One of the basic legal principles states that the law belongs to the vigilant. This principle should also be kept in mind in relation to your land and buildings, as they may be used for so-called public benefit buildings, such as highways, dams, hospitals, or power plants. To avoid being surprised by such a construction, it is recommended to monitor changes to the zoning plan and ongoing construction in your municipality. This article briefly outlines how to defend yourself against such developments and what legal means of defense you have in the expropriation proceedings related to your land or building.
Since public benefit buildings serve the needs of the general public, the interest in their construction takes precedence over property rights. This may result in such a building being erected on your land or nearby. In accordance with this, your land or buildings will be appraised by an expert opinion, followed by the exchange of land or buildings and possibly their purchase or expropriation. To ensure your rights are adequately protected, it is important to be alert. The law offers several methods of defense, though it often sets short deadlines for their exercise.
Zoning Plan
For the construction of a public benefit building, an amendment to the zoning plan is required, which defines the rules for construction in the area. The zoning plan also designates specific areas and corridors for public benefit buildings, where a construction permit can later be requested. To be informed about planned changes in time, it is recommended to monitor the municipal notice boards. You can object to a change in the zoning plan, typically within 7 days of the public discussion, and the relevant authority must address your objections in its decision. If the authority does not accept your objections, you can challenge the change in zoning by filing a lawsuit against the zoning plan amendment, within 2 months of the decision's issuance.
Permit Procedures
You will typically learn about the permitting of the construction of a specific public benefit building from the municipal notice board (for smaller public benefit buildings, the authority will inform you directly). In this context, it is also advisable to monitor the notice board of the new central Transport and Energy Building Authority, which is the only authority that approves so-called reserved buildings (such as highways and certain power plants). Information about permitting certain buildings can also be found on the notice boards of regional building authorities and other specialized authorities, depending on the type of public benefit building (often the Ministry of Transport, Ministry of Industry, Ministry of Agriculture, or the Civil Aviation Authority for airport permits). At this stage, you can still object to the proposed construction, including questioning the “public benefit” of the building. In this process, you can submit objections, appeal already issued building permits, or challenge them in court.
Different Rules Under the Linear Act
Regarding the defense against public benefit buildings designated under the so-called Linear Act (primarily transportation, water, energy infrastructure, etc.), it is important to note the different procedure compared to a regular permitting process under the Building Act, along with certain exceptions related to expropriation. One major difference is the shorter deadline for filing a lawsuit against the building permit—half the length of a regular permitting process, i.e., only 1 month.
Negotiations for “Voluntary” Purchase
If the construction of a public benefit building is planned under the Linear Act, and the conditions for expropriating land or buildings are generally met, negotiations for the purchase will first take place. At this stage, you may be able to negotiate a higher price than the value determined in the expert opinion. However, if no agreement on the purchase is reached, expropriation proceedings will be initiated, and you will only receive the price determined by the expert opinion.
Expropriation
If expropriation of land or buildings is necessary, the procedure will take place before the relevant authority. During this process, you can again raise objections. Whether it concerns the assessment of the expert opinion determining the land’s value or the evaluation of the conditions for expropriation, these are complex legal issues. Therefore, we strongly recommend contacting specialized lawyers to protect your rights.
The result of the expropriation process is a decision with two parts: a decision on the deprivation of ownership and a decision on compensation for the expropriation. Both parts of the decision can be appealed, and the decision on deprivation of ownership will only have a suspensive effect if it is challenged. If your appeal is rejected, you can file a lawsuit with the relevant regional court. In general, the law sets a 30-day deadline to file the lawsuit; however, in the case of buildings under the Linear Act, this deadline is shortened to just 15 days. It is important to note that even if you challenge the compensation for expropriation, the developer may still proceed with expropriating the land or building and start construction of the public benefit building before your challenge regarding the compensation is decided.
We used a publicly available AI translation tool to translate this article from Czech to English. Please contact us if any of the above information is unclear to you.
