Zagreb Law Review, Vol. 2 No. 2, 2013.
Review article
Resolving the Conflict Between Private and Public Interest – What Does the New Expropriations and Determination of Compensation Act Bring?
Frane Staničić
; University of Zagreb, Faculty of Law
Abstract
The Ministry of Justice has published the Draft Expropriations and Determination of the Compensation Act on its website. The intention of this Act is to drastically amend the general regulation of expropriation in the Republic of Croatia. In this paper, the author analyses the Draft Act and shows that the general regulation of expropriation in the Republic of Croatia which is proposed therein is contrary to the Constitution of the Republic of Croatia. The author also analyses the provisions of the Draft Expropriations and Determination of Compensation Act which he considers to be controversial, and also in particular some that he welcomes. He points out that the proposed regulation has been rushed and is insufficiently well prepared. The author considers that the proposed regulation favours the expropriation beneficiary and insufficiently protects the rights of the owner of the real estate. In addition, the author raises concern about a range of procedural law problems that could arise in practice if the Parliament adopts the Draft Expropriation and Determination of Compensation Act.
Keywords
expropriation; compensation for expropriated real estate; acquiring possession of expropriated property; legal protection
Hrčak ID:
129508
URI
Publication date:
23.9.2013.
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