Ändringarna i expropriationslagens ersättningsbestämmelser : Har lagändringarna lett till några effekter för Trafikverket?

In December 2005 the government ordered a group to investigate the compensation law of expropriation. The purpose was to change the law so that it would reflect today’s conditions of expropriation. The result of the investigation was that some changes were made in the law of expropriation. The aim of the changes was to strengthen the ownership of properties. Following changes was made in august 2010; the deduction of tolerance was rescinded as well as the rule of presumption and a new rule was added saying that the market value/decrease in market value should be multiplied with 25 percent when the compensation was calculated. The aim of this thesis is to investigate how Trafikverket has experienced these changes from 2010. The thesis focus on following questions; how the valuation of the market value is done, if the compensation for the market value/decrease in market value has increased with 25 percent and if the landowners get compensation for the same damages as earlier. The results of each question is dedicated an own chapter where we present the result in text followed by a short analysis, the analysis is further developed in the discussion. Some land negotiators at Trafikverket was interviewed, in aim to get knowledge in how the process of valuation was done. Interviews with people with special knowledge in the subject was also being made, in order to get more deepen knowledge for the subject. To see if the landowners get compensation for the same damages as before august 2010, some agreements for the acquisitions of land was analysed. The conclusion from the interviews and the analysis of the agreements is that land negotiators at Trafikverket use different methods in order to value the market value. In particular, we can state that the documentation for this can be improved. It has been hard to find out if the compensation for the market value/decrease in market value has increased with 25 percent, because we did not find enough with information for this in the agreements. Though, the interviews show that the increase is different depending on which land negotiators who has made the valuation. This is because some land negotiators now use lower initial values while some does the valuation exactly as they did before august 2010. We can also conclude that the landowners get compensation for the same damages as earlier. Finally, we can conclude that the land negotiators at Trafikverket have experienced the extra 25 percent as a necessary change in the law of expropriation. They also think that 25 percent is a good level and they do not experience the process more complicated because of this changes.