I am fighting for my rights to keep the ownership of my land falling to the local municipal government in Finland. The act of the local town zoning and construction committee has resulted in a decision by the municipal government against our right to keep our private property. We have made a complaint about this decision to the local administrative and highest courts of Finland.
Both of these courts rejected our complaint (the highest court rejected our right to even file a complaint!) without even looking into the details of the matter at hand. I have evidence in my possession that the original plans made by the zoning and construction committee were based on false information about the ownership of my land. The evidence consists from official documents proving the ownership of my land and statements from the members of the local town zoning and construction committee that they were given false information at the time decisions were made. In other words, the local municipal government is illegally trying to take my land.
The law concerning land use and construction in Finland states:
Zoning must not cause any significant declining in the quality of living environment which is not justified taking into account the purpose of the zoning. Zoning must not also cause excessive limitations or harm to the landowner which can be avoided without discarding the goals of the zoning.
In the Charter of Fundamental Rights of the European Union, 2010/C 83/02, Article 17 it is stated:
Right to property
- Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.
Under the decisions of the town zoning and construction committee my land consisting from 700m2 will be subject to a compulsory purchasing for the planned 20000m2 recreational area. Of course the compulsory purchase will not be paid with a fair market price but with a much lower price, which is technically a legalized robbery as it has many times occurred in similar cases in Finland.
My next step is to file a complaint to the European Union Fundamental Rights commission in hopes that they can help me.
My question is: what can I do in my situation? The highest court in Finland did not even allow me to complain even though I have made thorough and detailed documents of all the facts concerning this matter proving that the decision was made on false grounds.
All help and suggestions are deeply appreciated!
I am posting my reply here to answer user @ohwilleke.
First of all, let me thank you once again for your reply, even though it does not comfort me :) In Finland you won't even get answers or justifications from government officials, you're simply told how things are from now on regarding your property (in practice I mean).
I want to comment some of the points you made and perhaps see your further thoughts about them.
About the lawyer, no we have not hired a lawyer. We have consulted though many acquaintances who are lawyers.
You have no recourse but to accept the action of the local government as lawful even though you believe that your case was wrongfully decided.
There is one question this comment makes me want to ask:
Is it considered as illegal or legal action to justify a decision based on falsely provided facts? As a hypothetical toy example, if the municipal government (in my case this is < 10 people) decides to increase e.g. taxes based on a made up study in order to get economical advantage, then is this considered a legal action if the procedure is implemented legally? In other words, is it legal to use fake evidence to support decisions in government?
This is what has happened in my case, and I have proof to back this up. The point is, the courts have not even considered this. They simply rejected it, without any kind of justifications. You might see why I am a little concerned about this. The local municipal government is abusing its power for its own interest, which is the story as usual.
Certainly, nothing you have described would violate the Charter of Fundamental Rights of the European Union, 2010/C 83/02, Article 17.
I do not understand this, could you perhaps elaborate this a little bit more? :) I'm keen on understanding who makes this decision in practice and is it required for them to justify their decision with facts or not? Or is it simply a matter of opinion like it seems to be.
Call it robbery if you will from a moral perspective, but as you note, it is legalized robbery in much the same way that taxes are "legalized theft."
What the decision of the local government will lead to eventually (because of the zoning) will result in the decrease of the value of my property, after which they will do a compulsory purchase of the land. In other words, they are using the law to firstly, decrease the value of my land and secondly, to buy it off with a lower value.
The definition of this might not be robbery, but practically this is exactly what it is.