Sundvõõranduse

Sundvõõranduse is an Estonian legal term that translates to "compulsory alienation" or "expropriation" in English. It refers to the process by which the state or a public authority can acquire private property against the owner's will. This power is typically exercised for public interest, such as the construction of infrastructure like roads, railways, or public utilities.

For sundvõõranduse to be legally valid, specific conditions must be met. Primarily, the acquisition must serve a clear public purpose, and it must be carried out in accordance with the law. Furthermore, the property owner is entitled to just compensation for the property taken. This compensation is usually based on the market value of the property at the time of expropriation, and it should be paid promptly.

The legal framework governing sundvõõranduse in Estonia is primarily found in the Constitution and various specific laws, such as the Expropriation Act. These laws outline the procedures that public authorities must follow, including notification to the property owner, negotiation attempts, and, if necessary, legal proceedings. Property owners have the right to challenge the expropriation and the compensation offered through the courts. The process aims to balance the needs of society with the rights of individual property owners.