HUNGARY | No compensation for areas put under nature conservation

The Commissioner for Fundamental Rights proposes that the Minister of Rural Development review legislation as several complaints have been made saying that agricultural land under nature conservation may not be cultivated while there has been no expropriation in compliance with the Act and the proprietors have not received any consideration for their lands.

After the change of system the majority of proprietors got back their lands that had been put in collective farms at the time of the collectivization of the Hungarian agriculture. However, in the meanwhile, some of those lands had been declared nature conservation areas. These lands may not be transferred to private property, they are managed by the national parks. However, the statutory expropriation of the lands under nature conservation has not been carried out. Consequently, those concerned could not receive the consideration for and the proceeds of their former property.

The Commissioner for Fundamental Rights established that since 2005 no amount has been set out in the central budget for these purposes. The Parliament tried to “solve” the case by continuously putting off the deadline for expropriation and compensation. The ombudsman pointed out that this is contrary to the requirement of legal certainty. In view of all the above, Máté Szabó asked the Minister of Rural Development to review the legislation in order to solve this problematic situation as soon as possible.

 

Source: Office of the Commissioner for Fundamental Rights, Hungary

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