Publication details
Expropriation and environmental protection
| Authors | |
|---|---|
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | Proceedings of the 7th CER Comparative European Research Conference - International Scientific Conference for PhD Students of EU Countries |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Field | Law sciences |
| Keywords | purpose of expropriation; forced limitation of ownership right; public interest; under the rule of law; for compensation |
| Attached files | |
| Description | Expropriation is an institute of contemporary legislation whose applicability, or implementation, is discussed. Expropriation is a fundamental public interference in the property rights of other entities, but is not characterized as priority. Expropriation follows the achievement of a certain aim, otherwise it would not be possible and at the very least or rationally justifiable. It is permitted in the public interest under the rule of law, and for compensation. The public interest is an indefinite legal term that is proven in expropriation proceedings. The basic legislation is contained in Act No. 184/2006 Coll., on abolition or limitation of ownership rights related to land or buildings (hereinafter the "Expropriation Act"), as amended, but relating laws are what are key in terms of the environment. The paper discusses selected aspects of currently valid legislation on expropriation, the prepared amendment relating to recodification of private law, and attention mainly focuses on current case law (the decision of the Supreme Administrative Court of 07 April 2016, case no. 9 As 89/2015-28, dealing with the question of expanding the subject of expropriation to land that the expropriator does not need to achieve the purpose of expropriation.). This is viewed through the criterion of the expropriation purpose – environmental protection in the broadest sense. |
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