Publication details
Rozhodnutí o pozemkových úpravách a jejich přezkum v České republice
| Title in English | Decisions on Land Consolidation and their Review in the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Proceedings |
| Conference | Analýzy a trendy v pozemkových úpravách |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | land consolidation; decision; property right; land consolidation proposal; administrative proceedings; judicial review; case law; Supreme Administrative Court |
| Attached files | |
| Description | The paper deals with the decision on the approval of the land consolidation proposal and the decision on the exchange or transfer of property rights resulting from land consolidation in the Czech Republic. The text of the paper gradually analyses the conditions of legality and the conditions for the issuance of both decisions while also emphasizing the possibilities of the landowner of the land affected by the land consolidation to defend against these decisions in administrative proceedings and any subsequent judicial review. The paper also defines the specific procedural context of administrative and judicial review of land consolidation in the Czech legal system. Based on the analysis of the related case law, it is also shown based on which arguments Czech courts usually decide in these cases. Finally, the paper answers whether the possibility of protection against interference with the owner’s property rights is sufficient for this owner. |