Expropriation of property and compensation

Essence of the procedure

This procedure aims to present the expropriation grounds, on the basis of which detailed development plans were issued for the real estates or parts of them specified in the ZUT, as well as the period in which the expropriation measures can be carried out.

Alienation grounds

On the basis of detailed development plans that have entered into force, real estate - owned by legal entities and individuals - may be expropriated in accordance with the Law on State Property and the Law on Municipal Property for objects - public property of the state and municipalities, as follows:

1. for the construction and reconstruction of the transport technical infrastructure, reconstruction of transport and communication networks and facilities - roads, streets, alleys, squares, above-ground and underground routes of railway and tram lines and related facilities, public parking lots;

2. for the construction and reconstruction of other networks and facilities of the technical infrastructure - water supply, sewage, purification of drinking and waste water, electrification, heating, gasification, physical infrastructure for the deployment of electronic communication networks and others;

3. for the implementation of activities for the protection of the environment and natural resources, geoprotection activity, strengthening of the shores, as well as for improvement activities - landscaped areas for wide public use, water areas and streams, cemetery parks and treatment of household waste;

4. for the construction of objects of the social infrastructure;

5. for the construction of special objects related to the defense and security of the country, as well as for the adjacent prohibited areas under Art. 112, para. 3, item 1 ZUT;

6. for the construction of industrial parks under the Law on Industrial Parks, industrial zones or technology parks with the necessary technical infrastructure to attract investments, designated as national objects in the sense of the Law on State Property by decision of the Council of Ministers.

Immovable properties subject to alienation

For the construction of the sites under Art. 205 of the ZUT, real estate or parts of it are expropriated, which are directly affected by the planned construction or become unfit for construction or use in accordance with the planning, sanitary-hygienic and fire prevention rules and regulations, as well as in accordance with the security and safety requirements.

Parts of landed properties are expropriated only when the rest of the property can be formed into a regulated landed property in accordance with the requirements of Art. 19 ZUT.

It is allowed to combine parts of landed properties, from which regulated landed properties cannot be formed, into co-owned regulated landed properties under the conditions of Art. 17 and 19 ZUT, without being alienated.

In cases where the main development is preserved and the rest of the land property can be used for the purpose that the property had before the expropriation, with the consent of the owner, a small regulated land property can be formed.

When there is no consent of the owners in the cases under Art. 206, para. 3 and 4 ZUT, the entire landed property is expropriated.

Land property is not expropriated when building objects and facilities under Art. 205 ZUT, if its owner establishes the right of construction, with the exception of the elements of the transport technical infrastructure - public property of the state and municipalities.

Term for expropriation

The deadline for starting the expropriation procedures under the Law on State Property and the Law on Municipal Property of Real Estate, determined according to the detailed development plans for the construction of objects - public state or public municipal property is:

- five years from the entry into force of the plans and

- ten years from the entry into force of the detailed development plans for the construction of elements of the technical infrastructure - public property of the state and municipalities,

After the expiration of this period, the owners of the real estate have the rights under Art. 134, para. 2, item 1 ZUT.

Expropriation proceedings under the Law on State Property and the Law on Municipal Property, started after the expiry of these terms, upon submission of an application for amendment of the detailed development plan, are suspended until the entry into force of the act on the request for amendment of the plan for the relevant property. The procedure for amending the detailed development plan is terminated if an agreement is reached between the parties to continue the expropriation procedure.

Inapplicability of the terms and conditions under VAT

The conditions and procedure for forced expropriation under the Law on State Property do not apply when parts of land are expropriated to expand the elements of the transport infrastructure:

- motorways

- roads from the republican road network

- railway lines and stations

- airports

- ports,

whereby the properties can be used for the purpose they had before the expropriation.

For the expropriation, the regional governor issues a decree