Compulsory acquisition and valuation
Under a number of different laws, public authorities have the power of compulsory acquisition of ownership or rights to land when required in the public interest.
As a legal discipline, compulsory acquisition is characterised by being subject to both special procedures and special constitutional requirements regarding necessity, etc., which must be met in all cases of compulsory acquisition. At the same time, the compulsory acquisition of property law intersects with a wide range of land regulative measures due to the legality requirement under the compulsory acquisition of property law.
Codex Advokater has many years of experience in advising on compulsory acquisition. We keep up to date with the practice of appeals boards and courts, and hold regular courses and theme days on the subject. Jens Flensborg is co-author of the book Ekspropriation i praksis (Compulsory Acquisition in Practice), while Sarah Jano is editor for compulsory acquisition and valuation cases in the journal Miljøretlige afgørelser og domme (MAD) (Environmental Law Decisions and Judgments).
We advise on all aspects of the compulsory acquisition process from the first letter to the final sentence in appeals or court proceedings, including, for example:
- Adoption of the basis for compulsory acquisition in the form of, for example, wastewater management or local development plans
- Conclusion of voluntary agreements as an alternative to compulsory acquisition, including tax exemption under the Property Gains Tax Act (‘compulsory acquisition-like terms’)
- Prior clarification of the possibility of compulsory acquisition, including assessment of compliance with legality and necessity requirements, etc.
- Convening and holding of on-site inspections under the Road Traffic Act (municipal compulsory acquisitions) and inspections under the Compulsory Acquisitions Proceedings Act (state acquisitions)
- Handling of complaints and legal proceedings concerning compulsory acquisition.
A key point of dispute in many compulsory acquisitions is the amount of compensation to be paid to the landowner. Codex Advokater regularly conducts cases before the valuation authorities and the courts concerning the determination of compensation.
