Pre-emption right in administrative enforcement proceedings

Abstract

The pre-emption right to real estate is an important legal institution not only for legal theory, but also for legal practice. The pre-emption right has been regulated in substantive and procedural law. It also arouses considerable interest among representatives of the civil law doctrine. The aim of the study is to analyse a narrow issue, namely the pre-emption right in administrative enforcement proceedings. The right of pre-emption of real estate in administrative enforcement proceedings is granted when the real estate has been used for public purposes in the local zoning plan. Use of this right by the local self-government during administrative enforcement results in the acquisition of ownership of this property. The analysis of the essence of the pre-emption right shows that the legal provisions concerning this right raise considerable doubts. The legislator did not specify precisely in which form the pre-emption right should be exercised. The understanding of the concept of public purpose is not clear, either. The author of the article seeks to resolve the doubts that may be related to the exercise of the pre-emption right during administrative enforcement proceedings.