Overview (table of contents)
Roads subdivision and road authorities
General provisions regarding road administration
Expropriation and loss assessment
Admission to public roads
The relationship with railways
Excretion of road space in the cadastre.
Closure of public and general roads
Different councilor of public roads
The full text
Act on public roads
hereby promulgated the Public Roads Act, see. Legislative Decree no. 893 of 9 September 2009 with the changes imposed by § 2 of the Law no. 553 of 26 May 2010, § 105 of the Act no. 1537 of 21 december 2010, § 1 of law no. 379 of 2 May 2011.
Roads subdivision and road authorities
§ 1. In the public roads in this Act roads, streets, bridges and squares that are open to general traffic, and administered by the state or municipality under this Act.
PCS. 2. The public roads are divided into highways and municipal roads.
§ 2. The Minister of Transport is the supreme administrative authority for main roads and exercise also the powers conferred on the Minister by this Act.
PCS. 2. Transport Minister may authorize the Road Directorate or another under the Ministry of Transport agency created to exercise the powers under this Act conferred on the Minister of Transport.
PCS. 3. The Minister of Transport may lay down rules on the right to appeal against decisions taken pursuant to authorization under subsection. 2, such that decisions can not be appealed to the Minister of Transport.
PCS. 4. The administration of the highways transferred to a Road Administration under the Ministry of Transport. The methods of the Road Directorate's activities shall be determined by the Minister of Transport.
PCS. 5. The municipal councils are managing authority for municipal roads.
PCS. 6. By vejbestyrelse purposes of this Act in paragraph. 4 and 5, said authorities.
§ 3. (Repealed).
§ 4. Municipal responsibilities of the executive under this Act may be appealed to the Minister of Transport, in respect of legal issues, see. However paragraph. 2.
PCS. 2. Vejbestyrelsers decisions under § 49 and vejbestyrelsers status reports according to § 90 paragraph. 11, may be appealed to the Minister of Transport.
PCS. 3. The appeal deadline is 4 weeks from the day the decision was communicated to him. For decision on which is made public proclamation, recognized the appeal period from the date of publication. When there are special circumstances, the appellate authority, however, after having obtained the opinion The road disregard of the appeal period.
PCS. 4. Decisions may be appealed, must indicate the authority to which complaints can be made, and the deadline for filing the complaint.
PCS. 5. Appeals against a decision does not exempt the complainant to comply with this. Appeals Authority may decide that the appeal should have suspensive effect.
PCS. 6. Decisions subject to appeal under paragraph. 1, can not be brought before the courts until such appeals are utilized. Action must be brought within 6 months after the appellate authority the decision was announced.
§ 5. Disputes between municipal road authorities among themselves on Highway Authority decided by the Minister of Transport.
PCS. 2. Disputes between a vejbestyrelse and a supply of wires and road space, see. §§ 101 and 106, determined by the Minister of Transport.
§ 6. The Minister of Transport may lay down common rules and standards for the construction, maintenance and operation of public roads, including the roads to the environment, the terms and conditions and for such conditions, which, incidentally, are important for all road uniformity and road safety.
PCS. 2. Transport Minister may establish guidelines for the allocation of costs to vejforanstaltninger the intersection of roads in different vejbestyrelse.
PCS. 3. Transport Minister may provide for the use of telematics in the road sector and provisions on the collection and dissemination of information to road users of the importance of road safety and traffic flow.
§ 6 a. The Minister of Transport may lay down rules on payment for the establishment, management and operation of guidance to companies.
PCS. 2. If the paragraph. 1 said payment is not made on time shall bear interest in accordance with the Interest Act. Furthermore, the Minister of Transport set rules on payment for reminders of those payments.
PCS. 3. If the payment after several reminders not paid, the road administration without further notice deprive it of its right guidance and dismantle guidance.
§ 7. The Minister of Transport is responsible for a comprehensive road and traffic planning and that made the studies that are necessary for this.
PCS. 2. Transport Minister may allow undertake technical, economic and statistical studies which are important for the planning, construction and maintenance of main roads or highways services as a whole, as well as rules for local councils' involvement in providing the necessary data and planning basis.
PCS. 3. The Minister of Transport can create databases containing information on the public road network. Transport Minister shall issue guidelines on the contents of the databases and vejbestyrelsernes reporting of information on the public road network.
§ 8. Vejbestyrelserne produce catalogs of all public roads within their board.
PCS. 2. Minister shall lay down general guidelines for the preparation and publication of vejfortegnelserne.
§ 9. (Repealed).
General provisions regarding road administration
§ 10. It is vejbestyrelserne to keep their public roads in the state in which traffic type and size requires.
PCS. 2. Vejbestyrelserne determines which works to be performed on their roads and shall cover the costs associated with security and other preparatory measures, construction, operation and maintenance of these roads, unless otherwise specified.
PCS. 3. A municipal vejbestyrelse can leave the works referred to in paragraph. 2, perform at another vejbestyrelses measure and tendering for works of another vejbestyrelse are tendered. Transport Minister shall issue regulations.
§ 11. In special cases, the Minister of Transport with separately entered in the Finance make contributions to municipal road purposes.
§ 12. (Repealed).
§ 13. When new roads constructed and existing roads rebuilt, it may be decided that roads should be reserved for certain classes of public traffic. The decision taken by the road administration after consultation with the police, for main roads, however, the Minister of Transport after consultation with the Minister of Justice.
§ 14. It is determined by law, the public roads to be the main highways and the new highways to be constructed. Closure of public roads as main roads shall also be allowed.
PCS. 2. Determination of shooting and abandonment of highways in smaller vejforlægninger, regulation of intersections, etc.. can be taken by the Danish Road Directorate.
PCS. 3. Before the bill in accordance with paragraph. 1 is made and before taking determination under paragraph. 2, must be negotiated with the local authorities in whose territory the road runs.
PCS. 4. When a highway is transferred to county roads, the terms of the transition in the absence of agreement between the Danish Road Directorate and the future vejbestyrelse Minister of Transport.
§ 15. (Repealed).
§ 16. Before a planned major highway systems are implemented, the municipal authorities in whose territory the road runs, have access to comment.
§ 17. The Minister of Transport may empower the relevant local authority to issue such authorizations and waivers on main roads, which under this Act shall be granted by the Danish Road Directorate.
§ 18. On the main roads, which are or will be developed as highways, care must be taken for the provision and operation of additional facilities whose location applicable in connection with the highway deemed particularly important for transportation and travel life.
PCS. 2. Transport Minister may for the purposes specified in paragraph. 1 lease such land that was - if necessary by expropriation - acquired for the road system, perhaps with particular reference to the purpose and collude with the tenant for the provision and operation of fixed installations or buildings on the leased land.
PCS. 3. After the Minister of the rules in paragraphs. 1 and 2 applied to other main road sections.
§ 19. Costs for any necessary lighting on highways included among construction and operational costs.
PCS. 2. Construction and operating costs for lighting on the main road sections running through urban areas with dense, coherent construction borne by the relevant municipality. These costs may be borne by the Treasury if the lighting is essentially designed to ensure traffic on the main road.
§ 20. If, in a highway system is applied to a municipality or a joint municipal company expenses for restructuring or relocation of wires or traces, held this expenditure by the Treasury.
§ 21. (Repealed).
§ 22. (Repealed).
§ 23. The municipal council determines which new municipal roads to be constructed and the existing municipal roads to be closed down. The local council can record public roads and private roads as municipal roads.
PCS. 2. In general roads mean the roads, streets, bridges or places that are open to the public, but not administered by the government according to law, statute or declaration.
§ 24. Before taking any decision on the construction of decommissioning, relocation of or implementation of major works on municipal roads, including major changes in transverse profile, etc., will affect the road's capacity, the Danish Road Directorate have the opportunity to comment, if that county roads intersect, will cut or has or is associated with an existing or planned highway or an existing route numbered road in general.
§ 25. (Repealed).
§ 26. Vejbestyrelserne drawn up taking into account the other planning in the plans for the construction of new roads, major redeployment of existing roads and other major construction projects, including significant changes in transverse profile which gradually to be carried out on their roads.
§ 27 road plans for main roads affirmed by the Minister of Transport.
PCS. 2. Before a highway construction to be admitted on the road plan, the road authorities in whose territory the road runs, have the opportunity to comment.
