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DISPOSAL OF AGRICULTURAL LAND OWNED BY THE STATE

Jasna Brežanski ; Vrhovni sud Republike Hrvatske, Zagreb


Puni tekst: hrvatski pdf 586 Kb

str. 547-566

preuzimanja: 4.566

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Sažetak

The aim of this article is to present the content of the provisions of the 2008 Agricultural Land Act which regulate disposal of agricultural land owned by the state. Therefore, the author analyses general provisions on the notion and status of the agricultural land, grounds and types of disposal of agricultural land owned by the state (lease, selling, lease of long duration, concession) in the most part of the article. A considerable number of provisions (almost half of them) regulate the disposal clearly indicating the importance of agricultural land owned by the state in fulfilling the national policy on managing agricultural land and indirectly in concentrating the agricultural land in respect to indisputable mutual influence of disposal of
agricultural land owned by the state and by the private individual and the always present issue of acceptable proportionality between public and private interest. Thereat, the issue of protection of private ownership of agricultural land from possible limitations (according to the legislator) has been highly emphasised. In this respect, the author presents amendments enacted shortly after the Agricultural Land Act promulgation stressing their significance for the implementation of legislative provisions as a whole. She also discusses the already initiated procedure to review the constitutionality of certain Act provisions A special attention has been given to agricultural land concentration and fulfilment of common goals and these within the European Union.

Ključne riječi

agricultural land; state ownership

Hrčak ID:

82246

URI

https://hrcak.srce.hr/82246

Datum izdavanja:

1.4.2011.

Podaci na drugim jezicima: hrvatski

Posjeta: 5.123 *