Members of ODS and ČSSD proposed an amendment that will facilitate expropriation

Prague - The amendment to the expropriation law, proposed in the Chamber of Deputies by a group of four MPs from ODS and ČSSD, aims to remove certain obstacles that complicate the process of land expropriation. It is designed to facilitate the construction of highways and other so-called linear structures. For instance, it is expected that a lawsuit against expropriation will no longer have a suspensive effect. The court should decide on the suspension, provided it does not conflict with the public interest.
    The amendment is related to a law that aims to expedite the construction of the R35 expressway, which is in the Chamber of Deputies awaiting final approval. This law is intended to declare this road as a public interest project, allowing the expropriation process to be utilized. MPs have submitted several amendments to the law, indicating that almost all highways and expressways should be considered as constructions in the public interest.
    "We were faced with the dilemma of whether to submit a comprehensive amendment that would basically change the 'R35' to include all linear constructions, but we concluded that it would essentially be a different law and that it would pose problems," said Miloslav Vlček (ČSSD), the chairman of the Chamber and one of the authors, to ČTK. Alongside him, the amendment is signed by his party colleague Petr Rafaj, Chairman of the Economic Committee Oldřich Vojíř (ODS), and ODS MP František Sivera.
    The proposal is being submitted to the Chamber so that it can be approved in the first reading. This could happen at the only regular meeting before the elections, scheduled for early September. Whether the proposal will receive support from both strongest political parties is still uncertain. ČSSD Deputy Chairman Milan Urban informed ČTK that it has not yet been discussed in the Social Democracy parliamentary club.
    It should now be possible to expropriate, for example, a leased plot of land, which, according to the proponents, is not currently addressed by existing regulations. However, any rental rights to an apartment should not be extinguished by expropriation. The amendment also addresses situations where the expropriated property is co-owned by multiple people at the same time. In such cases, co-owners should not have preemption rights over the property.
    The draft also addresses the problem of being unable to notify the landowner of the planned expropriation and propose an agreement, because the address listed in the land registry is no longer valid, and mail is returned as undeliverable. It should be understood that the proposal is sent to the address listed in the land registry or another address expressly stated by the owner. Proponents argue that it is the owner's obligation to maintain their residential information correctly in the land registry.
    MPs in the current electoral term, which will end prematurely with the October elections this year, have already voted on expropriation matters. Last March, they approved an amendment to the water law that allows for the expropriation of land for the construction of flood retention basins, where water would flow during floods. However, then-Minister of Agriculture Petr Gandalovič (ODS) assured that this is only an extreme option.
    The Chamber has not addressed another "expropriation" proposal. This was submitted in October 2007 by a group of mostly South Bohemian MPs from ODS and ČSSD who were united by an interest in constructing the D3 highway from Prague to České Budějovice. This proposal also accounted for the fact that a lawsuit would not have a suspensive effect. However, the proponents withdrew it from consideration, stating that such a proposal should be prepared by the government. Such a proposal has yet to arrive in the Chamber.