Možnosti majetkoprávního vypořádání (vyvlastnění) v rámci těžby strategického ložiska

Abstract

This bachelor thesis deals with the issue of property law settlement for deposits of strategic importance, focusing on the institute of expropriation. The theoretical part defines the state raw materials policy and the legislative framework for deposits designated by government regulations. The practical part analyzes in detail the expropriation procedure according to the Expropriation Act and the Linear Infrastructure Act, including the new competencies of the Transport and Energy Construction Authority. Special attention is paid to the institute of the interim decision, which represents a crucial procedural tool for accelerating the implementation of mining infrastructure. The work identifies key risks of the entire process, which, despite legislative efforts to accelerate it, represents significant uncertainty for mining operators, particularly in the area of subsequent judicial review. In the conclusion of the thesis, the practical impacts of the new legislation on deposits of strategic importance defined by current implementing regulations are analyzed. The goal of the thesis is to assess the efficiency of current legal regulations in the conflict between the public interest in mining and the protection of property rights.