Expropriation of land by the Constitutional Court must state adequately replace

For example, the expropriation of land for construction of roads and highways have landowners receive adequate compensation. On Tuesday, it reiterated the Constitutional Court, he pleaded with his second spouse Gregůrkových from Zlin. They came to the expropriation of their land for the construction of a bypass of Otrokovice, stand behind them, but they paid only a fraction of the value.

Officials initially for land Gregůrkovým admitted only 3.5 million. Spouses, therefore, turned to the court and the Regional Court in Brno gave them the truth that for the land they are entitled to 36.2 million. Judge amount determined on the basis of the expert’s report, which took into account the market price of land. Superior Court but subsequently entitled to higher compensation for their verdict set aside and the verdict subsequently upheld by the Supreme Court.

“The Constitutional Court, referring to settled case law of the European Court of Human Rights stressed that in the event of expropriation has been expropriated person to receive compensation, the amount of which is in reasonable proportion to the market value of the property at the time of the expropriation occurred. If there is expropriation for road construction, is in reasonable proportion to the value of assets in principle, only full compensation at market prices, “said the judge rapporteur Kateřina Šimáčková.

The initial compensation was based on the laws in force in the eighties. Czech legal system only since 2006 expressly permits confer upon the expropriation of so-called usual price in a given place and time. Compensation, however, by constitutional judges could bring real value even before 2006. The higher compensation but are entitled to only those people who did not accept the expropriation at the official price, and filed suit, and the dispute has not been finally decided.

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