Expropriation and rights of third parties

Jurisprudence 2/2020 Section: Articles Page: 26–39

Keywords: proprietary right, expropriation, rights of third parties, administrative proceedings, easements

Abstract: This paper deals with the issue of the rights of third parties in relation to the expropriation proceedings. First of all, it is the question what rights of third parties become extinct in connection with expropriation. Particularly problematic is the examination of this issue in relation to the leasehold estate and some reinsurance institutes. Subsequently, the paper acquaints in detail with the participation of third parties in expropriation proceedings, and also with the issue of the compensation for the extinction of rights of third parties. Unfortunately, the current legislation exhibits deficiencies of a constitutional character in many respects. For this reason, a number of de lege ferenda solutions are presented.

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