TNBiz (TNBiz)
Markets  |  August 15, 2012 14:40:05

The Constitutional Court has defended women in whose company restituted land rekultivovaly sandpit


BRNO (MEDIAFAX) - The Constitutional Court on Wednesday defended Čiháková Jaroslava, who sued the possibility of reclaiming land that had the Czech authorities in 1994 returned in restitution. The woman opened the way for possible money, by which it was supposed to prepare the companies that reclamation of sand on her property arbitrarily implemented.

Constitutional Judge Dagmar Lastovecká Wednesday in the case of women had been a breach of her right to a fair trial.

Čiháková protested against the Czech courts to it in a complicated land restitution and the case made it impossible to freely dispose of his property. Particularly protested against the fact that land reclamation had to endure that it be issued in restitution in 1994, without the whole thing could express itself.

The woman did not agree with the proposal opponents mainly because as a land owner had the right to enter into a lease agreement with another entity that would dotěžení the sand reclamation of land made. Although initially the Court of First Instance ruled in its favor, an appeals court rejected its claims but the fact that a woman is obliged to tolerate rehabilitation so that the land could be used for its original purpose - agricultural production.

Čiháková but claimed that the intervener dispute had caused considerable damage by the hundreds of thousands of appropriated amounts improperly chose the illegal mining and reclamation operations, all without her consent and without financial compensation. Prague, but the appellate court concluded that the obligation to reclaim the site was created at a time when land still owned Čiháková.The court, however, the woman did not take into account that her property illegally confiscated by the communists in 1948. Therefore, the conclusions of the Courts of Appeal disagreed, criticized their lack of understanding of the issue and filed a constitutional complaint.

The Constitutional Court on Wednesday gave the woman the truth and the judgments of the Board of the Regional Court in Prague and Brno in the Supreme Court set aside. "Conclusions of the Prague Regional Court and the Supreme Court are the result of arbitrary application of ordinary law," said the judge-rapporteur Dagmar Lastovecká. She stressed that the dispute was "a clash rights owner, who intends to freely dispose of his land on which the deposit is non-reserved mineral, which is under the Mining Act part of the land, and the alleged" right "to carry out reclamation work odvozovaným of legal obligations precursor extracted reclaim him space. "

The courts will therefore need to consider the matter again.

George Novacek, novacek@mediafax.cz

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