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Longterm lease as an alternative approach to current mechanisms for acquiring land needed for public roads [Elektronski vir]
Karčnik, Irena ; Dežman, Aljoša ; Grum, Bojan
The primary objective of this research is investigation into a long-term lease as an alternative to current approaches for acquisition of land needed for public roads, i.e. is lease more acceptable ...to both landowners and local municipality management. The research topic is addressing the discrepancies between the legal definition of public road and their actual status. The analysis of discrepancies will be performed in a few selected municipalities so that the results can be extrapolated statewide. Legal regulations regarding public roads will be analyzed as they can be one of the reasons for the above mentioned discrepancies. Slovenian and a few other countries' case law will be compared as well. As stated before, the main research objective is to evaluate the differences between theoretical, e.g. legal code assessment, and practical, e.g. incoherent regulations or failure to comply with regulations, point of view and their consequences. A key missing piece in our current knowledge understands of the direct and indirect consequences of de facto status on landowners and local municipality management. The logical next step is developing suitable recommendations to resolve the current situation in both practical and theoretical levels in order to create necessary conditions for the public road to serve their primary focus being safe and obstacle free traffic. The final part of research assesses whether or not the lease is a suitable alternative to currently most often exercised approaches in Slovenian public roads.
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