On the date the decision becomes final, ownership passes to the expropriating party and security rights, including enforcement and tax security rights, easements other than statutory easements, rights of pre-emption with proprietary effect and the land tenancy end. The Land Register deletes these rights. If you disagree with the compensation amount, you must bring a claim within 30 days of finality, and a missed deadline cannot be excused.
Businesses most often encounter expropriation for linear infrastructure: roads, motorways, water mains and power lines. Usually only part of a plot is expropriated, raising two separate questions: how much you receive and what happens to rights encumbering the land.
What happens when the decision becomes final
An expropriation decision contains separate operative provisions on expropriation of rights and on compensation (Section 13(1) of Act No. 282/2015 Coll.). This distinction matters because each is challenged before a different authority and within a different period.
On finality, ownership passes to the expropriating party, or an easement is created, restricted or extinguished for its benefit (Section 15(1)). If only part of a plot is expropriated, the decision must identify the survey plan on which it is based (Section 13(4)(c)). The expropriation authority serves the final decision on the Land Register within 15 days (Section 13(6)).
Encumbrances end, including your own rights
This often surprises owners and banks alike:
When the expropriation decision becomes final, the following end: a) a security right attached to the land or building, b) an enforcement security right […], c) a tax security right […], d) the rights of participants in bankruptcy proceedings […], e) an easement over the land or building, other than a statutory easement, f) a right of pre-emption with proprietary effect, g) a lease of the land, building or parts thereof.
— Section 15(2) of Act No. 282/2015 Coll. (unofficial translation)
The Land Register deletes these rights on the basis of the final decision (Section 15(3)). The expropriation authority may, however, decide that some of these legal relationships will not end if the public interest requires it or their continued exercise does not obstruct the purpose of expropriation (Section 15(4)).
For a business renting land or having built premises on it, termination of the lease is the most sensitive issue. Leases of flats and non-residential premises have a special regime (Section 15(5)); land leases do not.
Creditors must lodge their claims
If you hold a registered proprietary right over the land being expropriated, the compensation provision decides on claims lodged by third parties, specifying the amount to be satisfied from the compensation (Section 13(3)(b)). The wording matters: it addresses lodged claims, not all registered rights. Anyone who fails to lodge a claim loses their security right under Section 15(2) and receives no compensation.
Absent agreement, the authority determines compensation according to the general value established by an expert report. It refers the person whose property is expropriated to court for any demand for higher compensation, without suspending the proceedings (Section 13(3)(a)).
A deadline that cannot be excused
The operative provisions are challenged separately. Under the current regime, appeals against an operative provision on expropriation are decided by the Slovak Office for Spatial Planning and Construction (Section 7(2)(a)). The historical reference to the ministry in Section 14(1) must be read together with the rules on institutional competence and, for older proceedings, the transitional provision in Section 19b. The specific procedure should be checked against the operative provisions and appeal notice in the decision. The court reviews the operative provision on compensation:
A timely appeal against an operative provision under Section 13(3) has no suspensive effect. The court has jurisdiction to review operative provisions under Section 13(3). An action by which a party seeks judicial review of an operative provision under Section 13(3) must be filed within 30 days from the date the expropriation decision becomes final; failure to meet the deadline cannot be excused.
— Section 14(2) of Act No. 282/2015 Coll. (unofficial translation)
“Failure to meet the deadline cannot be excused” is relatively unusual wording in Slovak law and means exactly what it says. Once the period expires, the compensation amount is final regardless of how inaccurate the expert report was. The thirty days run during holidays and even if the decision reaches the wrong desk within the company.
The land must be used for the specified purpose
Expropriated land may be used only for the purpose for which it was expropriated, and use must begin within the period set in the decision. This cannot exceed two years, or five years for linear infrastructure, from finality (Section 16(2)). The decision must also explain the options and conditions for revoking expropriation (Section 13(4)(d)). If construction never started, it is worth checking whether those conditions have been met.
How we can help
We first review the decision and title record and explain what will remain of the land and the rights over it, and whether the expert report can be challenged. We do this through property legal due diligence. If compensation is to be litigated, we take on court representation; meeting the thirty-day filing period is crucial. If an easement is being negotiated instead of expropriation, we prepare the agreement and survey so its scope matches the survey plan.
If you have received an expropriation decision, contact us immediately after delivery, not after it becomes final.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
