Odmerjanje odškodnin za poškodbe kmetijskih zemljišč ob njihovi začasni zasedenosti ( = Compensation for soil degradation after easement of agricultural land for a fixed period)

Abstract

Easement of agricultural land for a fixed period for various construction and other non-agricultural purposes can influence soil quality, temporary decreases fertility or even permanently changes the value of the propriety. The scope of the influence on the soil depends on the purpose and type of fixed period easement in public benefit. The contract for an easement in public benefit defines the return of the estate in the original state, without an inventory of the original state, while public database information is lacking or unavailable. If the propriety, in this case agricultural land, is not returned in the same state as prior the easement, it has to be suitably restored, which is connected with time and costs. Under current practices, this falls on the proprietor or user of the agricultural land, who consequently suffers multiannual yield decrease or total yield loss. In severe cases, proprietors halt agricultural land use, which leads to overgrowing, the spread of invasive plant species and general cultural land degradation. In addition to curtailing of proprietor, changed land value hinders agricultural land operations, such as land consolidation, that could be implemented when developing infrastructure. The article reviews legislation covering compensation for easement of agricultural land for a fixed period and the influence of various fixed period easement cases on soil quality and offers methods of rehabilitation as basis for determination of compensation for fixed period easement.

Keywords

• landscape planning
• fixed period easement
• planned land use
• agricultural land
• compensation
• land rating value