Vyvlastnění nemovitostí

• Main Author: Šebestová, Renata
• Other Authors: Drobník, Jaroslav
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-295926

Expropriation of Real Property The purpose of my thesis is to investigate expropriation as an institute of administrative law in general and the conditions of its application. The thesis concentrates on the property right limitation and on the legal regulation of compensation for the limitation. Besides historical evolution, present legal regulation is described with focus on the most important expropriation conditions - public interest, purpose and compensation for expropriation. Last part of the paper addresses the administrative procedure of deprivation and limitation of the property right. The legal bases of expropriation are established in the Charter of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the Article 11 of this constitutional law the expropriation and mandatory limitation of property rights is permitted only in public interest, on the basis of law, and for compensation. These conditions of the Article 11 of the Charter of Fundamental Rights and Freedom are further specified in the Czech Civil Code. The general rule for expropriation is Act No. 184/2006 Coll. (Expropriation Act), enacting expropriation of the proprietorship title to land and buildings, including the compensation for expropriation and special administrative procedure. This...