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On enclosure Norwegian style Cover
Open Access
|Sep 2015

Figures & Tables

Table 1

List of the various acts relevant for rights of commons and hunting in private commons.

YearRuleSummary of the rules affecting the rights of commons
1687Christian V’s Norske Lov [Christian V’s Norwegian Law – usually referred to as N.L.]Provides legal regulation of the exploitation of commons, in particular Sections 3-12-1–3-12-6 and for fishing, Section 5-11-1
1857Lov 1857-10-12 Indeholdende bestemmelser om almindingsskove. [On forest commons]Defines state common, bygd commons, and private commons
1863Lov 1863-06-22 Om skovvæsenet. [On forest administration]Section 42 stipulates that in 20 years at the latest private commons should be divided into private land and bygd commons
1899Lov 1899-05-20 Nr. 2 Angaaende jagt og fangst (jaktloven). [On hunting and trapping]The act makes hunting into a right for the landowner. It includes rules about rights for community members to hunt in state, bygd, and private commons, and rules prohibiting the severance of the right to hunt from the land for more than 10 years
1920Lov 1920-03-12 Nr. 5 Om utnyttelse av rettigheter til beite, fiske, jakt og fangst m.v. i statens almenninger (fjelloven). [On the exploitation of rights to pasture, fishing, hunting and trapping etc. in state commons (The mountain act)]The act provides rules about hunting and fishing in State commons, making fishing and hunting small game without use of dog into an all men’s rights provided the stipulated fee is paid.
1951LOV 1951-12-14 Nr 7 Lov om viltstell, jakt og fangst. [On wildlife care, hunting and trapping]Section 15 continues the rule for private commons introduced in the 1899 act. Hunting rights cannot be severed from the land for more than 10 years at a time.
1957Lov 1957-06-28 Nr 16 om friluftslivet (on out door life)The act secures the right for every person to roam across wilderness areas and in forests without regard to ownership status as long as due care is taken not to impose unreasonable burdens on the landowner. This includes the right to enjoy the land by camping and bathing, by picking berries and nuts.
1964Lov 1964-03-06 om laksefisket og innlandsfisket. [On fishing for salmon and in freshwater]The act states that the default rule is that the right to fish follows the land. The act rescinds N.L. Section 5-11-1 and in the 1920 act it adds rules about access to fishing for citizens of other countries than Norway. The community of commoners of bygd commons retains minimal rights of common to fish. Private commons are not mentioned. Fishing rights cannot be severed from the land for more than 10 years at a time.
1981LOV 1981-05-29 nr 38 Lov om viltet (viltloven). [On wildlife]The act removes the rules about hunting rights in private commons. But it retains rules about hunting rights in bygd commons, and in co-ownerships also for those without full ownership (only use rights), and the board for wildlife management is instructed to work for increased public access to hunting.
DOI: https://doi.org/10.18352/ijc.482 | Journal eISSN: 1875-0281
Language: English
Published on: Sep 18, 2015
Published by: Uopen Journals
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2015 Erling Berge, Anne Sigrid Haugset, published by Uopen Journals
This work is licensed under the Creative Commons Attribution 4.0 License.