Нови правила за принудително отчуждаване на частна собственост за нужди на държавата
New Rules for Compulsory Expropriation of Private Property for State Needs

Summary/Abstract: There are some changes in the State Property Act (published in the State Gazette 63/2003) which can be systematize as follows: Adoption of new general procedure for compulsory requisition of private property for the needs of the State; Adoption of a special procedure for compulsory requisition of private property, which is earmarked for the building of national infrastructural objects; Abolishment of the possibility for compensation of the ex-owners with another property and providing only pecuniary reparation for the expropriated property; Extension of the rage of the grounds on which buildings can be expropriated. According to the new concept of the lawmaker, a detailed city plan, in force, proves the necessity of the State and proves that this necessity can not be satisfied otherwise. In order correctly to observe Article 17 paragraph 5 from the Constitution of the Republic of Bulgaria the Act for the compulsory requisition of the private property shall be a subject of judicial control regarding the possibility to satisfy the necessity of the State in some other way. The Act shall also be a subject of the indirect judicial control for its lawfulness for ratifying the town and country planning. The legal criteria for the possibility to satisfy the necessity of the State in some other way are provided in the Constitution and can be deduced from its regulation. The Constitution defines that a fair compensation is the compensation that allows the owner of the expropriated property to continue uninterruptedly to satisfy the needs, which he/she has satisfied with the expropriated property. The new terms for subpoena in court and for the representing the report of the experts in the court procedure for controlling the Act for the compulsory requisition of private property seriously derogate the right of protection of the complainant – owner of the property, and the ownership right itself.

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