ПРЕДПОСТАВКИ ЗА ОТЧУЖДАВАНЕ НА НЕДВИЖИМИ ИМОТИ – ЧАСТНА СОБСТВЕНОСТ ЗА ИЗГРАЖДАНЕ НА НАЦИОНАЛНИ ОБЕКТИ И ОБЕКТИ С НАЦИОНАЛНО ЗНАЧЕНИЕ
LEGAL PRECONDITIONS FOR THE EXPROPRIATION OF PRIVATELY OWNED IMMOVABLE PROPERTY FOR THE CONSTRUCTION OF NATIONAL PROJECTS AND PROJECTS OF NATIONAL IMPORTANCE

Summary/Abstract: This study examines the legal framework governing the expropriation of privately owned real estate for the construction of projects of national importance, with particular focus on the energy sector, as regulated by the State Property Act and the Spatial Development Act. Special attention is given to the concept of a “state necessity that cannot be met otherwise” and the constitutional requirement that property owners receive prior and fair compensation. The analysis reviews key decisions of the Constitutional Court, which provide authoritative interpretation of the principle of advance and equivalent compensation as a fundamental condition for lawful expropriation. The study notes that, despite being declared unconstitutional, the provision allowing preliminary enforcement of expropriation decisions – when compensation is paid by the investor into the owner’s account without being finally determined – has been reintroduced in Article 39b of the State Property Act, subject to approval by the administrative court. The article concludes that the current regulation of preliminary enforcement, based on provisional investor-paid compensation, remains in conflict with the Constitution. As a result, affected property owners are deprived of effective judicial protection against the potential misuse of administrative powers, even when such measures are justified in the name of safeguarding state or public interests.

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