|Opis:||Expropriation is the most serious interference with the property right, which is a constitutionally guaranteed right. Thus, international law and national legal systems allow expropriation only as a last resort, and even then under certain prescribed conditions. The constitutional guarantee of property presupposes the existence of property as a legal institution, and the legal system, taking into account economic and social relations, determines what the subject of the property is and which the protected ownership rights are.
Regulations, creation of property or limiting freedom of ownership is subject to the principle of proportionality. This imposes on the legislature, that he takes into account the principle of balance between the private and public function of property, between private and public interests.
And it is permissible only when the public interest commensurate with the seriousness of the interference in the property right, caused by the expropriation and if the state or the municipality does not have another suitable property with which the same purpose could be achieved.
Deprivation and restriction of the property right on real estates in the public interest, therefore, a complete and incomplete or partial expropriation of real estates in favor of the state, local community, or other entity of public law generally defines the Spatial Planning Act (ZUreP-1), in conjunction with the Act on the placement of the spatial arrangements of national significance in physical space (ZUPUDPP), the legal basis for these procedures also represent other sectored laws, which govern as special laws and in these cases ZUreP-1 is used subsidiary.
For that, the question arises whether the legal basis for compulsory land acquisition and restriction of property rights in the Republic of Slovenia is appropriate, aligned and if they provide an objective treatment of constitutionally protected rights. Concerning the procedures for expropriation, also Germany and Italy have similar constitutional arrangements.|