TNBiz (TNBiz)
Laws  |  September 26, 2012 16:35:11

Members approved the proposal faster expropriation of land for infrastructure


PRAGUE (MEDIAFAX) - expropriation of plots for construction traffic and technical infrastructure will be cheaper and faster. Change the amendment to the expropriation law, which in the middle of deputies approved by 103 votes in the third and final reading.

"This proposal is based on standard Western treatments.'s Not anything that would be of excessive. Nothing would move beyond the checks," he said before the time of Prime Minister Petr Necas (ODS). He recalled that in the Czech Republic is still simpler construction block than anything in the public interest to build.

The Act last November and this February meeting of economic ministers discussed (PEM). "The basic theme was the ability to provide higher compensation vyvlastňovanému, setting the maximum amount of a specification of the relevant decisions of higher compensation," summarized the content of the meeting the Ministry of Local Development (MLD) as the author of the law.

The Ministry has decided to meet the objections PEM and incorporate them into the final design. The court would have to determine the amount of compensation for expropriated land to take into account all the circumstances in order to come to a fair price. "In justified cases the higher amount with regard to the extraordinary characteristics vyvlastňovaného land or building, or the exceptional circumstances of the case," joined MMR.

"The pricing decisions, the court may take into account the special circumstances, or it will be more convenient for people. They can get a higher price," outlined Necas. As an example, a situation where the state to expropriate land, to which the owners have an emotional attachment because it is owned for generations. "For these reasons, special price can be increased by the court," he added.

The amount of compensation for expropriation will be based on the comments of economic ministers now propped on two expert opinions. The ministry also withdrew and returned the option to object vyvlastňovaným even those who are experts not allow access to the property.

Expropriation was still confident that receives compensation in the amount of at least 420 crowns per square meter, which was the basis for his negotiating position. Newly, the compensation should be set according to the actual condition of use of the land at the time of his appreciation for the expropriation.

"If it's a field or meadow, then it must correspond to the price and this is now about 16 crowns per square meter or less. If the subject of expropriation building plot, the amount of compensation must correspond to the construction site, in this case, the price Of course, much higher, "said Deputy Minister of Regional Development Miroslav Kalous.

Before joining the expropriation of the investor will be able to design a landowner the purchase price by up to 100 percent higher against its current price. Transport Minister Pavel Dobes (VV) has previously stated that 100 percent bonus will cover the purchase of agricultural land. The building plots will increase in price to the one in the usual place and time, only 15 percent.

The revised law should clearly specify the conditions under which it will be possible to get land for construction projects in the public interest. The very nature of the law, according to MMR does not change anything. File a petition for expropriation investor will be able to after he tried ineffectually to obtain the necessary land agreement. "Ineffectiveness of this experiment clearly demonstrate the investor, otherwise the expropriation must not happen," said Owl.

The amendment also separates the process of expropriation and the determination of appropriate compensation. If one of the parties appeals the amount of compensation determined by the court to the actual expropriation, and therefore on the implementation of the construction in the public interest that it will have no effect. "This will lead to unnecessary and costly delays especially during construction," said the Deputy Minister for Regional Development.

Provisions of the Act are not retroactive, and touch is because it solved requests for expropriation.

Filip Nachtmann, Jan Kálal, nachtmann@mediafax.cz

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Poslanci odsouhlasili návrh na rychlejší vyvlastňování pozemků pro infrastrukturu

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