Notice of the Law on the Procedure for Expropriation of Property

7/28/2019 Notice of the Law on the Procedure for Expropriation of Property

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Notice of the law on the procedure for expropriation of property

This law shall be published on the procedure for compulsory acquisition of property, inaccordance with Decree No 672 of August 19, 1999, as amended by Section 57 of Law No 145of March 25, 2002, § 2 of the law No 156 of March 12, 2003, Article 5 of Law No. 583 of June 24,2005 and section 95 of Law No 538 of June 8, 2006.

Chapter 1The Scope of the Act

§ 1. The law rules are applied by expropriation of property by the State or a licensedcompanies, when in the legislation is provided for compulsory acquisition for the purpose.

Chapter 2Expropriation extent

§ 2. Unless otherwise stated in the law, which provides for expropriation, expropriation

1) Acquired ownership of land, buildings and facilities, which are linked to land or buildings,

and accessories,

2) definitively or temporarily imposed restrictions on their owners available or acquired rightto exercise a particular råden over real estate

3) definitively or temporarily happen acquisition or the suspension of or be restricted in usagerights, easement, and other rights over immovable properties.

§ 3. When in the legislation is for expropriation on, construction authority carry out thenecessary preparatory measurements, nivellementer and other technical processes andstudies.

Paragraph 2. For the performance of those referred to in paragraph 1 processes and tests

must be at least 14 days in advance are giving the owners and users separate message or, if this is not possible, take notice in one or more source providing very daily newspapers.

Paragraph 3. You know the workers injury damage must be replaced. In the absence of anamicable agreement on compensation shall be fixed after the below rules onekspropriationserstatningers laying down. Transportation 1) lays down detailed rules on theprocedure.

Paragraph 4. The deliberately borttager, pervert or damaging markings that are made of processors, with fines, unless more stringent punishment offender may be in criminal law.

Chapter 3Authorities

§ 4. Expropriation, covered by this law, directed by kommissarierne in the state's compulsorypurchase. Kommissarierne must have the legal qualification. Transportation determines theallocation between them.

§ 5. Transportation reduces ekspropriationskommissioner and sets their business area. Thecommissions are discussing proposals for expropriation and provides compensation for theexpropriation, which shall be carried out.



§ 5. Transportation reduces ekspropriationskommissioner and sets their business area. Thecommissions are discussing proposals for expropriation and provides compensation for theexpropriation, which shall be carried out.

Paragraph 2. Transport Secretary designate 8 persons for a 6-year period shall be included ina list of governmental members of ekspropriationskommissionerne. In each county shall

appoint municipal council 1 person man gunned down for life. The municipal members shallbe recorded on lists corresponding to kommissariernes business areas, cf. section 4.

Paragraph 3. He kind designates for each installation a representative participating inekspropriationskommissionens meetings. The representative has the right to expressthemselves at meetings, but shall not vote.

Paragraph 4. A ekspropriationskommission shall be a quorum when the chairman and at least2 Other members are present. In the case of a tie, the President shall have the casting vote.

§ 7. Transport Secretary shall establish one or more taksationskommissioner for verificationof the § 19 1, said decisions.

Paragraph 2. A taksationskommission consists of 5 members. The President, who must havethe legal degree, shall be appointed by the King for a 6-year period. The President shallforward to the individual case 4 members, including 2 members from one of transportationdone list and 2 members from a local list, as referred to in paragraph 3.

Paragraph 3. Transport Secretary designate 8 persons for a 6-year period shall be included ina list of governmental members of taksationskommissionerne. In each county shall appointmunicipal council 1 person for municipal council term of office shall be recorded on a list of members for the taksationskommission, which includes the municipality.

Paragraph 4. A taksationskommission shall be a quorum when the chairman and at least 2Other members are present. In the case of a tie, the President shall have the casting vote.

§ 7A. Ekspropriationskommissionerne and taksationskommissionerne are independentbodies, whose members are not subject to instructions on the individual case decision.

§ 8. To help the in §§ 5 and 7 commissions and to carry out the expropriation of led-register reference for corrections, etc. , shall be appointed by transport secretary one or moreconductive geometri),.

§ 9. A ekspropriationskommission and taksationskommission may call for special experts togive advisory opinions to the assessment of questions concerning both ekspropriationensimplementation that amount.

§ 10. No, as a member, delegate, conductive landinspektør or expert, cf. section 9, participatein the processing of a question for a ekspropriationskommission or taksationskommissionwhen

1) He or she is interested in the outcome or is representative of a in the outcome interested,

2) It is related or besvogret in ascending or descending line or sidelines as near assøskendebørn with one of the in 1 persons mentioned or are such persons spouse, guardian,adoptive or plejefader or -mother, adoptive or plejebarn,

3) which, moreover, are circumstances which are appropriate to raise doubts about hiscomplete impartiality.



