On May 18, 2017, the National Council of the Slovak Republic (parliament) overrode the veto of the Slovak President and once again passed an amendment to the Act on One-off Extraordinary Measures Applicable during Preparation of Construction of Certain Motorways and Expressways. The amendment will enter into force on the day of its promulgation in the Collection of Laws.

The amendment introduces the legal concept of ‘interim possession’, which makes it permissible to carry out preparatory works on land plots and constructions (except for buildings) being expropriated, after the completion of which it will be possible to return the property back to its original condition. These preparatory works must be specified in advance in a decision on interim possession.

During the term of interim possession, the rights arising from leases and encumbrances relating to the property being expropriated, in full or in part, will not be applicable, save for statutory encumbrances. The owner of the property being expropriated, or the person entitled to the benefit of an encumbrance, whose rights are not exercisable due to the granted interim possession, will be entitled to financial compensation, as determined by an expert’s appraisal, for the term of interim possession.

An appeal against a decision on interim possession will not have a suspensory effect. The amendment also excludes the possibility of granting by an administrative court the suspensory effect to legal action against a decision on interim possession.

According to the explanatory memorandum, the amendment seeks to streamline the process of approval of the construction of certain motorways and expressways.

On the other hand, the amendment raises doubts as to its constitutionality; this was the reason why the President had vetoed the amendment.

The Ministry of Transportation, however, argues that “the concept of interim possession does not interfere with the right of ownership beyond the principle of proportionality – interim possession may be granted only if the public interest in achieving the purpose of expropriation prevails over the preservation of the rights of the person whose property is being expropriated, and it is permissible to carry out works only to such an extent that makes it possible to return the property being expropriated to its original condition. If damage is caused, the right of the person whose property is being expropriated to seek compensation after the termination of interim possession is not affected.”