| Abstract [eng] |
The expropriation of property for public needs is socially and economically significant and exceptionally sensitive area of social relations where the conflict between two fundamental constitutional values – the right to property and the public interest to use the property, occurs. Therefore the proper balance between private and public interest must be ensured by legislation and implementation. The aim of this master thesis is to analyse the main issues on the expropriation of property for public needs in Lithuania. The paper deals with the concept and justification of the expropriation of property, examines the relation between formal and de facto deprivation, reveals the distinction between deprivation of possessionis and the control of use of property under the jurisprudence of the European Court of Human Rights and the Constitutional Court of the Republic of Lithuania. On the basis of jurisprudence and legislation all the necessary conditions that justify the expropriation of property in Lithuania were examined. The emphasis of this paper is also placed on the research of problems which occur taking land for public needs and possible solutions. |
