the Faroe Islands and Greenland.
§ 6
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2.
Paragraph 2. (Indicluded, do not concern the section 3 of the change of law).
Paragraph 3. (Transitional clause, excluded).
Paragraph 4. (Transitional clause, excluded).
Paragraph 5. In the case of road roads, which are not completed by the county council, the road haumen shall be transferred to the weighing board which will take over the route in question. Cases relating to municipal route no. 170 and 171, which, in the case of the entry into force of the law, is not completed by the Municipality of Bornholm, is transferred to the Directorates.
Paragraph 6. (Transitional clause, excluded).
1) The Minister and the Ministry shall be amended as a result of the Minister for Transport and the Ministry of Transportation as a result of a royal resolution of 23. November, 2007.
