U-I-401/18

Reference no.:
 U-I-401/18
ECLI:
 ECLI:SI:USRS:2019: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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Document in PDF:
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