§ 28. Before a municipal roads recorded on the municipal road plan, the municipalities whose roads will cut or connect with the planned road construction, have the opportunity to comment.
§ 29. If a municipal road will cut or connect to an existing or planned highway or an existing route numbered road in general, the Road Directorate have the opportunity to comment before a road facility included on the municipal road plan.
§ 30. When the final decision is taken pursuant to the preceding paragraphs, the plant must be included on vejbestyrelsens road plan.
PCS. 2. It is incumbent on any vejbestyrelse to keep a record of the installations are recorded on its road plan.
§ 31. The Minister of Transport may lay down detailed rules for the publication of vejbestyrelsernes road plans and the formulation of vejplanfortegnelserne.
§ 32. When a road is included in the road plan, the road administration ensure its implementation using the provisions set forth in this Act § 35, as well as acquiring property under the provisions of this Act Chapter 5, when deemed necessary to prevent unreasonable costs of any eventual implementation of the system.
§ 33. If a vejbestyrelse want to give up a plant that appears on road plan, shall proceed in the same manner as specified in §§ 27-29.
PCS. 2. When the system is deleted by the road plan, the responsibility of the road administration to ensure the abolition of building lines and other security of the plant's implementation.
§ 34. When he vejbestyrelse considers that traffic into account should be a public way possible extension to a greater width, or to Traffic's best interests also makes it necessary, it may order the imposition of building lines. Building lines are normally determined relative to the center of the road. Imposed building lines on both sides of the road, it must be spaced not more than 100 meters off the main road and other route numbered roads and 50 m by other municipal roads. Imposed only a construction line on one side of the road, the distance to the opposite side of the road does not exceed the said objectives.
PCS. 2. If, for reasons of ensuring free overview at intersections may be desirable to establish a second location of the building line than its cut. 1 indicated, the road administration decide accordingly.
PCS. 3. In areas located in front of a building line, do not constructed new buildings, including extension or reconstruction of burned or pulled down buildings, that it not be made significant changes in the existing buildings. In such areas should also not be arranged sports fields, cemeteries, tank farms, gravel pits or other facilities of a lasting nature.
PCS. 4. If a settlement etc. not charged with land line in future vejhøjde, it must not without vejbestyrelsens consent included in the building line or vejlinjen, but must be brought as far back further, which corresponds to 2 times the height difference in addition to the required width of passage, at least 1 m.
§ 35. To ensure the implementation of new roads and barracks of existing roads that are recorded on road plan, and to safeguard free overview of such roads can The road may provide that settlement and in § 34 also referred to the construction of permanent art must be kept behind the building lines that are indicated on one of the road administration drafted plan. There may also be provision to the road connecting to other roads as well as on the extent to which from the adjoining land will be direct access to the road. Building lines may be imposed for a maximum period of 10 years. Building line orders can be extended by up to 10 years each.
PCS. 2. Before determining taken under paragraph. 1 with respect to the main roads, the municipal authorities in whose territory the road runs, have access to comment.
§ 36. When a route recording on highways plan is being prepared under the provisions of Chapter 3, or building lines to ensure the way is being prepared in accordance with § 35, The road ban, to be on a property affected by the planning, carried out the measures referred to in § 34 paragraph. 3. Such a prohibition can only be closed down for a period of one year and can not shut down more than once.
PCS. 2. It is a municipal council to submit reports to him vejbestyrelse, before authorization is granted to a construction likely to come in conflict with a vejlinje recorded on the road plan, but it is not guaranteed by the construction line. If The road is not within 2 months after receiving such notification shall prohibit under paragraph. 1 to the proposed use of the property, building permit drawn up in accordance with the usual rules.
§ 37. About the laying of building lines according to §§ 34 and 35 and extending the building lines in accordance with § 35 must be made public proclamation in place just leaves after vejbestyrelsens provision, like The road must send notification to the owners and users whose properties are directly affected by the order and whose title appears in the Land Registry. In the mentioned in § 35 event is presented by the road administration plan drawn up at the municipal office in the municipalities affected by the plan, or else for the residents convenient location. Notification will also be sent to the local council.
PCS. 2. Building line Rules that are publicly promulgated, must be respected from kundgørelsens date both property owners and users as of mortgagees and other holders of rights to property, regardless of when their rights have been acquired.
PCS. 3. When in § 4 set deadlines for appeal has expired and the decision of the complaints are taken, dragons The road caring for registration of the construction line provisions specifying their powers.
PCS. 4. The road should be at the owner's request, informing him of the byggelinjernes location on his property. Before construction work undertaken either on a public road adjacent land where the listed provisions in accordance with § 34, or on a title number, which is listed provisions in accordance with § 35, the developer is obliged to in The road to collect information whether the performance of the work will come in conflict with the measure building line provision.
§ 38. If the owner of an area subject to a building lines according to §§ 34 or 35, is cut from a use of land that is reasonable and justifiable, taking into account the area's location and other characteristics, and which corresponds to the exploitation takes place of other neighboring or surrounding areas, the owner can apply for land taken over by the road towards compensation. The owner of an area, which to a large extent imposed on building lines in accordance with § 35, may also covet the land taken over by The road against damages when building lines prevents the sale of land and there are special personal reasons of the owner to request that the area taken over. The surface area is only part of a property owner can request the entire property waived if the remaining portion of the property is so small or so designed that it is not considered appropriate to be preserved as an independent property or exercised reasonably.
PCS. 2. A request to take charge shall, as far as building lines imposed by § 34, be made within six months after the owner has been notified of the construction line rules, or if the complaint is filed within 6 months after the final decision of the appeal is notified the owner. When special reasons exist, can The road permit application on takeover submitted after the expiry of the time limits. For building lines imposed by § 35 applies no deadline for requesting acquisition.
PCS. 3. In the event The road owner's request pursuant to subsection. 1, or achieved no agreement on the amount of compensation, the matter is referred to the valuation mentioned in §§ 57 and 58.
PCS. 4. assessment authorities shall determine whether the owner's requirements under paragraph. 1 must be met and sets out compensation for the land acquisition in accordance with § 51.
§ 39. When a property is bordered to the public road, private common or zoned private common intersect at an angle of less than 135 °, it is therefore emerging corner in case of new buildings of the reason or alterations must be treated as such, cut with a line that has a length of at least 5 m. for older areas with predominantly connected buildings can be determined that the line length is reduced to 3 m.
PCS. 2 pcs. 1 also applies to property resulting from or altered by subdivision, registering or transferring when the property is adjacent to such a corner.
PCS. 3. When a property is divided up or land transfer access along a private common or zoned private common, adjacent to another private common, one zoned private common or public road in such a way that the adjacent vejgrænser intersect at an angle that is less than 135 °, the so obtained corners cut in accordance with paragraph. 1. The requirement hjørneafskæring applies only to the property, which happens subdivision or land transfer and the requirement does not apply to field or forest land, provided there is a change to their application.
§ 40. Hjørneafskæring shall be made so that the cutoff line forming equal angles with the two adjacent vejgrænser.
PCS. 2. The foregoing provisions shall apply only to the extent that existing settlements do not preclude hjørneafskæringen.
PCS. 3. In relation to total vejudlæg within larger areas can hjørneafskæringerne with the consent of the road authority (for public roads vejbestyrelse) be different than in front indicated.
PCS. 4. Cut corner areas by public roads must be established as part of the road space of that vejbestyrelse. The cost of any necessary fence relocation held by that landowner.
PCS. 5. Cut corner areas only limits to private common, must be brought as a way for them vejmyndigheds of Directors. Expenditure is divided between the road bordering reasons for the rules on allocation of costs to private roads.
PCS. 6. The provision of § 38 shall apply mutatis mutandis at hjørneafskæring.
§ 41. Hjørneafskæring as described in §§ 39 and 40, also of relevant local road authority is required implemented through expropriation in accordance with the provisions in Chapter 5. He municipality shall pay in such cases the costs of fence relocation and area plants which way.
§ 42. The road may grant an exemption from and abolish provisions adopted pursuant to §§ 34 and 35. With regard to provisions adopted pursuant to § 35, the road administration, when exemption from, or repealing provisions will significantly affect the plans for road expansion shall first obtain the opinion of the authorities who ruled on the building line order according to § 35 paragraph. 2.
PCS. 2. The road - as regards private roads road authority - may grant an exemption from the provisions of §§ 39 and 40.
