kisajátítást

Kisajátítás is a Hungarian legal term referring to the expropriation of private property by the state or a public authority. This process is generally undertaken for public purposes, such as the construction of infrastructure like roads, railways, or public buildings, or for national defense. The legal framework for kisajátítás is primarily established by the Hungarian Constitution and specific legislation, such as the Act on Expropriation.

For kisajátítás to be lawful, several conditions must be met. The expropriation must serve a significant public interest, and it must be carried out in a manner that is proportionate to the objective pursued. Crucially, the owner of the property must receive full and fair compensation. This compensation is typically determined by an independent valuation and should reflect the market value of the property, potentially including any consequential damages.

The process usually involves a formal administrative procedure. The authority initiates the proceedings, notifies the property owner, and provides an opportunity for the owner to present their case. A decision is then made regarding the expropriation and the compensation amount. If the property owner disagrees with the decision or the compensation offered, they have the right to appeal to the courts. While a necessary tool for public development, the principles of proportionality and just compensation are central to ensuring that kisajátítás respects private property rights.