Publication details
Znárodnění a pozemní komunikace
| Title in English | Nationalization and road infrastructure |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Nationalization; road |
| Attached files | |
| Description | The article deals with the ownership of motorway rests under the law of the road infrastructure. The article concludes that the adoption of the Act on Road Infrastructure did not change the ownership of the motorway rests, although the law stipulates that the rest is part of the motorway and the owner of the motorway is the state. However, the state cannot, on the basis of the law, acquire ownership rights to immovable property from private entities without compensation. Direct nationalization by law without expropriation is contrary to Article 11 of the Czech Charter of Fundamental Rights and Freedoms. The authors conclude that the relevant provisions of the Act on Road Infrastructure should be bridged by a constitutional interpretation. |