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Case No 2009-06-01

On Compliance of the Law "On Forfeit of Property for Public Needs, for the Third Stage of Construction of the Southern Bridge" with Article 105 of the Satversme (Constitution) of the Republic of Latvia

Adjudicated

Applicant: Modris Ozoliņš

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Date of the judgment: 10.07.2009.

Official publication:
14.07.2009.

Judgment

Dissenting opinion

Press-releases

The Constitutional Court has initiated a case on forfeit of land for the third stage of construction of the Southern Bridge (Dienvidu tilts) The First Panel of the Constitutional Court has initiated a case “On Compliance of the Law “On Forfeit of Property for Public Needs, for the Third Stage of Construction of the Southern Bridge” with Article 105 of the Satversme (Constitution) of the Republic of Latvia”. Article 105 of the Satversme provides: “Everyone has the right to own property. Property shall not be used contrary to the interests of the public. Property rights may be restricted only in accordance with law. Expropriation of property for public purposes shall be allowed only in exceptional cases on the basis of a specific law and in return for fair compensation.” The contested act provides for forfeit of property – a part of the land parcel of 233 square meters in Riga, Gulbju Street 14 located within red lines of the street – for the needs of the third stage of construction of the Southern Bridge over the River Daugava (construction of a street from Bauska Street to Ziepniekkalna Street). The case was initiated having regard to the constitutional claim of Modris Ozoliņš. The applicant has indicated that the land parcel to be forfeited is a part of his property. In accordance with the contested law, the Riga City Council has the rights to establish, on its own discretion, the amount of reimbursement for the forfeit of the property. The fact, however, that the rest of the land parcel, after having forfeited the mentioned land parcel, would have no market value because no capital construction would be possible on it, is not taken into consideration. The Saeima (Parliament) was asked to provide, before 27 April 2009, with a reply with a layout of factual circumstances of the case and legal justification thereof. The deadline of preparation of the case is 27 June 2009. Līna Kovalevska Assistant to the President of the Constitutional Court 67830748, 29813216

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