Lunastusperusteet

Lunastusperusteet refers to the legal grounds or reasons that allow for the compulsory acquisition of private property by a public entity, typically for public use or benefit. This concept is rooted in the principle of eminent domain, which recognizes that the state has the inherent power to take private land, provided fair compensation is given to the owner. The specific lunastusperusteet can vary significantly between jurisdictions, but common justifications include infrastructure projects like roads, railways, and utilities, as well as development initiatives, environmental protection, or national security.

For a property to be subject to compulsory acquisition based on lunastusperusteet, the proposed use must generally be of public interest. This means the project must serve a broader community need rather than private gain. The legal process usually involves demonstrating a clear necessity for the land and exploring whether the acquisition is the most feasible option. Owners are typically notified of the potential acquisition and have the right to object or negotiate the terms, particularly concerning the amount of compensation. Fair compensation is a cornerstone of the process, aiming to put the property owner in a similar financial position as if the acquisition had not occurred. This compensation usually includes the market value of the property and may also cover other damages, such as relocation costs or business losses.