Variations in the application of the benefit principle in the process of determining compensation for the expropriation of real estate

Abstract

The objective of this article is to determine the extent to which the inclusion of the benefit principle affects the amount of compensation in expropriation procedures for road investments. An additional area of research is the identification of discrepancies in the practical application of this principle in the context of administrative court case law. The analysis examines the practical consequences of adopting different interpretations for specific properties subject to expropriation. It demonstrates how the chosen interpretation of the benefit principle affects the calculated compensation. The findings indicate the need to revise the regulations regarding the methodology for estimating real estate value, which forms the basis for determining compensation for expropriation.