Vyvlastnění z důvodu ochrany přírody a krajiny
Expropriation and Nature and Landscape Protection
Author(s): Jakub HanákSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: expropriation; nature and landscape protection; property rights; public works; development of legislation; land
Summary/Abstract: It is possible to remove property rights to land, if it is necessary to the nature and landscape protection. This paper analyses the relevant legal regulation. The first part briefly describes the development of this legislation. The text focuses on the issue of section 60 of Act no. 114/1992 Coll., on protection of nature and landscape. This allows expropriation in cases set by special acts. At the same time, according to some authors, it is the expropriation purpose itself. Author presents arguments for both conclusions. This paper also describes land expropriation in order to establish elements of the territorial system of ecological stability, protect healing springs, redevelopment projects and other related issues. However, land expropriation for these projects is rarely used. Author tries to explain the reasons for this situation in the last part of the paper.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 61/2015
- Issue No: 2
- Page Range: 25-35
- Page Count: 11