| Abstract [eng] |
The master thesis analyzes legal institute of expropriation through case law. To achieve this goal the thesis is divided into two parts: theoretical and practical. In the theoretical part, after describing main concepts, the major focus was put into the study of the case law. The theme was unraveled through the projects of expropriation analyzed in Lithuanian case law: such as the construction of Vilnius western bypass, development of Kaunas free economic zone, or European standard railway line (Rail Baltica) development. Also, the case law of European Court of Human Rights was analysed evaluating its importance to the national level. In addition, the tendencies of case law in foreign countries such as United States of America, Latvia and Poland are analysed. During the analysis of the mentioned type of cases in United States of America, it was established that there is an unusual situation when the property can be taken when developing the will of private commercial entity deciding which interest was more important: the owner’s or the commercial entity’s, which is aiming through its commercial activity to create the benefits for significant part of the Society. Meanwhile, Latvia and Poland, while taking a more conservative road, expropriate the property only as the exception when it is needed for big national level projects. Furthermore, the significant part of attention was focused on fair payment for the taken property. Exceptionally significant differences in evaluation of the property and not always the best choice of the criteria of the evaluation lead to legal disputes situation when courts evaluating every single situation expand the concept of fair payment. |
