| Abstract [eng] |
Summary This master thesis analyzes the concept and problems of property taking for public needs. The thesis „The legal regulation and implementation of the expropriation of property for public needs in Lithuania“ analyzes the problems regarding the LR legislation and the practice of national courts, however taking into consideration that there is no practice enough in this field in Lithuania, therefore it is based on meaningful cases of the Court of European Human Rights. The thesis deals with the formal and actual delimitation of property taking, analyzes the boundaries between the property taking for public needs and state‘s right to control the implementation of property right. The analysis of justification conditions of property taking for public needs is submitted in the thesis: the property may be taken for public needs only under the statutory procedure with relevant compensation. In accordance with the explanations of Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania, the concepts of public need as well as relevant compensation have been analyzed in detail. Having chosen the analysis of property taking for public needs regarding the aspect of real estate, the most attention was paid for the discussion of the procedure of land taking for public needs. When discussing the land taking for public needs, not only valid legal acts are analyzed but also the amendments of law as well as various projects considering the previous legal acts. |