Paragraph 2. The interest that the of a municipality selected members of aekspropriationskommission and taksationskommission and delegate to aekspropriationskommission has in the municipal affairs, only leads that they have to resignfrom office at the Commission's treatment of compensation issues on buildings, which isowned by the municipality, or in which the municipality has a substantial interest.

Paragraph 3. No one may participate as a member or according to § 9 is called as an expert ina case of a taksationskommission when he has been involved in the treatment of suchekspropriationskommission. However, this may by virtue of clause 8 appointed chief landinspektør participate at both ekspropriationskommissionens as taksationskommissionenstreatment of the case.

Paragraph 4. It, in which case any of the in paragraph 1, 1 and 2, said inhabilitetsgrundepresent, as soon as possible give the President message.

Paragraph 5. Question on whether there is inhabilitetsgrunde, should, as far as possible beraised within the negotiations started. If they are raised by one of the parties, they can not bedetermined without both parties have had access to comment on them.

Chapter 4The Procedure

§ 11. Request for the performance of expropriation of construction authority to transportation.

§ 12. When secretary has referred ekspropriationsbegæringen for treatment by aekspropriationskommission and construction authority has carried out preliminarydemarcation of the facility, the Commission will hold a besigtigelsesforretning on the site.

Paragraph 2. Notice of the time and place for holding besigtigelsesforretningen, with at least 4weeks notice in one or more source providing very daily newspapers. Overviews are locatedfor the proposed facility should be in at least 4 weeks before besigtigelsesforretningensholding lie for the inspection of the local Civic Office or another for the public accessiblelocation, and the notice must contain information on this subject.

Paragraph 3. To the extent that the preliminary plans make it possible, shall kommissariusensure, that the owners and users of the land, that are likely to be affected by the proposedplant, possibly through the appropriate kind, shall be informed of the organization and bemade aware of the plan's presentation and their access to appear in your business.

§ 13. Under besigtigelsesforretningen make the Commission a general review of the presentproject. The Commission may thus provide that expropriation can only be executed if there isany such changes in the project, which the Commission deems necessary in the interests of owners, other rightholders, public interest or the plant appropriate implementation.

Paragraph 2. The project will result in transfer of land, located in landzone and which aresubject to agricultural use, construction authority for use by referral to the Commission toseek an opinion from the Ministry of Food, Agriculture and Fisheries, including on account of soil quality and on the implementation of land reform in the context of the project, and theCommission must ensure that the options for reducing the disadvantages for the affectedagricultural properties are taken into account, cf. In this way the provision in Article 15,paragraph 5

Paragraph 3. Construction authority, other interested authorities, owners or operators of andservitutberettigede with regard to properties that directly or indirectly affected by



expropriation, have access to during besigtigelsesforretningen to submit comments to theproject and including submit proposals for its revision.

§ 14. When the project for the proposed plant is adopted by the Commission, and constructionauthority wants it thus adopted project promoted, transport secretary shall take decisions onthe communication of ekspropriationsbemyndigelse unless this decision is taken before

inspection.Paragraph 2. Construction authority making out with the assistance of the chief landinspektør a plan concerning ekspropriationens implementation, with list of all property owners andusers, will be affected by the plant for implementation necessary expropriations, and withinformation on the approximate size of the affected areas, and a brief indication of thechanges in the existing conditions, the plant will also result in the flats (arealfortegnelse withekspropriationsplan).

§ 15. Ekspropriationskommissionen then holds a ekspropriationsforretning.

Paragraph 2. Notice of the business organization and presentation of arealfortegnelse withekspropriationsplan shall be made in accordance with Section 12, paragraph 2. The notice

shall serve for the information of anyone who as owner, user, panthaver or in any other property have a legal interest to carry out on the occasion of expropriation.

Paragraph 3. For ekspropriationsforretningen inaugurated with at least 4 weeks notice ownersand users according to arealfortegnelsen in writing, to the extent necessary addressinformation, etc. can be obtained. Also other, which, according to the available information isestimated to have legal interest in the decision, to be inaugurated after this rule, if it must beassumed to be of importance to the protection of their interests.

Paragraph 4. After that the attendees have had the opportunity to express its opinion of theCommission, shall take this provision on each project and expropriation procedures must beimplemented, including the land, buildings and accessories as well as the rights expropriationmust cover. In so doing, the Commission as far as possible cut areas mageskiftet.

