Expropriation of Land for the Construction of the “Lowland Railway Zagreb - Rijeka”

Damir Kontrec, Davor Rajčić

Last modified: 2019-03-04

Abstract


The purpose of this article is to review legal property issues primarily concerning the right of ownership of the land necessary for the construction of the “Lowland railway Zagreb - Rijeka“. Right of ownership is one of the five real rights established by the Act on Property and Other Real Rights [1] and it is, as a rule, acquired by entry into the land registry. The authors of the article will review and analyze provisions of the Act on Expropriation and Determination of Compensation [2] (hereafter: Act) on account of objective and subjective issues in acquiring the necessary ownership of the land on which the future lowland railway will be built. Expropriation is an authoritative act of the State by which it takes away or limits the ownership of the property of a legal entity in order to achieve a greater benefit by using the real property for a purpose different than the one for which the property has so far been used. In the article the authors will give an overview of the provisions of the Act and, where necessary, a description of the relevant institutes from the real law.

Keywords


land registry, ownership, expropriation, administrative proceeding

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