Tvangsudnyttelse

Tvangsudnyttelse, literally “forced utilization,” is a legal concept referring to the coercive use or appropriation of private property, land, or natural resources by public authorities to achieve a public objective. In practice it is closely related to expropriation or compulsory purchase in many jurisdictions, where ownership rights are limited or transferred for public purposes.

Typical contexts for tvangsudnyttelse include infrastructure projects (such as roads, railways, or water systems), urban redevelopment, public housing, or the extraction and use of natural resources. The measure is justified by the need to serve the public interest, safety, or essential services, but it also raises questions about the balance between collective needs and individual property rights.

Legal framework and process usually require a statutory basis, a determination of public necessity or interest, and formal procedures to minimize rights interference. The right to challenge the measure often exists, typically through administrative or judicial review. A central aspect is compensation: property owners should receive fair compensation, generally reflecting market value, and may be entitled to relocation costs, interest, and other damages depending on the jurisdiction and specific circumstances.

Safeguards commonly include proportionality, transparency, and independent oversight or judicial scrutiny to prevent abuse. Critics highlight risks such as undervalued compensation, displacement, and power imbalances between authorities and private landowners. Proponents emphasize the necessity of tvangsudnyttelse for public works and long-term societal benefits or resource security.

See also: expropriation, eminent domain, compulsory purchase. The term is primarily used in Danish legal and policy contexts, with analogous concepts found in many countries under different names.