Security of ownership versus public benefit: a case study for land taking for infrastructure in Greece, as an EU member state

Abstract

This paper presents the results of a 4 year research (Internet, existing literature, interviews with experts from the public and private sectors, Ministry records) on the general legislative and technical aspects and the procedures implemented in Greece, an European Union (EU) member State since 1981. It is a study of compulsory land acquisition and is a case study focused on collecting and analysing recent information about land taking procedures and practices in Greece with an emphasis on current major highway projects. Included is a study of the legal framework; the legislative amendments adopted progressively through recent years; and the existing conflicts among the various Greek courts and the Court of Justice of the European Union and between interpretation of the Greek legislation and the practices in free market economies. Additional problems with the land acquisition process are investigated. This case study focuses on the investigation of emerged problems, and the legislative changes made, due to pressure for a number of major infrastructure projects for the 2004 Olympic Games and motorway projects commissioned by the Hellenic Ministry of Infrastructure, Transport and Networks. These consist of major transportation road networks in the areas of Northwestern Greece (Ionia Odos), North Greece (Egnatia Odos), Attica peninsula (Attiki Odos) and the Peloponnesus (Olympia Odos). An effort is made in this study to develop strategic recommendations for improving the protection of private property in Greece; harmonising land expropriation practices with the European approach; and for simplifying and accelerating the adjudication process and the achievement of more transparent and just compensation.