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Aspects of easements valuation caused by energy supply lines

By Jaroslav Hába


The line of technical infrastructure network (underground utilities) transforms the relevant part of the site of undeveloped land into the building and construction site because this part was defined and determined as the building location by zoning decision or regulatory plan. Location of utilities at property or land is a factual and legal defect, which devaluates the land in question fundamentally and quite possibly forever. There can be no longer erected any other building, planted a forest, established pond or made other arrangements regarding ecological stability of the territory at such part of the land. The part of the land comprising underground utilities protection zone by law becomes completely worthless for the owner. Furthermore, he has to tolerate the existence of the easement of a foreign construction. Fair and reasonable compensation belongs to the owner of the land for such an easement. Determination of the amount of compensation should be based on profit of the easement beneficiary

Topics: stavební pozemek; easement; fair and adequate compensation; profit oprávněného; věcné břemeno vedení; Building plot; spravedlivá a přiměřená náhrada; profit of beneficiary
Publisher: Vysoké učení technické v Brně, Ústav soudního inženýrství
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