PUBLIC NEEDS AS CONDITION FOR LIMITATING PRIVATE PROPERTY RIGHT TO LAND

Abstract

The article is devoted to the analysis of foreign legislation regulating the conditions for seizure of land plots to meet public needs. The evolution of approaches to understanding the private property right from Antiquity to Modern age as long as the specific character of  property right to land including possibilities of its legal limitation for meeting socially prominent aims are explored. Special attention is paid to the Eastern European countries’ legislation as their statutory regulation of private property out of the command economy is relatively young. Having analyzed the constitutions, land legislation and law enforcement practice of several foreign states a conclusion is made about a similar legal structure of land withdrawal where expropriation is allowed in favor of both public and private subjects if their activity meets socially significant needs of a wide range of people and achieving this goal by any other way is impossible. The American practice of “economic analysis of law” allowing to appreciate the public benefit by the economic tools is positively assessed. It is also stated that it is impossible to envisage a list of specific situations that fall under the concept “public needs” and it is necessary to assess the correlation of public and private interests in each specific case. At the same time, in order to protect the rights of owners such an assessment should be carried out before the seizure including by public hearings.