Expropriation and loss assessment
§ 43. The public interest requires it, he may vejbestyrelse initiate expropriation for public roads and footpaths. The same applies to private roads and footpaths, when such is necessitated by:
1) works etc. on the road, see. paragraph. 2 and § 69
2) decision or for the establishment or use of accesses to public roads, see. §§ 78 and 79, or
3) decision on the provision of road access in the decommissioning of government and public roads, see. Chapter 9.
PCS. 2. The expropriation may be made to the new construction, extension and modification of existing installations for accessories and necessary additional measures, including car parks, lay-bys, rest areas, material sites, storage sites, with suppression measures, fauna passages erstatningsbiotoper and similar measures to compensate for a vejanlægs intervention in the state of nature , vegetation and the like, for procurement of road materials and fillings for laying fillings. Expropriation may also be done for the sake of exploitation, operation, security, visibility, protection and operation in a suitable manner, including ensuring overview of intersections or curves, for laying or revocation of existing crossings, crossings and road and stitilslutninger and restoring the at roads broken connections. For highway construction may expropriation also happen to such additional facilities whose location applicable in connection with the road is deemed particularly important for transportation and travel life.
PCS. 3. For the compulsory purchase may be:
1) is acquired ownership of land, buildings and facilities, which are connected with the land or buildings, and accessories.
2) Final or temporarily imposed restrictions on the owner's or the acquisition of the right to exercise special access to real property.
3) Final or temporary acquisition or termination of or made use restrictions rights, easement rights, and other rights in real property.
§ 44. Expropriation of acquiring ownership lapses all rights in or to the expropriated property, unless otherwise stipulated in each case
PCS. 2. In the cases mentioned in § 43 paragraph. 3, no. 2), the expropriation founding rights over real estate respected by the holder of all other property rights, unless otherwise provided in individual cases.
Processing and studies
§ 45. Any landowner must accept that the preparatory surveys, leveling and other technical work and studies necessary for the implementation of a facility that is covered by this Law, performed by The road on his property.
PCS. 2. About the making of the measures referred to in paragraph. 1, at least 2 weeks given prior separate notification to owners and users of the relevant property or, if this is not possible, be published in one or more of the local magazines.
PCS. 3. The damage and inconvenience caused by these measures, to be replaced, possibly in connection with a subsequent expropriation. In the absence of an amicable agreement on the amount of compensation determined that under the provisions of §§ 51-58.
§ 46. Expropriation of land for highway construction is done under the Act on the procedure for expropriation of real estate.
PCS. 2. In the appropriate circumstances, can the Minister of Transport, however, provide expropriation and loss assessment must be made by the local government measure. The rules of this chapter shall, where appropriate, apply with the necessary facilities.
PCS. 3. Expropriation of land for municipal road construction is done according to the rules in this chapter. Transport Minister may after a vejbestyrelses request allow the expropriation is done under the Act on the procedure for expropriation of real estate.
§ 47. When a municipal vejbestyrelse will seek the measures mentioned in § 43, conducted by expropriation, it must be borne by one åstedsforretning.
PCS. 2. For use in åstedsforretningen draws road administration a plan for expropriation with list of owners and users who will be affected by the expropriations that are necessary to implement the proposed measures. The material must include information about the approximate size of the areas involved and a brief indication of the changes in the existing situation, measures will provide for the properties (land inventory with expropriation level).
PCS. 3. The road must be at least 4 weeks notice publish the time and place of åstedsforretningens held in place just leaves after vejbestyrelsens provision. The publication serves for information for anyone who owns, uses, mortgagee or in any other capacity has an interest to safeguard the occasion of expropriation. Area List of expropriation plan for at least 4 weeks before åstedsforretningens holding lie for inspection at the local municipal office or other of the occupants accessible place, and the publication must mention that fact.
PCS. 4. To åstedsforretningen heralds road administration with at least 4 weeks notice owners and users according to land inventory in writing, to the extent necessary information on addresses and more. can be provided. Similarly, the other, according to the available information must be deemed to have an interest to safeguard the occasion of the planned expropriation or the measures heralded. Dawning must contain details of where expropriation plan is presented, and the content of the provision in § 48 paragraph. 3. The portion of land inventory relating to that owner's or user's property, shall be provided.
§ 48. åstedsforretningen must attend at least one member of the municipal council, which is vejbestyrelse, and a member of the municipal council leader business. Whether on business entered into a minute.
PCS. 2. åstedsforretningen must account for the planned expropriation and its precise scope, including with respect to each in attendance demonstrated how the proposed measures will affect his property or rights how accessibility is intended to be sorted, and the system is intended to be taken with regard to the cut areas. These should as far as possible apply similar shift. Vejbestyrelsens representative may, åstedsforretningen propose compensation is determined indicating the replacement items, as this includes. The proposal shall be made subject to expropriation promote and vejbestyrelsens accession.
PCS. 3. Owners, users and others who directly or indirectly affected by the expropriation, have access to the åstedsforretningen or within a period of 3 weeks after this to submit comments on the planned measures, including to propose changes, like the have access to voice the views they find should influence the compensation is determined.
PCS. 4. If during åstedsforretningen any agreement on the amount of compensation or other matters in connection with the proposed expropriation, the agreement must be entered into the record stating that the agreement is entered into subject to expropriation promote it during åstedsforretningen available basis and subject vejbestyrelsens accession.
§ 49. When in § 48 paragraph. 3, that period has expired, take road administration on the basis of the resulting decision on whether and if so how, expropriation and measures to be implemented. Decision on expropriation can be taken before the expiry of that period if the expropriation procedure must be deemed insignificant in comparison to the affected properties size and value, and the åstedsforretningen achieved accession of the planned actions by all owners and users and others who directly or indirectly affected by the measures.
PCS. 2. Notification of the expropriation decision on the substance and on their implementation together with the output of any of åstedsprotokollen introduced and the road administration joined the agreements sent to owners and users of other persons entitled, as well as other legally interested parties who have appeared at åstedsforretningen. The notification shall be in relation to each contain information about the restrictions that happens in his rights by the expropriation, as well as information about the right to appeal against expropriation decision and the deadline for this. Any revised land inventory shall be provided.
PCS. 3. If no before The road under paragraph. 1 decides on expropriation, agreed on the amount of damages or if such an agreement can not be accepted by the road administration, the road administration in connection with the notification under paragraph. 2 propose compensation is determined indicating the replacement items, this includes. The notice under subsection. 2, where appropriate, include a statement that compensation will be determined by the appraisal if compensation proposal is not accepted within one of the road administration fixed period of not less than 4 weeks of receipt. Similarly, information on the matter being referred to the appraisal must be provided if a written compensation proposals are not made.
PCS. 4. Measures implemented by expropriation shall not be implemented before the appeal deadline referred to. § 4, paragraph. 3, unless it is accepted by the affected owners and users.
§ 50. (Repealed).
Of compensation fixing
§ 51. Compensation in respect of the implementation of the measures provided for in §§ 43 and 45 shall be determined under the general rules.
PCS. 2. The compensation is determined is herein to reduce the increase in value, as the remaining property is estimated to achieve. As a result, the compensation can be completely withdrawn when the road administration proposed measure is estimated to result in greater benefit for the owner than the damage caused to him by the measure.
PCS. 3. In cases where the expropriation of part of a property means that the remaining part of the property is so small or so designed that it is not considered appropriate to be preserved as an independent property or exploited in a reasonable way, the owner can request the entire property refrained. Under similar circumstances, the owner may require the surrender of a portion of the property when this part is cut off at a vejlinje.
PCS. 4. If the compensation for a property impairment is estimated that it will be confronted manifestly disproportionate to the residual value of the property, the road administration require the entire property ceded.
PCS. 5. Land that is cut at a vejlinje and can not comfortably be, may the road administration required waived if compensation for their losses or bekostningen by providing access to them must be estimated to be faced manifestly disproportionate to land values.
PCS. 6. The provisions of paragraphs. 3-5 shall apply mutatis relaxations, when carried out expropriation in cases specified in § 43 paragraph. 3, no. 2) and no. 3).
PCS. 7. In the absence of an amicable agreement with the road administration in the cases referred to in paragraph. 3-6, the decision of the appraisal, see. §§ 57 and 58.
