After a long struggle for the pig industry, both Martin Lund Madsen, it seems that he yet may give Skovgardsvej in the Road to the municipality.
the Way city Council on Tuesday again approved an expropriation, i.e. an inclusion of the road to payment.
It means that the pig industry, both Martin Lund Madsen, who for months have blocked off the road with sand and bigballer, now to unblock.
the Supreme court has in the past given him in favour of the municipality’s takeover was illegal. But it has Tuesday got the city council to involve the the way for another section.
The write Way city Council in a press release.
the city council hopes that Martin Lund Madsen, of its own motion will remove sandbunkerne on the road, so the citizens can once again use Skovgardsvej, said mayor Egon Fræhr (V).
Svineavleren now have a four-week deadline.
the Mayor insists that the barrier can be dangerous. At the same time is Skovgardsvej necessary, in order to get the heavy traffic through the city.
the Article continues under the picture:
Farmer Martin Lund Madsen in front of the blockade, as it looked in October. Photo: Christer Holte
We have fortunately been spared from the accident until now, but we are in the dark time, and now also comes the smooth lead, says Egon Fræhr.
the Municipality has now found its legal basis in vejloven instead of elektricificeringsloven, and it is, therefore, that it can carry out the condemnation order.
Experts and the minister for transport mr Ole Birk Olesen (LA) according to the mayor stated the new expropriation as the only option.
the Municipality’s approach has previously caused a stir at the Palace. The liberal party spokesman, Preben Bang Henriksen, has called it “deeply worrying”.
the Chairman of the committee for Engineering and the Environment in the Way the Municipality of Vagn Sørensen (V) considers, however, that the criticism is shot over.
Even though the Supreme court gave svineavleren unsuccessful in that the path was invalid, so it found the at the same time, that the road would be legal, if the municipality used the vejloven.
– Many have had a think about it here, but I can see that they have not read the Supreme court ruling.
– When we started the process we asked in the department of transportation, whether it was in order, that we used elektricificeringsloven. We got a feedback that it was fully legal, so it is on this basis, it is instituted, he says.
the Municipality planned the condemnation order way back in 2013 in a cooperation agreement with Banedanmark. The path leads to a small bridge over the railroad between Kolding and Esbjerg.
In 2015, gave the district court Martin Lund Madsen successfully argued that the condemnation order was illegal. The proceedings ended later in the Supreme court, where he won again.
The 22. October 2018 established svineavleren so its blockade of the 1.4-kilometer-long road, when he would force the municipality to remove it.
the Road will be according to the local municipality usually used by the button 1300 drivers.
OVERVIEW: Path of the Road has been blocked for three months
Since October, the pig industry, both Martin Lund Madsen is blocked off Skovgardsvej in the Way the Municipality with sandbags and bigballer.
It is due to a violation of the right to the soil, which you can read about here:
* 2015: The eksproprierer (involving against payment, red.) the ground from Martin Lund Madsen. It happens to take a new road and railway bridge, which is planned together with the Municipality of Vejen.
Martin Lund Madsen takes the case to the district court, where he wins. The anchor decision.
* 2017: the high Court come to the opposite conclusion and gives safety must be upheld. Martin Lund Madsen protesting and are allowed to conduct the case in the Supreme court.
* 10. september 2018: the Supreme court determines that the condemnation order is illegal. There is no basis in the elektrificeringsloven to the condemnation order, saith the Supreme court.
* 22. October 2018: Martin Lund Madsen establishes shut-off valves in both ends of the 1.4-kilometer-long Skovgardsvej. He wants the municipality to remove the way with regard to the decision of the Supreme court.
the Way the Municipality’s mayor, Egon Fræhr (V), announces that the municipality would regularize the way to expropriate another section.
* 6. december 2018: the Way the Municipality keeps åstedsforretning at Skovgardsvej to make a new expropriation – this time on the basis of vejloven.
* 22. January 2019: the city council in the Way the Municipality decides on the extraordinary council meeting that the municipality can legally eksproprierer the way. Martin Lund Madsen has a four-week deadline.
Sources: Ritzau, JydskeVestkysten, We.dk.
