Expropriation of Property for Public Purposes: Common Interests of the Public and Protection of Owner’s Rights

Abstract

The right to property is an economic right of the most extensive scope. It is protected not only by the Civil Law, but also the Satversme [Constitution] of the Republic of Latvia. Expropriation of property to ensure public needs is admissible, if the owner is compensated for the decrease of assets linked to the loss of property. Legal problems related to protection of the owner’s rights in the expropriation of immovable property have been repeatedly dealt with in the judicature of the Constitutional Court of the Republic of Latvia. The legislator, in turn, has amended legal regulation to improve protection of the owner’s rights. This article assesses the way in which in Latvia, upon expropriating immovable property for public needs, balance between public interests and the owner’s rights is ensured. The article advances a thesis that the primary type of fair compensation is money and not other kind of compensation.