Abstract
AbstractThis article explores how the ever-increasing demand for and rapid development of high-speed broadband have influenced the policy for compensation for compulsory grants of telecom rights in land in Sweden and the UK. The article assesses whether the compensation in Sweden and the UK is fair in relation to compensation for other necessary social infrastructures such as water and electricity, consideration for equivalent voluntary rights in land, general principles of expropriation law and the right to peaceful enjoyment of property according to Article 1 in the first Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
Highlights
This article explores how the ever-increasing demand for and rapid development of high-speed broadband have influenced the policy for compensation for compulsory grants of telecom rights in land in Sweden and the UK
The article assesses whether the compensation in Sweden and the UK is fair in relation to compensation for other necessary social infrastructures such as water and electricity, consideration for equivalent voluntary rights in land, general principles of expropriation law and the right to peaceful enjoyment of property according to Article 1 in the first Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
The issue of fair compensation is discussed here primarily from the basis of a specific situation and a particular form of compulsory grant, examining what may be seen as fair compensation for compulsory telecom-rights granted in place of earlier rights, used for the same purpose and entered into on a voluntary basis
Summary
Digital connectivity and high-speed broadband are vital questions for economic growth and prosperity and have recently become high profile issues within the European Union (EU).[2]. In Sweden, the close relation between the two forms makes the provisions regarding compensation for compulsory rights indirectly applicable to voluntary rights The reason for this is that the calculation basis for compensation for compulsory rights is used as a basis for rent negotiations by telecom-operators. These differences in compensation levels in recent years have been extensively discussed and debated in Sweden This debate has focused on fairness with regards to a general sense of justice and the fundamental issue of whether compensation for compulsory rights should be compensated according to no-scheme based principles for loss or according to other economic principles, for example, profit-sharing. Fairness is discussed in relation to the calculation basis for compensation as to compulsory rights in the chosen countries, the definition and nature of the property right, compensation levels for other necessary social infrastructures such as water and electricity, consideration levels for equivalent voluntary rights. Despite the individual characteristics of the national legal systems, the main issues explored are of a more general interest
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