Background of the Karasjok Legal Dispute
Hjort has successfully assisted Finnmarkseiendommen (FeFo) in the notable Karasjok case. The Supreme Court, sitting as a grand chamber, delivered its verdict on 31 May 2024, in the case referenced as HR-2024-982-S. This landmark decision saw the Supreme Court acquitting Finnmarkseiendommen (FeFo) from the local population’s claims over property rights to the unsold land within the municipality.
Details of the Supreme Court’s Decision
The case, which has been ongoing since 2019, centers around an extensive area of approximately 5361 square kilometers, representing 98.3% of the municipality’s total area. The legal representation for FeFo was provided by Hjort’s lawyers Frode A. Innjord and Rune Mykkeltvedt. Initially, the Finnmark Commission, under a dissenting opinion of 3/2, ruled that the disputed area was collectively owned by the local community. This decision was upheld by the Finnmark Land Tribunal in 2023, also with a dissenting opinion of 3/2.
Key Points from the Supreme Court’s Ruling
Over eight court days, from 29 February to 11 March 2024, the Supreme Court deliberated and ultimately sided with FeFo. The court affirmed that the State – the King – had acquired property rights to the land in inner Finnmark, including Karasjok, as early as 1751 when the area came under Norwegian jurisdiction. The local population retained rights of use and commons, but these did not evolve into property rights over time. The court also referenced ILO Convention No. 169, clarifying that it did not support a different outcome in this case.
Implications and Next Steps
The Supreme Court did not address the local population’s subsidiary claim for collective usage rights with administrative rights and referred this matter back to the Finnmark Land Tribunal for further consideration.
