The purpose of this memorandum is to provide an overview of international and European standards governing the expropriation of land, as well as state practice in Poland, Germany, Lithuania, Croatia, and Georgia.Expropriation refers to the acquisition of privately owned land by a public entity. A variety of instruments, including human rights conventions and investment treaties, govern expropriations. Together, international and European laws generally permit expropriations that are (1)provided for by law; (2) for a public purpose; and (3)accompanied by adequate compensation.International human rights law and investment law also establishes that deprivation of property cannot be discriminatory. European legal instruments provide more detail and clarity on the necessary conditions and procedures for property expropriation.

Land Expropriation in Europe

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  • Legal Memorandum

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Date: 2013

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The purpose of this memorandum is to provide an overview of international and European standards governing the expropriation of land, as well as state practice in Poland, Germany, Lithuania, Croatia, and Georgia.Expropriation refers to the acquisition of privately owned land by a public entity. A variety of instruments, including human rights conventions and investment treaties, govern expropriations. Together, international and European laws generally permit expropriations that are (1)provided for by law; (2) for a public purpose; and (3)accompanied by adequate compensation.International human rights law and investment law also establishes that deprivation of property cannot be discriminatory. European legal instruments provide more detail and clarity on the necessary conditions and procedures for property expropriation.

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