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Compensation for Limitations of Agricultural or Forestry Management Due to Nature Protection on Land Owned by the State

Publication at Faculty of Law |
2017

Abstract

Financial compensation for some limitations of agricultural and forest management resulting from nature protection belongs to the landowners or the tenants. Under the current wording of the Act on the Nature and Landscape Protection is possible to claim for a compensation even on state property, despite the fact that state land is managed mainly by subjects established for this purpose by the state.

So financial compensation is paid by the state to the companies owned by the state which were founded to take care of state property and to ensure public interests, including nature and landscape protection. The proposed amendment to the Act on the Nature and Landscape Protection eliminates the possibility of a claim for compensation on the land owned by the state.

The proposed change does not affect the rights of the individuals who manage state-owned land, because these tenants pay reduced rent which already reflects limitations resulting from nature protection.