Overland's Case

• Jurisdiction: Noruega
• Docket Number: Case No. 156
• Date: 25 August 1943
• Court: District Court (Norway)

Norway, District Court of Aker.

Case No. 156

Øverland's Case.

Belligerent Occupation — Legislative Measures of Authorities Installed by Occupant — Expropriation Decrees — Power to Alter Existing Laws — Competence of Courts to Pass on Validity of Legislative Measures under the Authority of the Occupant.

The Facts.—Peter Øverland, the owner of a large estate near Oslo, bequeathed his estate to Selskapet for Norges Vel, an agricultural society, for use as an experimental farm. After his death one of his descendants, R., challenged the will and took steps to acquire the estate in application of his allodial privileges. Such allodial privileges (odelsrett) are based on old Norwegian custom; they are also recognized in the Constitution of 1814. Their purpose and effect is to keep land within the same family, in case the owner attempts to sell or bequeath the land to persons outside the family or to more distant relatives: R. succeeded in his action. The Society thereupon applied to the Norwegian authorities installed by the German occupant in Norway, and a special Decree-law was issued, with the consent of the occupant, which gave the Society power to expropriate the estate. The Society then brought an action for the restoration of the property. R. contended that the Decree-law was void as issued ultra vires the rights of the occupant (or authorities installed by him).

Held (by a majority of three members of the Court, the President and one member dissenting): that the Decree-law must be set aside as being contrary to Article 43 of the Hague Regulations, and that the expropriation proceedings must therefore be dismissed.

The Court said, in part: “It is unnecessary for the Court to consider the question whether the courts are generally allowed to...