Paragraph 5. With a view to achieving an appropriate jordomlægning for the reduction of thedisadvantages, as the plant or the measure, can ekspropriationskommissionen determine

1) To land, which is cut from a property must be sold, or

(2) to a property that is to refrain area, which is wholly or partially salaries must receive anarea where the value of the premises of the Commission's assessment does not exceed thecompensation to which shall be provided for arealafståelsen.

Paragraph 6. If a taksationskommission or a court finds that the value of the area, which isassigned to a property in accordance with the provisions of paragraph 5, is greater than thecompensation, which shall be provided for arealafståelsen, affectedekspropriationskommissionens resolution on expropriation. The owner of the property inquestion shall in no case for the receipt of the allocated area pay a premium, which exceedsthe compensation that definitively established for the from property was expropriated.

§ 16. As a result of selling a portion of a property, that the remaining part of the property is sosmall or so arranged that it is not appropriate is to be maintained as a stand-alone property or used in a reasonable way, the owner may require that the whole building will be taken over byconstruction authority.



Paragraph 2. If the compensation for the property devaluation is likely to come into obviouslydisproportionate to restejendommens value, construction authority require whole propertytransferred.

Paragraph 3. The provisions of paragraphs 1 and 2 shall apply with the necessaryconcessions apply, when part of a property will be cut off, and when expropriation in the in §2, 1 and 2, case.

§ 17. When the Commission of each individual to attended has been shown, how the plant willaffect his property or right, and what extent, the transfer will take, and also have made himaware of the Commission on the case information, including expert's statements, see section9, the parties have access to to explain to the Commission the views, which, according to their belief should have an influence on compensation determination.

Paragraph 2. Want a party detailed to consider the proposals made, or provides a service notmeeting at your business, the proposal must be made in written form and will be issued or tobe sent to the parties.

Paragraph 3. Approving the proposal not later than 14 days after delivery, or rejected theproposal immediately of one of the parties, shall be given an order of the compensationsetting.

Paragraph 4. The order must be accompanied by reasons, and especially give theCommission's position on the circumstances. Unless the order is entered the afståedes valuein trade and change or for the imposition of disposal restrictions the deterioration, which bythis value. If it is applied to the owner or other eligible other economic damages, set thecompensation for its use as a separate item, as far as possible with information on how it iscalculated.

Paragraph 5. Printout of the order is sent to the parties together with information on access toto bring compensation for the taksationskommission and about the time limit for pursuant toparagraph 19.

Paragraph 6. In addition, print of conciliation and orders shall be sent to anyone who has alegitimate interest therein and submitting requests.

§ 18. A erstatningsfastsættelse can, when exceptional circumstances so require, the happenon terms to be specified in the award or be exposed, but not longer than for plant'scompletion. Compensation for arealafståelse must always be established immediately, if theowner request.

§ 19. Order granting compensation is granted or denied, may be subject to verification of thetaksationskommission. Taksationskommissionen may also verify the pursuant to §§ 29compensation. This order shall be delivered in a meeting can referral be made by declarationof the protocol. In addition, written request be kommissarius received not later than 4 weeksafter the recording of the order is sent to the product.

Paragraph 2. For taksationsforretningen inaugurated the parties in writing with at least 4weeks notice.

Paragraph 3. Taksationskommissionen can regardless of the for this disused claim take aposition on any issue about the replacement subject to the parties have had an opportunity tosubmit their comments on it.

Paragraph 4. If only the question of the pursuant to §§ 29 allowance provided for referral for



taksationskommissionen, taksationskommissionen decide the case on the basis of writtenstatements from the parties. The President may decide that the matter can be determined bywritten submission to the members without holding the meeting.

Paragraph 5. Taksationskommissionens decision is taken by an order in accordance with thein Clause 17 (4) stated rules. Printout of the order shall be transmitted to the parties and any

which have legal interest and requests.

Paragraph 6. If a taksationskommission change a decision on a matter which is subject to theprovisions of Article 16, shall establish taksationskommissionen immediately the replacementon the amended basis.

§ 20. There are claims for damages in respect of a ekspropriationsanlæg of no, which is notcovered by expropriation, can the question after the person's request shall be heard by theperson concerned ekspropriationskommission if it considers that it has to be suitable for thetreatment of the Commission. The admissible, the provisions of §§ 17 and 19 shall apply withnecessary concessions.

§ 21. Raised after ekspropriationens making questions about in connection with the detailedimplementation of the agreed project to make deviations from this,ekspropriationskommissionen record these for treatment.

Paragraph 2. For those of the provisions of paragraph 1 led resides inaugurated with at least 4weeks notice the parties as well as the people and the authorities, kommissarius after thepreviously attracted deems interested in that question. The provisions of §§ 13, 15, (4, 17 and19 shall apply with necessary concessions.