§ 52. If an amicable agreement on the amount of compensation has not been achieved within 8 weeks of the in § 49 paragraph. 1, must determine expropriation or if expropriation decision is appealed, within 4 weeks after the final decision of the appeal, it is for road administration to refer the question of compensation for case appraisal commission decision referred to. § 57.
§ 53. taksationsforretningen convened the parties in writing at least 4 weeks' notice.
PCS. 2. The Commission shall make the audience familiar with the matter available information to which parties have access to the commission to explain the views of their form up should influence the compensation is determined.
PCS. 3. Valuation Notwithstanding the allegations that were killed for this, consider any matter relating to the compensation, provided that the parties have had the opportunity to submit their observations.
PCS. 4. the valuation order to the extent necessary be accompanied by reasons and indicate the commission's position on the circumstances, the parties relied. In the order indicate afståedes market value good character or availability constraints the deterioration it causes in this value. If applied to the owner or other disadvantages, indicated its replacement as a special item.
PCS. 5. A replacement determining, when exceptional circumstances so require, be done on terms that should be specified in the warrant or postponed, but not longer than for the plant's completion. Compensation for land disposal must always be fixed immediately if the owner so requests.
PCS. 6. Print the order is sent to the parties with information about the right to have the compensation issue for him overtaksationskommission and the deadline for this, see. § 54.
§ 54. Order an appraisal commission may be appealed to them overtaksationskommission, see. § 58. The order terminating the meeting where the parties are present, referral made by declaration to the commission's protocol. It should also be referral be made by written request to the valuation President within 4 weeks after the printout of the valuation award is part received. When there are special circumstances, can the Appraisal chairman, however, after having obtained the opinion of the other party allow a case to the overtaksationskommissionen, regardless of the request made since the end of that period.
PCS. 2. The provisions of § 53 paragraph. 1-5, find the necessary relaxations, for the Appraisal casework. Copy of the order sent to the parties.
PCS. 3. If only the question of the under § 61 allowance provided has been brought overtaksationskommissionen can overtaksationskommissionen decide the case on the basis of written statements from the parties. The President may decide that the case can be decided by written submission to the Members without holding a meeting.
§ 55. Print the order of one of the valuation or overtaksationskommission sent to anyone who has a legal interest therein and makes his application.
§ 56. If a claim for compensation in connection with the implementation of an expropriation of someone who is not subject to expropriation, and compensation issues concerning the expropriation already submitted for the appraisal, the road administration at the request of the refer the matter to the valuation that can record case for an award if it considers the case suitable for the treatment of the commission. If the case the admissibility, the provisions of §§ 51-55 apply mutatis easing.
§ 57. To determine the compensation issue, see. § 52, reduces transport minister taksationskommissioner and set their business areas.
PCS. 2. An appraisal commission composed of three members. Transport Minister appoints for a 6-year term a President who must be graduates in law. President acquires for each case two members of a municipal list, see. Paragraph. 3.
PCS. 3. Each municipality shall appoint municipal 2 persons for municipal runtime included in a list of members of the appraisal commission, which includes the municipality.
§ 58. The Minister of Transport reduces overtaksationskommissioner in accordance with § 54 to verify the decisions taken by taksationskommissionerne. Minister sets overtaksationskommissionernes business areas.
PCS. 2. A overtaksationskommission comprises 5 members. Transport Minister appoints for a 6-year term a President who must be graduates in law and two permanent members with alternates. President acquires for each case another 2 members from a local list, see. Paragraph. 3.
PCS. 3. Each municipality shall appoint municipal 1 person for municipal runtime included in a list of members of the overtaksationskommission which includes the municipality.
PCS. 4. A overtaksationskommission a quorum when the chairman and at least two other members are present. In the event of a tie, the Chairman has the casting vote.
§ 58 a. Taksationskommissionerne and overtaksationskommissionerne are independent bodies whose members are not subject to the instructions on the individual case decision.
§ 59. To assist of the valuation and overtaksationskommissioner appoint him vejbestyrelse a surveyor.
PCS. 2. Valuation and overtaksationskommissionen may call in experts to give advisory opinions. Remuneration of the experts determined by the Commission.
§ 60. Members of the valuation and overtaksationskommissioner must have proper knowledge of property valuation.
PCS. 2. No one can be a member, surveyor or expert participating in the consideration of issues for of the valuation or overtaksationskommission when
1) he is interested in the outcome,
2) he or she is related or related by marriage in the ascending or descending line or collaterally as close as cousins with someone who is interested in the outcome or the person's spouse, guardian, adoptive or foster father or -moder, adoptive or foster child, | ||
3) he is a member of the vejbestyrelse which has taken the decision on expropriation,
4) there are other circumstances that are apt to arouse doubts on his impartiality.
PCS. 3. No person may participate as a member or called as an expert witness in a case before a overtaksationskommission when he worked on the case for case appraisal commission. However, in accordance with § 59 paragraph. 1, designated surveyor participate in both the valuation as the Appraisal deliberation.
PCS. 4. The for which the disqualification grounds exist, shall as soon as possible and before the start of negotiations provide the commission's chairman notice. If a party claims that disqualification grounds exist, the other party shall have access to state its position before a decision is taken.
§ 61. When a Party to protect its interests against road administration during the proceedings has incurred expenses necessary for expert assistance, including lawyers, auditors, etc., They can commission impose road administration must pay appropriate compensation.
§ 62 of the valuation and overtaksationskommissioner can transport minister's approval assume secretarial support. Minister lays down rules for the remuneration of chairmen and secretaries of commissions and the commission members. Remuneration may be fixed in the form of predetermined, fixed amount.
PCS. 2. Expenses for remuneration of chairmen and secretaries held by the Treasury, while all other expenses of the commissions' activities is the responsibility of the person vejbestyrelse.
Of compensation payment
§ 63. The compensation amounts bear interest from the date of the decision on expropriation, mentioned in § 49 paragraph. 1. Another starting point can be determined when the circumstances so warrant. Interest is accrued at an annual rate equal to the discount rate set out by Danmarks Nationalbank at the time of the expropriation decision.
§ 64. The road must provide compensation without undue delay. Mortgagees and holders of other rights, the right has been registered before the expropriation are things like, in order of demand compensation paid to them. The road must before payment procure whether such demands are made by authors whose addresses can be obtained from the Land Registry.
PCS. 2. Notwithstanding paragraph. 1 can compensation be paid to the property owner without the consent of mortgagees or other rights when road administration estimates that the expropriation in relation to the size of the property and the value is negligible and poses no danger to the collateral.
§ 65. Pleas of expropriation under this Act shall be instituted within six months after the decision was announced.
PCS. 2. Decisions can be verified according to the rules in §§ 4 and 54, can not be brought before the courts before this ordeal option is exercised.
§ 66. The Minister of Transport may lay down rules for ekspropriationssagers treatment and of the valuation and overtaksationskommissioners business.
PCS. 2. Environment Minister, the Minister for Justice may lay down rules governing the procedure for cadastral, respectively registration-related, corrections front of expropriation covered by this Act.
§ 67. (Repealed).
Special rules for the estimating by certain laws
§ 67 a. The provisions of paragraphs. 2-6 applies to actions for damages brought before the appraisal by the Watercourse Act and the Water Supply Act, except for cases covered by the Watercourses Act § 72 or the Water Supply Act § 42.
PCS. 2. The case brought before the valuation by written request to the commission's chairman. The request must contain the complainant's claim, a summary of the facts supporting the claim and an indication of the documents and other evidence which the plaintiff intends to rely. The request must be submitted copies of the documents to which the complainant intends to rely, as far as they are in its possession.
PCS. 3. In these proceedings, the provisions of §§ 51, 53-56, 58 a, § 59 paragraph. 2, § 60, § 62 paragraph. 1 and paragraph. 2, first indent, § 66 shall apply accordingly.
PCS. 4. assessment authorities may order a party to pay costs to another party. Appraisal authorities may decide that the complainant must provide security for the payment of costs which it incurs. Security is not within one of the appraisal period determined inadmissible.
PCS. 5. assessment authorities may order a party entirely or partially pay taksationsmyndighedernes costs of the proceedings apart from the remuneration of chairmen and secretaries. There is a lien for the amount.
PCS. 6. Legal aid may be granted under the provisions of the Administration of Justice Chapter 31
Admission to public roads
§ 68. At the crossing purposes of this Act access to public roads to vehicular traffic from adjacent property or private roads.
