Náhrady za omezení výkonu vlastnického práva při ochraně vodních zdrojů
Compensation for Ownership Restriction in the Field of Water Resources Protection

Summary/Abstract: The Water Act aims to protect surface and groundwater, to set conditions for the economical use of water resources and to maintain and improve the quality of surface water and groundwater. In accordance with EU law the Water Act creates conditions to reduce the adverse effects of floods and droughts and to ensure the safety of water plants. It also aims to support the drinking water supply system and protect aquatic ecosystems. While surface water and groundwater is not an object of property under the Czech law, the land on which or under which water exists is a part of individual property. Owning of the land is limited by the public interest on the quantity and quality of the water. The protection of water resources creates a conflict between the right of ownership and the right to a favourable environment (water protection). In a particular case, consideration should be given to the comparison of the owner-constraint versus importance of an object of public interest – water protection. The owner-constraint must be reasonable and desirable. At a time when significant climate change is taking place and the value of water is becoming increasingly important, this issue needs to be addressed intensively. In this context, the issue of compensation for owners’ limitations in the protection of water resources is becoming increasingly important. This paper deals in general with the relation between property (individual) rights and environmental protection (public interest). It deals with a specific restriction within the exercise of property rights in favor of protective zones of water resources and with the possible compensations for these limitations.

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