U-I-401/18

Reference no.:
U-I-401/18
Abstract:
Due to the fact that before categorisation of a local road the municipality did not conclude a legal transaction to acquire land from the petitioner, and the fact that an expropriation procedure was not carried out against him, Article 4 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a road on his land as a public road. As Article 7 of the Ordinance on Categorisation in this part inadmissibly interferes with the property right, it is also inconsistent with Article 33 of the Constitution.
Note:
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Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Ivan Jenko, Škofja Loka
Date of application:
07.06.2018
Date of decision:
07.11.2019
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN03957