EXPROPRIAČNÍ TITUL JAKO JEDNA ZE ZÁKONNÝCH PODMÍNEK VYVLASTNĚNÍ

The article deals with so ‑called expropriation titles. The existence of this title is one of the conditions for expropriation. The author analyzes how the conditions for its anchoring are respected in the Czech legislation, i.e. the statutory form, exhaustiveness and specificity and uniqueness of its formulation. Furthermore, their meaning, content and scope are characterized. The article also deals with the proof of the public interest in achieving an expropriation title, which must outweigh the preservation of the existing rights of an expropriated. This is one of the most difficult aspects of the expropriation procedure. In relation to the above, the problematic aspects and shortcomings of the existing legislation and practice are pointed out and proposals de lege ferenda are formulated.