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Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
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