The municipal legal basis of expropriation in the Planning Act: Is there a lag of legal rights?
Student thesis: Master Thesis and HD Thesis
- Lars Bach
- Brian Bay Johansen
4. semester, Surveying, Planning and Land Management (cand.geom.), Master (Master Programme)
This project addresses the issue of expropriation,
with focus on studies related to the
Danish Plannning Act § 47 regarding expropriations
made by municipalities. The subject
undergone legislative changes and proposals
for legislative changes in recent years, based
on distrust in local practices in the Danish
municipalities.
This is due to political distrust in the municipal
handling of the legal powers related to
expropriation. The project examines the terminology
forming the foundation of citizens
legal rights through cases that has been
settled by the Nature Protection Board and
the court. The project group concludes that
there is no need for changes in the municipallities
use of the law. Subsequently the real
intentions behind the politicians wish to
change the law is examined. This project
concludes that extensive consideration
regarding economical compensation is taken,
rather than consideration regarding the
expropriation policies in the municipalities.
with focus on studies related to the
Danish Plannning Act § 47 regarding expropriations
made by municipalities. The subject
undergone legislative changes and proposals
for legislative changes in recent years, based
on distrust in local practices in the Danish
municipalities.
This is due to political distrust in the municipal
handling of the legal powers related to
expropriation. The project examines the terminology
forming the foundation of citizens
legal rights through cases that has been
settled by the Nature Protection Board and
the court. The project group concludes that
there is no need for changes in the municipallities
use of the law. Subsequently the real
intentions behind the politicians wish to
change the law is examined. This project
concludes that extensive consideration
regarding economical compensation is taken,
rather than consideration regarding the
expropriation policies in the municipalities.
Language | Danish |
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Publication date | 13 Jun 2013 |
Number of pages | 171 |