Institutions in Conflict Management of Highway and Railway Projects in Finland - General analysis and the property owner's perspective

Authors

• Seija Kotilainen

Keywords:

Highways Act, Rail Tracks Act, institution, conflict, legal cadastral survey.

Abstract

Legislation for highways and railways was recently renewed in Finland. The new Highways Act (503/2005) has been effective since January 1st, 2006. The new Rail Tracks Act (110/2007) will be introduced on January 1st, 2008. In the legislative work the procedures for highway and railway projects have been greatly harmonised. The article presents the essentials of the processes and the actors in accordance with the new legislation and legal principles. Both the expropriation permit phase and the implementation phase are described in detail. Legislation and legal principles do not completely regulate the practical procedures and actors with their roles. Due to this the article strives to present the actors and their roles also in practical work. The perspective is property owner oriented. The presumption is that the theories of conflict resolution and management may be applicable as the analysis tools for this institutional consideration. The main focus is on the significance of the actors and their roles in conflict management and resolution. Legislation, principles of law and practices fairly well guarantee the real property owners' fundamental rights in route projects. Information practices, however, often lead up to the fact that the property owners are not in an equal position regarding planning. Another unequalizing matter is related to the application of an agreement-based land acquisition. This is used by the authorities according to their one-sided discretion. This leads to the situation where the assessment and compensation of losses may take place at the cadastral survey procedure by authority decisions, even though there is no conflict. This may cause a conflict if the property owner had wanted an agreement but was not aware of the opportunity for such. Legislation and principles of law determine the procedures; actors; and the roles of the actors in the legal road survey and legal proceedings. Potentials for case-specific consideration remain small. This may in some cases restrict the resolution of an actual conflict. A conflict theoretical approach seems to be applicable to the analysis of the functions, actors, and their roles in route projects. The theories formulated must, however, be applicable to the Finnish conditions.