D 2017

Expropriation and environmental protection

ŠVARCOVÁ, Kateřina

Basic information

Original name

Expropriation and environmental protection

Authors

ŠVARCOVÁ, Kateřina

Edition

1. vyd. London, Proceedings of the 7th CER Comparative European Research Conference - International Scientific Conference for PhD Students of EU Countries, p. 34-38, 5 pp. 2017

Publisher

Sciemcee Publishing

Other information

Language

English

Type of outcome

Proceedings paper

Field of Study

Legal sciences

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

is not subject to a state or trade secret

Publication form

electronic version available online

References:

URL

Organization

Právnická fakulta – Repository – Repository

ISBN

978-0-9935191-4-7

Keywords in English

purpose of expropriation; forced limitation of ownership right; public interest; under the rule of law; for compensation

Links

MUNI/A/1212/2016, interní kód Repo.
Changed: 23/4/2022 02:51, RNDr. Daniel Jakubík

Abstract

V originále

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.
Displayed: 18/6/2025 21:50