PCS. 2. The release purposes of this Act access to public roads for pedestrians from neighboring properties or from private common paths.
PCS. 3. By road or stitilslutning purposes of this Act connecting to public roads for public roads or paths.
Admission for the construction or reconstruction of public roads
§ 69. For new road construction and renovation of existing roads The road decide whether and if so to what extent that will be allowed access to the road from the neighboring properties. Switch road facility of a property to date access to the public road network or part of the property, the road administration as far as possible secure the property as other required road.
PCS. 2. establishes no necessary connection to a public road or to cut off parts of the property, the property owner or user rights to compensation under the provisions of §§ 51 -58. In assessing whether established adequate road connection, shall not be taken into account that the changed access conditions give the property a more remote location in relation to a public road, for a building or a site completely or partially prevents a property from its previous clientele or cause property future expenses for repairs, maintenance or upkeep of the road.
PCS. 3. cut off any access to the property or any part thereof, without providing other access to public roads, it is for road administration to take over the property wholly or partially subject to compensation under the provisions of §§ 51-58.
Construction of new accesses to public roads
§ 70. raised exit and transitions and connections for roads and trails for public road may not be established without vejbestyrelsens permission.
PCS. 2. establishes a municipal road access referred to in paragraph. 1 within a range of 100 m - in urban areas, however, within a range of 50 m - from a main road, must also obtain permission from the Danish Road Directorate.
PCS. 3. If deemed necessary by road construction or traffic reasons, the road administration as a condition of a license under paragraph. 1 and 2 require regarding the exact location, design and application of the entries listed in paragraph. 1, including the access width of the free list of corner areas, the nature and extent of the traffic flow at the access and multiple properties use the same access. The road may also make permission conditional on the public road, taking into account the changed traffic conditions rebuilt carriageway, channeling light signal and the like. The road may require that the costs of the aforementioned measures wholly or partially borne by the road administration for the road or path that connects the public road, or as far as crossing or transition, in the special case by the owner or user. The road may require themselves to take in this paragraph referred to measures against the reimbursement of expenditure to this.
Use of existing accesses to public roads
§ 71. raised exit and transition to a public road shall not, without permission vejbestyrelsens used for access to other properties than those for which they are brought.
PCS. 2. If a level crossing, which was brought solely for the road, which is necessary for the earth's agricultural operation (field level crossing), used for other traffic, exacted vejbestyrelsens permission.
PCS. 3. An existing crossing or transition may not, without permission vejbestyrelsens used for property obtained or changed by subdivision, registering or transferring.
PCS. 4. Entry and exit outside of authorized crossings and junctions must not take place without vejbestyrelsens permission.
PCS. 5. When the use of access referred to in paragraph. 1-4 desired by county roads within a range of 100 m - in urban areas, however, within a range of 50 m - from a main road, must also obtain permission from the Danish Road Directorate.
PCS. 6. Consent pursuant to paragraph. 1-5 can be conditioned as specified in § 70 paragraph. 3.
§ 72. For all main roads and such municipal roads that are considered of particular importance for the through traffic, taken as laid down in § 73 clause on the term limits that will apply in terms of connecting new roads and trails, construction of new overpasses and transitions - in general, apart from the field runs - as well as with regard to access to the road in general, including the use of existing accesses (access rules).
§ 73. Access rules fixed by the road administration.
PCS. 2. When considering the definition of access rules for a path must be taken into account on the one hand that the road will serve as an in safety and traffic terms satisfactory thoroughfare on the other side of the building, which has already taken place along road, and to present planning arrangements.
PCS. 3. Before access provisions stipulate must The road negotiate with the authority which prepares the municipal plan for the area.
PCS. 4. If there is disagreement between the road administration and the authority referred to in paragraph. 3, whether there for a stretch of road to be determined access rules, or on their specific contents, settled the dispute by transport minister after consultation with the Minister of Environment.
§ 74. Fixing the access provisions under §§ 72 and 73 draws The road promulgation in the Official Gazette and in local magazines. The proclamation stated, where available information on the substance of the rules. At the same time notification of adgangsbestemmelsernes content given to the authorities referred to in § 73 paragraph. 3.
PCS. 2. Access Rules, which the proclamation recorded in the Official Gazette, must be respected by both owners and users affected by the access provisions, as of mortgagees and other holders of rights over these properties, regardless of when their rights have been acquired.
Information. Objections. Registration
§ 75. The road shall as soon as possible and within 6 months from the promulgation inform as far as possible any owner and user of the property that may be deemed to be affected by access rules on the access rules set for each property.
PCS. 2. The notification must specify a period of not less than 6 months from receipt of the order The road to raise objections with regard to the access rights assigned to a property. The notification shall also include information on the content of § 78.
PCS. 3. The road causes access provisions registered on the properties that are estimated to be affected by the provisions.
§ 76. When the deadline set by § 75 paragraph. 2, has expired, making The road any corrections to set access rules.
Change and cancellation of access provisions
§ 77. The road may at any time modify or terminate access provisions in accordance with § 73.
Acquisition of land
§ 78. If the owner of an area as a result of decisions and rules adopted pursuant to §§ 70-73 is cut from a use of land that is reasonable and justifiable, taking into account the property's location and other characteristics, and which corresponds to the exploitation taking place of other neighboring or surrounding areas, the owner can apply for land taken over all or part of the road administration, unless the road administration may assign other appropriate access to the area.
PCS. 2. The request to take charge shall be made within six months after the owner has been notified of the decision or legislation, or if an objection is made according to § 75 paragraph. 2, or complaint brought by § 4, within 6 months after the owner has been notified of the decision of the opposition or the appeal. When special reasons exist, can The road permit application on takeover submitted after the expiry of the time limits.
§ 79. If the road administration finds that a requirement under § 78 is justified, it shall prepare proposals for the provision of other suitable access to the site or to make an offer of compensation for the land acquisition.
PCS. 2. Where road administration requirement justified or not achieved between the road administration and the owner agreed on the proposed revised access conditions or on the offered compensation, the matter is referred to the valuation mentioned in §§ 57 and 58.
PCS. 3. assessment authorities shall determine whether the owner's requirements in accordance with § 78 must be regarded as justified, and if so, whether the road administration any proposals for changing access conditions are satisfactory. If not, fix the appraisal compensation for the land acquisition in accordance with § 51, cf.. §§ 53-55.
Announcement of exemptions from access provisions
§ 80. Exemption from the promulgated access provisions can be done when there are important reasons why it is deemed compatible with the considerations underlying the access provisions.
PCS. 2. Exemptions granted by road administration.
§ 81. (Repealed).
§ 82. Pending the establishment of admission according to §§ 72 and 73, the road administration require subdivision, registering or transferring areas where the new property or retained land borders a public road, or recording on the cadastral map of a new way of connecting to a public road deferred for up to one year.
§ 83. Minister of the Environment, the Minister for Justice may lay down rules on cadastral corrections, respectively registration-related adjustments occasioned by the provisions of this chapter.
§ 84. The Minister of Transport may, after receiving the declaration of the competent railway infrastructure manager and vejbestyrelse impose the rail infrastructure or road administration to initiate or expand viaducts to ensure traffic flow by crosses between rail and road. The cost shall be borne by the Treasury.
PCS. 2. As construction or expansion of such a viaduct may lead to future reductions in rail infrastructure manager's annual spending, hold the rail infrastructure, however, an amount equal to the capitalized value of the cost savings and other benefits gained. If agreement is not reached on the amount, determined this by the Minister.
§ 85. The Minister of Transport shall, after consultation with the Minister of Justice detailed rules for safety at crossings between railways and roads that are open to general traffic, including rules for inventory areas, signaling and automatic boom barrier.
§ 86. Proposals for new or revised safety at crossings between railways and roads that are open to general traffic, should be submitted to the Minister of Transport for approval. The Minister shall lay down detailed rules, including on oversight and redress to the Railway Board.
PCS. 2. Transport Minister may after consultation with the competent vejbestyrelse, respectively road authority, or railway infrastructure manager impose vejbestyrelse, respectively road authorities and railway infrastructure manager to establish new security measures at the crossings mentioned in paragraph. 1, or improving existing safeguards.
