We successfully represented a client in a legal dispute against the Estonian state concerning the imposition of strict nature conservation restrictions on private land without a proper legal basis.
Establishment of protective zone based on outdated data revoked
The Estonian state established a 35.79-hectare conservation zone in Saaremaa to protect the Eurasian goshawk. As a result, economic activity, construction, the use of natural resources, and even camping and lighting campfires were prohibited on private land within this zone.
“The court found that no nesting by the Eurasian goshawk had been observed there for years and that the key evidence was outdated or inaccurate. In the court’s view, such interference with property rights was neither justified nor proportionate,” said Britta Retel, the counsel representing the landowner.
Tallinn Circuit Court’s decision is significant for all landowners, as it confirms that nature conservation measures must be based on up-to-date and accurate data.
Retel emphasised that landowners should not be penalised in situations where the need for nature conservation has not been proven: “In the case of private land, careful consideration must be given to when restrictions are necessary and when they are not. The sole basis for decision-making cannot be the assumption that the area may be suitable as a habitat.”
Our services and client team
We represented the client on all aspects of the litigation, advised on document preparation, and coordinated communication with various authorities.
With the court’s judgment entering into force, the state has moved swiftly to enforce it. The Environment Agency has been requested to remove data and restrictions relating to the disputed area from state information systems. The next step is expected to be an amendment to the relevant ministerial regulation, which still designates the area as a protected site for species.
The client team was led by counsel Britta Retel, supported by partner Allar Jõks and senior associate Elina Lumiste.