Chapter 5Payment of the Indemnity

§ 22. Such claims shall bear interest from the date of the Article 15, paragraph 4, the decisionon the expropriation of property, however, that a different starting time under specialcircumstances can be set in order or settlement. The return is done until the day, the amountscan be raised, with an annual interest rate that corresponds to the Danish National Bankprovided on ekspropriationstidspunktet applicable discount rate.

§ 23. Kommissarius decides on indemnity distribution between rightholders and responsiblefor payment of the indemnity. For panthavernes is by referring crucial. Amount Payable to amortgage if panthaver whose address has not been able to be reported, may not be paidwithout his consent.

Paragraph 2. A compensation may be paid without the consent of panthaverne whenkommissarius estimates that ekspropriationsindgrebet in relation to the property size andvalue is negligible and does not involve any risk to pantesikkerheden.

§ 24. Substitutes that are laid down on an area basis, is valued on the basis of a after ekspropriationsplanen intended area. The final area measurements and tree counting a greater area, the claim shall be adjusted accordingly.

Paragraph 2. Kommissarius may, when the person entitled to require, set a date before whichconstruction authority ultimately need to establish the border of the expropriated land.

Chapter 6



Other provisions

§ 25. By expropriation for the acquisition of property rights lapse all rights to, or of theexpropriated, unless otherwise in the individual case is determined.

Paragraph 2. In the in § 2, 2, case referred to by the expropriation of property rambling

respected the rights of holders of all other rights over property, unless otherwise in theindividual case is determined.

§ 26. Case concerning ekspropriationsaktens legality must be referred to the courts within 6months after that, ekspropriationskommissionens provision on the expropriation is taken, cf.section 15 (4). Case of the replacement is to be brought before a court within 6 months after the taksationskommissionens order has been shipped, cf. section 19, paragraph 5.

Paragraph 2. Questions that can be tested by a taksationskommission may not be broughtbefore the courts, before taksationskommissionens decision.

§ 27. At ekspropriationskommissioner and taksationskommissioner must be kept minutes.

Paragraph 2. Secretary may waive the provided for in the law rules on notice of meetings, thepublication of plans, etc. , if to the interests of national security requires it.

Paragraph 3. Transport Secretary may lay down detailed rules for ekspropriationsmyndighedernes business.

Paragraph 4. The Minister for the environment and the Minister of Justice may lay down ruleson the procedure for land-register reference and tinglysningsmæssige corrections, which isled of expropriation.

§ 28. Transport Secretary shall lay down the rules on the degree to which the cost of ekspropriationssagers treatment, will be borne by construction authority.

§ 29. When a person entitled to the protection of its interests in these proceedings haveincurred expenditure necessary for an expert opinion, including to a lawyer, accountant, etc. ,he may commission impose construction authority providing an appropriate remuneration for it.

§ 30. (Repealed)

Chapter 7Entry into force , etc.

§ 31. The law shall enter into force on October 1, 1964.

§ 32. The following provisions shall be deleted:

1) Poster of July 31, 1801, whereby the provisions, which are fixed in intention to landabandonment of the highways authority and lodsmærker, declared that would be applicable inany similar cases.

2) Poster of December 28, 1809 on land transfers for kanalanlæg.

3) Regulation of March 5, 1845 regarding the rules, which will be to observe with regard togrundafståelser M. M. on the occasion of railway construction in Denmark. Sell-outprocedures in accordance with this regulation § 20 may not be claimed when he abandoned



railway works according to the present law comes into force.

4) The Law of December 23, 1861, sammensættelsen of the regulation of March 5, 1845 §§ 5and 19 ordered commissions, in the case of construction of railways in Copenhagen or on itsgrounds.

5) The Law 6 of January 10, 1928 on appendix to regulation of March 5, 1845 ongrundafståelser, etc. , to railway works.

6) Poster of May 5, 1847 regarding installation of straw or rørtag, cereals or rosy-cheekedmilkmaids, etc. , in the vicinity of railways, etc.

Paragraph 2. Expropriation, which according to the legislation to date shall be carried outaccording to the rules laid down in Regulation of March 5, 1845 on grundafståelser for railwayequipment, shall be made from this law enters into force under the provisions of that law.

Paragraph 3. In addition, maintaining the current regulations on expropriation.

§ 33. (Transitional provision, deleted).

§ 34. The law does not apply to the Faroe Islands and Greenland.

Department of Transportation, the November 20, 2008

Documents

Notice of the Law on the Procedure for Expropriation of Property