PCS. 3. Transport Minister may, after consulting the relevant authorities and companies allow that security intersections referred to in paragraph. 1, made less extensive if traffic at the intersection do this properly.
PCS. 4. Costs for the establishment, operation and maintenance of security held by the Treasury.
PCS. 5. The rule in paragraph. 4 shall not apply when the safety or improvements of these are caused by new construction works on road or rail network or when the extent of the measures so far are paid by vejbestyrelse, respectively road authority, or railway infrastructure manager, is reduced. In these cases paid construction, operation and maintenance of the case vejbestyrelse, respectively road authority, or railway infrastructure manager.
§ 87. Upon the recommendation of the railway infrastructure manager Secretary of Transportation can allow the rail infrastructure either by legislation or otherwise obligation imposed guarding crossings with roads that are open to general traffic, lifted on condition that the rail infrastructure set up the light signal plants. Relief of the manually operated booms with automatic boom barrier is not considered revoke the aforementioned guard. The cost of construction, maintenance and operation of the safeguards provided in their entirety by the railway infrastructure manager.
Excretion of road space in the cadastre. Upholding
§ 88. Road authorities The ownership of the newly acquired road areas must be ensured by area the separation of cadastre.
PCS. 2. The assertion can not be won over the public roads if land is excreted in the land register.
§ 89. It is vejbestyrelserne to ensure that all main roads and municipal roads excreted in the land register as public roads, unless special circumstances apply.
PCS. 2. closed down a road or public, should The road lead the necessary change in the cadastre made.
PCS. 3. Transport Minister may, after consultation with the Minister of Housing lay down detailed rules for vejarealers excretion and changes in cadastre.
The abolition of the public and public roads
§ 90. When the provisions of Part 2 decision on closure of a public road, and the road is not maintained as public under another vejbestyrelse, the road administration decide whether the road should be maintained as private access for a single property private common for multiple properties or deleted as traffic area.
PCS. 2. The road shall be maintained wholly or partly as road where, after the cadastral map is the only access road to the property or any of its weights, and are not also established another road access, or if the road also is of importance for a property.
PCS. 3. If the road is maintained as a private road for a single property, the road administration order the owner of this to take over road space. § 91 paragraph. 5 shall apply mutatis mutandis.
PCS. 4. If the way future must be private common road administration must make provision for the properties road will serve as traffic area, and about who the future must be the owner of the road space. Provisions on the weather and title to the road must be registered by vejbestyrelsens measure.
PCS. 5. Vejbestyrelsens envisaged decisions under paragraph. 1-4 shall be announced in the local magazines for vejbestyrelsens provision. Owners and users of property which may be deemed to be affected by the decision must also be notified of this. Every publication, etc. shall include information on the provisions of paragraph. 2 and 6 and § 91.
PCS. 6. If it is intended road or parts thereof shall not maintained as private, must be given a period of at least 8 weeks within The road to claim that the road should be maintained in accordance with paragraph. 2. Rejects The road requirement, the decision may be required before the in §§ 57 and 58 above valuation within 8 weeks after the decision was communicated to him.
PCS. 7. The road concerned may take a decision that a public road to be closed and transferred to private common or private road, four years after The road has announced that it intends to take such a decision and the decision must be taken within 6 years publication.
PCS. 8. In a decision that a public road to be closed and transferred to private common or private road, the road administration by making an inventory document that road with equipment is in good and safe condition in relation to the future traffic on the road.
PCS. 9. Transport Minister shall lay down rules on state reports design and content, etc. and fees to cover the costs by accomplishing tasks related to the handling of complaints about vejbestyrelsers condition reports, see. § 4, paragraph. 2. Transport Minister may lay down rules on the fees that are not paid on time, subject to interest in accordance with the Act on Interest on Overdue Payments Act, and rules for payment for reminders.
PCS. 10. During the hearing under subsection. 5, 2nd paragraph., Sends The road its status report, see. Paragraph. 8 to the owners and users of property, estimated to be affected by the decision, with a period of at least 12 weeks to make objections, etc. against the report. The road is publishing the status report for a like period.
PCS. 11. After the deadline specified in paragraph. 10 The road shall issue a final status report sent to the affected owners and users with information on the right of appeal, see. § 4, paragraph. 2. The road is publishing the status report.
PCS. 12. Final decision on that road ceases public and transferred to private, not earlier taken after complaint deadline referred to. § 4, paragraph. 3, and if the status report is appealed, the earliest when the decision on the appeal.
PCS. 13. Resolution on a public road to be closed and transferred to private, can not otherwise justify a claim to the road administration.
§ 91. If not in accordance with § 90 provision to maintain a closed public roads as private, road space, regardless of what properties it acquired, divided by the road's center line, offered the owners of the road bordering properties for acquisition amount, fixed by the road administration.
PCS. 2. In the absence of an amicable agreement on the takeover of the amount set this under the provisions of §§ 51-58.
PCS. 3. When the total or partial closure of the road is provided in a local plan, the road administration, notwithstanding paragraphs. 1 and 2 are free to dispose of road space. The same applies when a landowner does not want to take over road space for the amount required.
PCS. 4. The road may in special cases order the owner of a neighboring property to take over a prepared road space.
PCS. 5. The road shall ensure cadastral rectification of the changing nature of ownership in connection with the closure of roads as public.
§ 92. In a vejforlægning or vejomlægning can The road regardless of the rules in § 90 offer smaller cast-road areas that can not be deemed to have traffic significance of any property, the owners of the neighboring properties in accordance with § 91.
PCS. 2. If a vejforlægning or vejomlægning made expropriation, it related to the expropriation determined how to act with cast-road areas.
§ 93. The municipal council shall request from the owner of a property where a public road runs, decide whether the road to be closed, restructured or maintained as before. The local authority may on its own initiative adopt similar decision. If the road is decided rescheduled or maintained, there must also be decided whether the way future must be public or private.
PCS. 2. The decision shall be published in local magazines after the local Board of Directors and communicated:
1) owners of the properties bordering on the road,
2) owners of other properties that the local council estimates has special interest in the issue of the road's future conditions, and
3) as far as possible the owners of the land falling to the road.
PCS. 3. The notice must specify a period of not less than 8 weeks for the submission of objections to the decision that the road to be closed or reorganized. The notification shall also include information on the content of the paragraph. 4 and §§ 94 and 95. If the road is decided sustained as private, the message must include a statement of the properties road will serve as access and to weather the private roads of the country will be things like at the municipal measure.
PCS. 4. If the local council rejects an objection under subsection. 3, the decision may be required before the valuation authorities referred to in §§ 57 and 58, within 8 weeks after the decision is announced to the persons concerned.
§ 94. No way, after the cadastral map is the only access to a full-located property or pretended to be disbanded by the decision unless a simultaneous provision to other access.
PCS. 2. Resolution on restructuring of public road or obtaining other access can be implemented by expropriation in accordance with Chapter 5.
§ 95. If a general way decided disbanded and no one can prove his right to the road area, this must be shared by the road's center line, offered the owners of the road bordering land at the rate of the area's liberation costs. If a landowner does not receive such an offer, the road authority free to dispose of the land that is offered to him. In special cases, the road authority, order the owner of a neighboring property to take over an abandoned area.
PCS. 2. The municipal council shall ensure that the restructuring and closure of public roads recorded in the land registry.
§ 96. In public footpaths purposes of this Act traffic areas, which are preferably reserved for regular walkers, cyclists and riding traffic, and administered by the state or municipality under this Act.
PCS. 2. The trails, referred to in this chapter include only paths that are not part of public roads.
§ 97. The road can construct and dismantle public footpaths and take over public footpaths and private common paths as public. The road may determine that a private common to have the status of a public path, but otherwise maintained as private common.
§ 98. Vejbestyrelserne draw up list of all the public trails during their board.
PCS. 2. The Minister of Transport will decide the general retningslinjier for the preparation and publication of stifortegnelserne.
§ 99. It is vejbestyrelserne to keep public paths in the condition in which the use requires, and pay the costs associated therewith. Running a public footpath over a private common road administration will hold a proportionate share of the cost of road repairs and maintenance.
§ 100. The Act on public roads shall, with the necessary relaxations apply to public trails.
Different councilor of public roads
Exhumation etc. of road space
§ 101. In the public road space is not allowed outside vejbestyrelsens consent of any such change, including made excavation or admitted Fixings, just as there must be dug, plowed or do other similar measures, as near road space that this or road markings, boundary stones, etc.. damaged.
