Publication details

Dělení a scelování pozemků v judikatuře správních soudů

Title in English Land Subdivision and Consolidation in the Case Law of Administrative Courts
Authors

VOMÁČKA Vojtěch

Year of publication 2022
Type Article in Periodical
Magazine / Source Soudní rozhledy, Praha : C.H. Beck.
MU Faculty or unit

Faculty of Law

Citation
Web https://www.beck-online.cz/bo/document-view.seam?documentId=mzyf63c7onza
Keywords land subdivision; land consolidation; construction law; case law; administrative courts
Description This article summarizes the onclusions of the case law of Czech administrative courts and in particular the Supreme Administrative Court on the division and consolidation of land pursuant to Section 82 of the Building Act (No. 183/2006 Coll.). Although these are commonly used procedures, the expert publications do not pay much attention to them, except for partial observations in the commentary literature. The case law of the administrative courts - although significantly casuistic - specifies and develops, on the basis of the regulations implementing the Building Act, the conditions for the division or consolidation of land which are common for planning decisions. Even suggests the possibility of using deviating procedures which are not expressly envisaged by the law. It can be assumed that the conclusions presented can largely be used in the future, as the new Building Act (Act No 283/2021 Coll.) largely takes over the current regulation of land division and consolidation, including from the implementing regulations directly into the statutory wording.

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