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04  

 Planning Systems

Does the constitution protect property rights against public intervention and what is the constitutional principle in case of public taking?

• Belarus
  No, the constitution does not protect property rights against public intervention. In case of public taking the principle of compensation or expropriation is applied.
• Denmark
  No, the constitution does not protect property rights against public intervention. In case of public taking the principle of expropriation (followed by compensation) is applied. (see also DK Country)
  
• Estonia
  Property may be expropriated without the consent of the owner only in the public interest, in the cases and pursuant to procedure provided by law, and for fair and immediate compensation. Everyone whose property is expropriated without his or her consent has the right of recourse to the courts and to contest the expropriation, the compensation, or the amount thereof.
• Finland
  Yes, the property of everyone is protected by the constitution. In case of public taking, the principle of expropriation for public needs against full compensation, is applied.
• Germany
  Yes, the constitution protects property rights against public intervention. In case of public taking the principle of expropriation for public needs against full compensation, is applied. (see also DE Planning System)
  
• Latvia
  Yes, the constitution protects property rights against public intervention. The constitutional principle in case of public taking is the compensation principle.
• Lithuania
  Yes, the constitution protects property rights against public intervention. “Property may be taken over only for the needs of society according to the procedure established by law and shall be justly compensated for." (Article 23)
• Norway
  No, the constitution does not protect property rights against public intervention, but expropriation will need specific legal justifications. The principle in case of public taking is called compensation principle.
• Poland
  Yes, the constitution protects property rights against public intervention. The constitutional principle in case of public taking is the compensation principle.
• Russia
  Yes, the constitution protects property rights against public intervention. In case of public taking, the principle of compensation is applied.
• Sweden
  Yes, the constitution protects property rights against public intervention. In case of public taking the principle of expropriation for public needs against compensation is applied.

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