NSS confirmed the decision to expropriate motorcycle center's land near Tábor

by   CIJ News iDesk III
2022-07-22   22:55

The Supreme Administrative Court (NSS) confirmed the decision to expropriate the motorcycle center's land, which is key to the construction of section D3 near Tábor. NSS rejected the cassation complaints of one of the owners, Pavel Bratránek, and the Taartrade company. The Roads and Highways Directorate (ŘSD) was also unsuccessful with the complaint, which disagreed with the fact that, according to the Regional Court in České Budějovice, the expropriation does not yet apply to the LPG gas station, where there was initially confusion regarding ownership. According to the ŘSD, this will only delay the expropriation of the LPG station. The decision of the regional court from this April is therefore valid in its entirety.

The ŘSD asked for the expropriation of the motor center's land so that it could build roughly 400 meters of the D3 highway. The Bratránek brothers did not agree with the expropriation, calling the decision to revoke the ownership right unreasonable and unconstitutional.

NSS came to the conclusion that expropriation is necessary, there is no alternative solution. "If the person involved in the proceedings (ŘSD) wants to implement the construction of the D3 highway, it cannot proceed other than to expropriate the plaintiffs' properties," the judgment states.

According to the NSS, the problem arose years ago due to an erroneous decision by the administrative authorities. The authorities have approved permanent access to the motor center via a service road, originally permitted as a temporary one, which will disappear after the completion of D3. And since the recognized public subjective right of access to real estate cannot be expropriated, it is necessary to expropriate the real estate itself.

If these properties are owned by the state, the construction of the D3 highway will not prevent the public subjective right of access to these properties, stated the NSS.

70 kilometers of the D3 highway, which is supposed to connect Prague with České Budějovice and the Austrian border, is now in operation. It should measure 170 kilometers. ŘSD is now building a continuous thirty-kilometer section of D3 in southern Bohemia. According to the Ministry of Transport, the entire D3 highway should be completed by 2030, the South Bohemian section by 2025.

Source: NSS and CTK