PCS. 2. Do not vejbestyrelsens without permission carried out excavation or filling more road space than 3 m, and the grave or infill slope towards the road should not be steeper than equal to 2 times the height difference.
PCS. 3. Any person who by public roads, including public roads under construction, arranges for implementation of construction, excavation or filling, to take measures for nature and extent necessary to avert danger or inconvenience to traffic and to ensure against slippage or damage to the road space, or the wires, cables, poles, etc., disposed in the area. If the nature of the soil requires it, road administration require observance of special security measures or on a smaller slope angle or provide for a greater distance from the road by which the excavation or filling may be made.
Special access to road space
§ 102. Without vejbestyrelsens permission must be for a public road related area not used:
1) the permanent or temporary placement of waste, equipment, materials, movable property, sheds, cabins, booths, vending machines, signs, fences or the like
2) placement of vehicles for sale or rental without driver,
3) placement of vehicles for repair, filling of propellants, cleaning or the like when this happens as part of a commercial activity.
PCS. 2. If any unauthorized placing objects etc., Referred to in paragraph. 1, and the person does not comply with an order to remove these, the road administration entitled to his bill to remove the placed. Is it placed inconvenience to traffic, the road administration and in urgent cases, the police may, without prior injunction to remove the deposited to his account.
PCS. 3. Objects that may cause snesamlinger on road space must where construction is not found, in the winter time is not placed within a range of 10 meters from the road boundary.
PCS. 4. Waste water should not be allowed out on roads or their ditches or pipes. Other supply of water may take place only with vejbestyrelsens permission.
§ 103. On public roads fixed objects, signs or similar not without vejbestyrelsens permission positioned so that they protrude into the road space. Bay windows, open balconies, bulging windows and related building that is raised 2.8 m above the pavement, must without permission vejbestyrelsens placed beyond sidewalks up to 1 m from the carriageway edge or bike path. The same applies to gates, doors, walls and windows, which are arranged to open outward, to the extent their lower edge is held at a height of at least 2.2 m above the pavement.
PCS. 2. The road may require trees and other vegetation on, over and in road space removed, cut, new standard or trimmed. The same applies to trees and other vegetation in an area of road when road repairs or regard for traffic conditions make it necessary. If vejbestyrelsens requirement is not honored by a set deadline, the road administration having the work done by its action on the owner's expense.
Election Posters on road space
§ 103 a. When selecting posters selection means agitational messages on a weather-resistant plate which is not greater than 0.8 m 2.
PCS. 2. In the period from the fourth Saturday before election day to 8 days after election day may be taken in connection with parliamentary elections, municipal and regional elections, elections to the European Parliament, referendums and other elections are held on public law, hung election posters on public roads. Hanging up election posters must be from the beginning of the day. Dismantling of election posters and means for attaching the election posters to be completed at end of day.
PCS. 3. Election Posters should be hung on poles for street lighting, street trees, fences, masts for use in electricity supply and devices attached to the ground, which aims to showcase election posters.
PCS. 4. Election Posters should be hung securely and in such a way that they do not cover the authorized traffic signs, including road signs, road signs or similar device prevents adequate visibility conditions or otherwise pose a danger to road safety.
PCS. 5. Election Posters must not be suspended
1) on motorways, dual carriageways and weighed ramps,
2) in the central reservation on roads where the speed limit is over 60 km / h.,
3) in the central reservation on lines where speed is temporarily reduced to 60 km / h. or less,
4) on the same device as authorized traffic signs, including road signs, road signs or other road equipment
5) on high voltage pylons, transformer stations, closet, etc.,
6) closer than 0.5 m from the carriageway edge or 0.3 m from the bicycle path edge measured from the nearest edge of choice poster
7) lower than 2.3 m directly above the sidewalk or bicycle path measured from the bottom edge of choice poster
8) higher than 1.5 m below the lowest live wire measured from the top edge of the election poster or
9) in such a way that election poster can cause damage to or alteration of roadside trees or poles for street lighting, fences and devices for utilities.
§ 103 b. A hung election poster must bear the name, address and telephone number of the natural or legal person who initiated the election poster hanging. Information on legal persons must be supplemented by the name, address and telephone number of a natural person representing the legal person. The information must be indicated in such a way that they are legible throughout the suspension period.
PCS. 2. Election Posters suspended in violation of § 103 a paragraph. 3-5, shall be removed within 24 hours after the road administration has announced an order to this effect to the natural or legal person referred to in paragraph. 1, point 1., Or the natural person referred to in paragraph. 1, 2nd sentence.
PCS. 3. The road may take down election posters, which are not dismantled within the paragraph. 2 that period or is hung outside in § 103 a paragraph. 2 that time. The road can also take down election posters, which are suspended in violation of § 103 a paragraph. 3-5 and which contains in paragraph. 1 required information.
PCS. 4. The road or the police can immediately take down election posters that constitute a direct and specific danger to road safety.
PCS. 5. The road Immediately after dismantling contact the person or entity referred to in paragraph. 1, point 1., Or the natural person referred to in paragraph. 1, point 2., Requesting that election posters collected. Election Posters that are not picked up within 6 months after the date of elections, can be destroyed.
PCS. 6. Vejbestyrelsens and police expenditure by paragraph. 3-5 and the cost of repairing the damage to roadside trees and devices paid for by suspension transferee. If it is not possible to impose suspension transferee of those costs, the natural or legal person referred to in paragraph. 1, point 1., Required to bear these costs, unless that can substantiate that suspension has not happened, at his instigation. If the election poster contains in paragraph. 1 mentioned information, the natural or legal person who agitated for election poster, required to bear these costs, unless that can substantiate that suspension has not happened, at his instigation.
PCS. 7. Decisions and actions by paragraph. 2-5 can not be appealed to a higher administrative authority.
§ 104. For the establishment or expansion of tank farms on or near public roads required vejbestyrelsens permission. The authorization may be limited in time. The permit lapses if the license holder gives up the company. The same applies if the tank is not created and the company is not in use within 2 years after the license was granted. Transfer of tank farms can not be done without vejbestyrelsens approval.
PCS. 2. The establishment or expansion of tank farms on or near municipal roads within a range of 100 m - in urban areas, however, within a range of 50 m - from a main road must also obtain permission from the Danish Road Directorate.
PCS. 3. When deemed necessary by road construction or traffic reasons, the road administration as a condition of a license under paragraph. 1 and 2 require with regard to the precise location, design, layout and use of the installations referred to in paragraph. 1, like The road can make permission conditional on making such measures by the public road, which necessitated the service station and that expenditure to this wholly or partly from the tank plant holder. The road may require themselves to take in this paragraph referred to measures against the reimbursement of expenditure to this.
PCS. 4. Transport Minister may draw up common guidelines for the guidance of vejbestyrelserne the establishment and operation of tank farms by public roads.
§ 104 a. Minister of Transport may lay down rules for the establishment and use of tracks (freight tracks mergelspor, brickyard track roespor etc.) On or over the road.
PCS. 2. The road may grant permission for the construction of the in paragraph. 1 said track.
PCS. 3. Transport Minister may decide that the rules established by paragraph. 1, should also apply all or part of existing track installations.
§ 105. Before permission is granted pursuant to §§ 101-104 a, The road negotiate with the police.
§ 106. Working on wires or municipal roads, including necessary relocation of wires, etc. in connection with the road regulation or restructuring, paid for by the person conduction owner, unless otherwise specifically stated by agreement or order of the expropriation commission set up under the Act on the procedure by expropriation of property or decision of a local council for the water Supply Act §§ 37 and 38, see. § 40.
PCS. 2. As mentioned in the paragraph. 1 applies to work on highways, unless otherwise provided by § 20
PCS. 3. Work on the wires or above public roads carried out by that line owner, unless otherwise especially provided. The road can, however, require even to carry out road works in the working line,
1) there is a need to coordinate the work line with other work on the road space,
2) when the line fails to abide by conditions imposed in connection with an authorization under paragraph. 4, or
3) in terms of equivalent weight applies.
PCS. 4. Projects for laying of new or modifications to existing underground cables and for placing or moving the rod rows, light pedestals and the like. must first start of work approved by the road administration. Lead owner may without special permission have carried out urgent repair work when shortly thereafter is notified about it to the road administration.
