Expropriation in the Context of Selected Linear Constructions - Balancing Public Interest and the Protection of Property Rights

Expropriation in the Context of Selected Linear Constructions - Balancing Public Interest and the Protection of Property Rights Résumé This thesis analyzes the legal framework of expropriation in the context of constructing selected linear constructions, specifically motorways, and evaluates whether the current legislation maintains an appropriate balance between the public interest in developing strategic transport infrastructure and the protection of the property rights of affected individuals. The thesis defines the concept of linear constructions under Czech law, examines the specific characteristics of transport infrastructure, and outlines the project authorization process under the Building Act (Act No. 283/2021 Coll.) and the Act on the Acceleration the Construction of Strategically Significant Infrastructure (Act No. 416/2009 Coll.). A key part of the thesis focuses on the institution of expropriation, its constitutional limits, and statutory conditions, particularly the requirements of public interest, subsidiarity, and the necessity of interference withproperty rights. Special attention is given to theexpropriation regime under the Act on the Acceleration the Construction of Strategically Significant Infrastructure, which introduces expedited procedures, shortened judicial and administrative...