Acquisition and expropriation of real estate for the public benefit in the Czech Republic

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F15%3A00101922" target="_blank" >RIV/00216224:14220/15:00101922 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Acquisition and expropriation of real estate for the public benefit in the Czech Republic

Original language description

Expropriation is a traditional and generally accepted way of property acquisition for the public benefit. In the Czech Republic, it is most often used for roads and energy infrastructure. It has recently been a favoured tool for implementing measures to improve the environment and protect against natural disasters. Investors typically need several years to purchase or expropriate all the land required. This slows down the construction process. Every year of delay means a cost increase of approximately 5 %. My paper aims to examine the reasons for this situation. Firstly, the relevant laws are subject to far too frequent amendments. These changes lower the chances for an agreement between owners and investors by making it more difficult to assess whether a deal is profitable or not. I therefore consider them the biggest problem. Differences in land value as determined by experts during the expropriation procedure is also an issue. Last but not least, the relevant Czech laws allow for compensation only to be granted for the value of the real estate which is actually expropriated. However, owners rightfully ask for compensation for the depreciation of the remaining land, the loss of profit and the expropriation of the surrounding plots of land. Owners also often prefer to receive different plots of land in exchange for the land expropriated. Appropriate amendments of legislation could significantly improve the situation. In my paper, I will provide some recommendations in this respect and discuss them thoroughly.

Czech name

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Czech description

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Type

D - Article in proceedings

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2015

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Article name in the collection

SGEM 2015: Political Sciences and Law - conference proceedings Volume 1

ISBN

9786197105469

ISSN

2367-5659

e-ISSN

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Number of pages

8

Pages from-to

475-482

Publisher name

SGEM

Place of publication

Sofia

Event location

Albena

Event date

Jan 1, 2015

Type of event by nationality

WRD - Celosvětová akce

UT code for WoS article

000374909600061