Deduction for benefits: Streamlining the current case management

Student thesis: Master thesis (including HD thesis)

  • Mohammad Seam Akbar
This thesis tackles the subject of expropriation and the benefits which sometimes arises from the installation of a railroad systems and stations. Expropriation is mentioned in section 73 of the Danish Constitution which stipulates that the relinquishment of property and/or rights over that property must be fully compensated which means anything which the owner loses because of the expropriation. This means that every financial loss which is caused by the authorities that carries out the expropriation, has to be paid to the involved parties so that they stand as if the expropriation has not taken place where their fortune is at it were.
The benefits vary between a number of different elements, but the most common benefit from railroads is the proximity to it especially for business properties. It is commonly considered a benefit to have a business right next to, or in the proximity of train stations or other public transportation like bus terminals. If the benefits are deemed to increase the value for the property, which has to relinquish land and rights to the accomplishment of the railroad system, the authority then has the right to deduct corresponding amount from the compensation according to the Danish road legislation § 103. The principle is dubbed “deduction of benefits” and is on the rise to become more and more part of the projects in developing Denmark for the future. The deduction is dependent on the final verdict from the expropriation commission which has to assess all of the different elements at play. There are two different commissions in Denmark one for Jutland and one for Zealand and the islands. The main goal of this thesis is to prepare suggestions to a model which can be utilized to calculate if there is any benefits and to which degree. The analysis of the project is based on the railroad project in Odense and the coming railroad in the Copenhagen area. The analysis consists of three parts. The first part is an analysis of court rulings where each case will be examined. The other part is a broader analysis of all of the “deduction of benefits” cases from the Copenhagen railroad. The cases have been quantified so it can be analyzed with focus on finding patterns and links between cases. The last part is a simple pros and cons analysis of the existing case management which the two commissions practice. The last part of the thesis is where the analysis is used to generate suggestions for at potential model to calculate the size of the benefits in the cases. Relevant models to use as inspiration or to build upon could not be found at the time.
LanguageDanish
Publication date4 Jun 2020
Number of pages60
ID: 333573832