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The district court upholds the decision of the Wilderness Committee

27. November, 2019

In a lawsuit brought by the Icelandic State against clients of LEX, the District Court of the Western Iceland, has upheld the ruling of the Wilderness Committee in favour of LEX’s clients.

In the case, the Icelandic state demanded that the decision of the Wilderness Committee in the case 4/2014; Arnarvatnsheiði, Geitland and Langjökull, in so far as it concerns Arnarvatnsheiði and the jointly owned land of Kalmanstunga I and II to be annulled. In addition, the Icelandic state demanded that a particular territory within given boundaries should be considered public land.

The clients of LEX objected to the demands of the Icelandic state and their claims were upheld, on the grounds that the land in question had been substantially claimed at settlement. No arguments had been put forth to the contrary and the land in question been regarded over the centuries, both by the owners of neighbouring properties and public authorities, that the area in question was all a part of the property Kalmanstunga. Moreover, it was found that as the boundary documents were executed with consent by the owners and holders of adjoining properties and properly registered with the Property Registry, they provided due evidence to the fact that the area in question was subject to private ownership.

The land in question was vastly extensive, or approximately 1,500 km2, and the interests of LEX’s clients accordingly high.

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