70 | Annual Report 2018
Ministry of Industry, Business and
Financial Affairs
The following statement on a case concluded in 2018
has been published:
2018-38. Holiday home owner had the duty to
maintain pipeline passing under his land
The chairman of a house owners’ association complained to the Ombudsman on behalf of a holiday
home owner because the municipality and subsequently the Danish Environment and Food Board of
Appeal had imposed the duty to maintain a pipeline
which passed under the plot of his holiday home on
him.
The pipeline was used to carry surface water from
a town to an inlet, and according to the complaint to
the Ombudsman, the owner of the plot had no direct
benefit from the pipeline. In addition, the owner had
not been aware that the pipeline passed under his plot
until his lawn was flooded because of a defect in the
pipeline.
The pipeline had been included in the wastewater plan
of the municipality for 1995 to 2010. On that basis,
the pipeline was legally classified under the category
of wastewater facilities from 1995 until 2010, with the
consequence, among others, that it was the waste
water utility company that had the duty to maintain the
pipeline during that period.
However, the pipeline was not included in the wastewater plan of the municipality for 2010 onwards –
presumably because it had been decided to switch to
separate sewer systems in the area. For this reason,
among others, the pipeline could no longer be regarded as belonging to the category of wastewater facilities but was now to be considered a watercourse.
The Ombudsman could not criticise the decisions by
the municipality and the Environment and Food Board
of Appeal that the pipeline now had the status of a
private watercourse under the Watercourse Act and
that the owner of the plot had the duty to maintain the
pipeline unless otherwise provided.
The Ombudsman advised the owner of the plot – as
the municipality and the Board of Appeal had also
done – to contact the watercourse authority, i.e. the
municipality, if he wished a different apportionment of
the duty to maintain the pipeline.
Ministry of Finance
No statements on cases concluded in 2018 have been
published.
Ministry of Defence
No statements on cases concluded in 2018 have been
published.
Ministry of Justice
The following statements on cases concluded in 2018
have been published:
2018-18. Monitoring visit to Departure Centre
Kærshovedgård – foreign nationals with tolerated
residence status who were required to reside at the
Centre
In October 2017, the Ombudsman carried out a mon
itoring visit to Departure Centre Kærshovedgård
together with DIGNITY – Danish Institute Against
Torture and the Danish Institute for Human Rights.
The visit focused on the conditions for foreign nationals with tolerated residence status who were required
to reside at Kærshovedgård and in fact resided there.
The visit comprised 13 persons who had had tolerated
residence status and had been required to reside at
the Sandholm asylum centre or at Kærshovedgård for
up to 10 years.
The report prepared by the Ombudsman on the visit is
to be regarded as a follow-up on the report prepared
by the Ombudsman in 2014 on the conditions for the
same category of persons, who were at that time placed
at the Sandholm asylum centre.
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