The Karasjok Supreme Court Judgment – and Its Significance for the Legal Survey in Finnmark
The Karasjok judgment was pronounced by the Supreme Court of Norway on 31 May 2024. By a narrow majority (6 to 5), the Supreme Court concluded that neither the population of the municipality of Karasjok as a whole, nor the Sámi part of it, have property rights to outlying fields in the municipality,...
| Published in: | Arctic Review on Law and Politics |
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| Main Author: | |
| Format: | Article in Journal/Newspaper |
| Language: | English |
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University of Tromsø – The Arctic University of Norway, Faculty of Law
2024
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| Online Access: | https://arcticreview.no/index.php/arctic/article/view/6844 https://doi.org/10.23865/arctic.v15.6844 |
| Summary: | The Karasjok judgment was pronounced by the Supreme Court of Norway on 31 May 2024. By a narrow majority (6 to 5), the Supreme Court concluded that neither the population of the municipality of Karasjok as a whole, nor the Sámi part of it, have property rights to outlying fields in the municipality, as the landownership belongs to the Finnmark Estate (Finnmarkseiendommen/FeFo). The Supreme Court thus set aside the Finnmark Land Tribunal’s judgment, in which the conclusion was that the population’s property rights were established through immemorial usage. In this paper, I discuss the significance of this Grand Chamber judgment for the upcoming legal survey, including which scenarios can be expected. |
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