Publication details
Vyvlastnění za účelem těžby nerostů v České republice: minulost, současnost a budoucnost
| Title in English | Expropriation for Mining Purposes in the Czech Republic: Past, Present and Future |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro pravní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| web | Web časopisu |
| Doi | https://doi.org/10.5817/CPVP2025-2-3 |
| Keywords | Expropriation; Mineral Extraction; Public Interest; Mining Act; Spatial Planning; Critical Raw Materials; Strategic Raw Materials; EU Regulation 2024/1252; Raw Material Security; Deposits of Strategic Importance; Energy Transition |
| Attached files | |
| Description | This article comprehensively analyses the expropriation of real estate for mineral extraction purposes in the Czech Republic. It examines the historical development of legislation from 1991 to the present, including the abolition of expropriation in 2013 and its reintroduction in 2024. The article analyses arguments for and against expropriation, emphasizing the concept of public interest and its interpretation in case law. Significant attention is paid to the European dimension of critical and strategic raw materials, particularly in light of Regulation (EU) 2024/1252 and its impact on Czech legislation. The current legal framework is thoroughly examined, including categories of deposits subject to expropriation, procedural specifics, and potential constitutional issues. The work also addresses the relationship between expropriation and spatial planning, as well as the role of municipalities in mining activity planning. The comparative section examines foreign expropriation regulations for mining purposes, particularly in Slovakia, Poland, and Germany. Finally, future challenges in this area and the influence of changing geopolitical and environmental factors on mineral extraction are discussed. |
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