Publication details
Ocenění věcného břemene podle směrnice ŘSD - kritické poznámky
| Title in English | Easement Evaluation and Directive of Road and Motorway Directorate - Critical Remarks |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Soudní inženýrství |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | public property; expert opinion; directive; easements; evaluation |
| Attached files | |
| Description | Since the nineties until the time of the Act No. 416/2009 Coll.,to accelerate construction of transportation, water and energy infrastructure, the expert opinions about the identification of the value of easements used only the technique of valuation by price decree. At this point often cames the problems because the price of the easement using the technique to determine the price according to the Act No. 151/1997 Coll., Valuation of Assets, is usually very low in comparison with a price that would correspond to the definition of the usual price according to § 2 of the same act, and if the building will interfere with only a small part of the land, the price of an easement moving often tens of crowns. For such a price were willing landowners agreement on the establishment of easements to enter, leading to the need for allowance organizations to resolve the situation. For this reason, began issuing the directive, whose content was to set minimum prices for the establishment of easements, therefore, a price at which property owners were willing to enter into contracts. In 2009 the state changed the advent of the Act No. 416/2009 Coll. Upon which the expert opinions are valued as an easement in the amount of cost identified as the usual price, and is ordered to purchase the use of higher prices. This procedure is an obvious attempt to solve the above problem and essentially causes a loss of meaning of funded organizations, which serve only as an alternative to the same problem. Directive have not been closed down by allowance organizations and the question remains whether their use is justified in today and not in conflict with applicable laws and regulations. Issues outlined below and discussed in this post. The changes realised by the Act No. 405/2012 Coll are mentioned too. |