PCS. 5. Notwithstanding any provision in the legislation also requires permission from The road to the placement of the longitudinal lines or in areas of highways, built or developed as highways.
§ 107. For the use of specially designated public parking spaces and systems for motor vehicles can leave The road charge a fee to cover the costs of installation and operation, including the exercise of supervision of the parked vehicles.
PCS. 2. Moreover, the road administration in consultation with the police decide that in places where limiting access to park motor vehicles is desirable, charged a parking fee that may be related to the period during which the vehicles are kept on hold.
Road signs, road signs, etc.
§ 108. On the property, including buildings along a public road to road administration or local council place:
1) signs indicating street names
2) road signs and information signs,
3) traffic lights and cables thereto
4) luminaries with cables for lighting of road, street name signs, road signs and information signs,
5) master, guy ropes and carry threads for use by public means of communication and utility and
6) marks for leveling and marking in connection with the preparatory work for the display of signs, etc.
PCS. 2. About the making of the measures referred to in paragraph. 1, at least 2 weeks given prior owners and users of case properties written notice.
PCS. 3. Any damage or discomfort caused by positioning, presence or maintenance of the signs etc., Referred to in paragraph. 1, to be replaced by the appropriate authority. In the absence of an amicable agreement on the amount of compensation determined this by the valuation mentioned in §§ 57 and 58.
Implementation of international conventions and EU regulations
§ 109. Transport Minister shall lay down rules on the implementation or application of international conventions and EU rules on matters relating to roads that are covered by this law. Transport Minister may lay down rules on the communication of orders and prohibitions and disclosure requirements.
PCS. 2. Transport Minister may in connection with the issuance of regulations under subsection. 1 provide that such rules should apply to private roads.
§ 110. (Repealed).
Fences on the road
§ 111. When it is deemed necessary by road construction or traffic reasons, the road administration determine whether the property that borders on a public road shall be erected and maintained fence towards the road and, if necessary, decide on the fence design.
PCS. 2. If a property is not set up fencing on public roads, and the area of the property closest to the road, used for common, can The road, when deemed necessary by road construction or traffic reasons, decide that the Act on private roads on the rehabilitation and maintenance of such roads to be applied to the area concerned.
PCS. 3. In the event that, under the law provision on access restrictions to the effect that the property, which borders a public road can not be obtained direct access to the road, set up and maintain road administration possibly distinctive fence on the road. By subdivision, registering or transferring areas where a new property or a transferred land bordering the road, the road administration, however, require that the owners need to set up and maintain future safely, unbroken fence towards the road.
§ 111 a. Where there by a public authority measure imposed on a property overview easement, the police, regardless of who is entitled to institute proceedings under the easement document provide the required notice to comply easement provision.
§ 112. Payments which a vejbestyrelse or municipality under the Act has provided the advance, the road administration or municipality mortgage and preference for the property in question as of municipal property taxes.
PCS. 2. The condition attached to the permit or authorization under the Act or regulations issued pursuant to this Act is binding on owners and holders of other property rights without regard to when the right is established. The road leaves the condition of things bright on the property at the owner's expense.
§ 113. Penalty that:
1) violates § 34 paragraph. 3, § 35 paragraph. 1, § 39, § 40 paragraph. 1, § 74 paragraph. 2 and § 103 a paragraph. 4 and 5,
2) start, taking in use or otherwise undertake no action without obtaining permission or approval as required by law or pursuant to the Act Regulations issued or implement any measure, which require prior authorization, otherwise than is permitted by the competent authority ,
3) disregards the conditions laid down in the permit or authorization under the Act or pursuant to the Act Regulations issued
4) fails to comply with an order or prohibition issued under the Act or pursuant to the Act Regulations issued
5) willfully removes, defaces or damages markings, etc., Which is made in connection with the measures set out in §§ 45 and 108.
PCS. 2. In regulations, drawn up in accordance with the law, can stipulate fines for violation of the provisions of the regulations.
PCS. 3. There may be imposed on companies. (Legal persons) under the rules of the Penal Code Chapter 5.
Rectification of illegal association
§ 114. It is incumbent on the current owner of a property, as well as the person who committed the offense, to rectify it by the offense made unlawful state until the exemption authority after having given the relevant local authority the opportunity to comment on it grant an exemption .
PCS. 2. Progeny an owner or user of a property no one told him by ordering the correction of an offense, it may by judgment requiring him within a specified time limit under duress of consecutive penalties to correct the matter.
PCS. 3. When a by judgment granted an order to rectify an offense is not complied with within the judgment laid down, and the recovery of fines and penalties is not likely to lead to that to comply, is the competent authority take the necessary steps to relationship rectification against reimbursement from the owner or the person who committed the offense.
PCS. 4. The police shall under this Act to authorities assistance in accordance with arrangements to be negotiated between the Minister of Transport and Minister of Justice.
§ 115. The Act comes into force on 1 April 1972 (Omitted).
PCS. 2. Transport Minister lays down transitional rules required for implementation of the Act.
§§ 116-118. (Omitted, transitional provisions).
§ 119. At the commencement of the Act is repealed:
1) Act on highways, see. Legislative Decree no. 321 of 2 July 1970 on the main roads,
2) the Act on the board of the public roads, see. Legislative Decree no. 369 of 5 August 1970
3) Act on subsidies for public roads, see. Legislative Decree no. 367 of 22 July 1970
4) § 23 of the Building Act, see. Legislative Decree no. 206 of 15 May 1970.
§§ 120-124. (Omitted, transitional provisions).
§ 125. The Act does not apply to the Faroe Islands and Greenland.
Act no. 233 of 21 April 1999 amending the Public Roads Act, the Act on private roads, Law on Expropriation Procedures real estate and law on Banestyrelsen etc. if § 1 relates to §§ 2, 35, 37 , 38, 47, 49, 53, 54, 57, 58, 58a and 60, contains the following commencement and transitional provisions:
PCS. 1. This Act comes into force on 1 July 1999, cf.. However paragraph. 2.
PCS. 2. (Effective provision, omitted).
PCS. 3. (Transitional provision, not reproduced).
PCS. 4. For building lines imposed to ensure new roads and barracks of existing roads before commencement of the Act, see. Paragraph. 1, begins the ten-year period referred to in § 35 paragraph. 1, 3rd section. Of the Act on public roads as inserted by § 1, no. 2, to run from 1 July 1999.
Act no. 1336 of 19 December 2008 amending Withholding Tax, the Tax Collection Act, udpantningsloven and various other acts (consequential changes to the law on recovery of debts to the public), whose § 130 relates to § 112, contains the following provision:
PCS. 1. This Act comes into force on 1 January 2009, see. However paragraph. 2. § 11 applies only to decisions on withholding of salary, taken under the Act.
PCS. 2. (Effective provision, omitted).
Act no. 1407 of 27 December 2008 amending the Public Roads Act (Safety at level crossings), whose § 1 relates to §§ 84, 86 and 87, contains the following provision:
This Act shall come into force on 1 January 2009.
Act no. 553 of 26 May 2010 amending the Railways Act and the Public Roads Act and repealing the Act on veteran cars (Creating Railway Board, repealing the Act on veteran lanes, etc.), whose § 2 terms of § 86, PCS. 1, contains the following provision:
This Act shall come into force on 1 July 2010.
Act no. 1537 of 21 December 2010 on private roads if § 105 relates to §§ 4, 23 and 90, contains the following provisions:
The Act comes into force on 1 January 2012, see. However paragraph. 2 and 3.
PCS. 2. (Omitted).
PCS. 3. § 105, no. 1 and 4, shall enter into force after publication in the Official Gazette. Roads that municipalities according to § 90 paragraph. 1 of the Act on public roads in the period from November 5, 2010, the provisions of § 105, no. 1 and 4, comes into force, has decided sustained as private roads or private roads, in connection with the discontinued as a public roads, recorded as municipal roads by those provisions come into force. Reasonable expenses incurred by landowners during this period incurred as a result of these weighed temporary status as private reimbursed by the municipality at the road's admission into the public.
Act no. 379 of 2 May 2011 amending the Public Roads Act and the Act on private roads if § 1 insert § 103a and § 103 b, contains the following provisions:
The Act comes into force after publication in the Official Gazette.
Transport Ministry, November 3, 2011
Henrik Dam Kristensen