Original scientific paper
Proprietary Rights Regarding Rail Infrastructure - View following the reform of the railway system
Nikoleta Radionov
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The 2003 Railway Law defines the rail infrastructure as a public domain for public use, owned by the Republic of Croatia. It is administered by the Croatian Rail Infrastructure on behalf of and for the account of the Republic of Croatia, which is its owner. Although all the regulations that came into effect in early 2006 introduced a radical change in regulating the rights in rem status of the rail infrastructure, the process of crucial importance for the implementation of this important reform is still underway. It involves the delineation of the boundaries separating the rail infrastructure zone and the subsequent identification of those immovables which represent the public domain for public use (the rail infrastructure) from the property owned by companies created following the restructuring of the Croatian Railways. The task of determining the infrastructure zone by delineating the boundaries of this zone on the cadastral plans and drawing up a survey with the proposed boundary of the infrastructure zone is within the competence of its administrator, i.e. the Croatian Railway Infrastructure. However, the possession and ownership status of each plot requires a number of procedures: in cases that are not controversial this involves entry in land ownership records, while in controversial ones it involves procedures for regulating the property disputes for particular immovables, a matter within the competence of the Public Prosector's Office. It is only once this dispute has been resolved and the rail infrastructure entered in the land ownership books as a public domain for public use that we can speak of a system which has all the necessary preconditions for normal functioning. This includes protection of valuable property from unauthorized use and devastation, insuring the necessary large investments and the safety standards of railway transport.
Keywords
rail infrastructure; public domain for public use; ownership; rights in rem; concession; Railway Law; administrator of the infrastructure; Croatian Rail Infrastructure
Hrčak ID:
42920
URI
Publication date:
26.10.2009.
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