The expropriation of land often takes place under pressure

Brno - Czech authorities and institutions are not capable of adequately working with the expropriation law, according to deputy ombudsman Jitka Seitlová. They often require it under pressure without any prior attempt to negotiate the sale with the landowners. Landowners perceive this as an injustice by the state and use all possible legal remedies, which prolongs the construction and ultimately increases the costs, Seitlová told ČTK today. The Office of the Public Defender of Rights is also unhappy that investors change the purchase prices of the land at various stages of the construction process, which can cause conflicts.
    "Expropriation was abused in the past regime, and people view it very negatively. However, it is not a remnant of communism; expropriation has been a traditional part of our legal system since 1867. There are indeed constructions of public interest, such as highways or flood protection measures, that could not be created without it. Expropriation should be used only in very exceptional cases after no mutual agreement has been reached," said Seitlová.
    Investors, who by law should notify landowners of the intention to build at least six months before the purchase of the land, often send a letter threatening the owners that if they do not sell, their land will be expropriated, according to Seitlová.
    For expropriated land, the owner is entitled by law to the so-called "usual price" corresponding to the locality. However, lawyers from the Office of the Public Defender of Rights have also encountered erroneous expert opinions on land purchase. In Znojmo, the city hall expropriated land for the construction of a bypass that was not listed as a construction of public interest in the valid zoning plan. "The zoning plan was changed only subsequently. The errors were not corrected even by the regional office in the appeal proceedings, and the case is now being addressed by the administrative court," said Seitlová.