U-I-154/16

Reference no.:
U-I-154/16
ECLI:
ECLI:SI:USRS:2019:U.I.154.16
Abstract:
Due to the fact that prior to the categorisation of a public path 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 her, Article 7 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a path on her land as a public path.  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:
executive regulation
Applicant:
Zvezdana Kuhar, Griže
Date of application:
31.08.2016
Date of decision:
08.11.2018
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN03911