Jsou místní komunikace stále místními komunikacemi?
Are Local Communications Steadily Local Communications?

Summary/Abstract: This article deals with the decision of the Supreme Administrative Court on maintaining the local communications categories incurred by Law no. 135/1961 Coll., on Land Communications (Road Act), after the Law no. 13/1997 Coll., On the Road Network, became effective. In particular, raises a question whether this decision might affect the property rights of local cmmunications. At the same time aims to point out the practical consequences that this decision may cause. The first part of this article approaches the main difference in the origin of land communications in accordance with Law no. 135/1961 and the Law no. 13/1997 Coll. In response to this, then this article approaches the opinions of judicial practice in maintaining local communications category after the Law no. 13/1997 Coll., became effective. In the next part this article introduces the reader to the decision of the seven-member extendet chamber of the Supreme Administrative Court , which in its recent decision on this issue gave its clear statement. In view of this decision of the seven-member extendet chamber of the Supreme Administrative Court the next part of the article deals with the practical implications of this decision in disputes relating to road categories. In particular, with regard to whether is land communication part of land property or separate subjects in the legal sense of the word. In conclusion, this article seeks to provide administrative agencies instructions that actually take into account when deciding disputes over road categories.

• Details
• Contents