Property issues in the field of public good and limitations in the public interest, with an emphasis on water

Journal article


Authors/Editors


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Publication Details

Author list: Rijavec V
Publisher: Zvava Geodetov Slovenije
Publication year: 2012
Journal: Geodetski Vestnik (03510271)
Volume number: 56
Issue number: 4
Start page: 713
End page: 724
Number of pages: 12
ISSN: 03510271
Languages: English-Great Britain (EN-GB), Slovenian (SL)


Abstract

This paper emphasizes the distinction between property and public law regimes on protected goods, with a focus on water areas. Although the limitation of ownership in private interest is created on immovable property, property rights do simultaneously exist, but they are limited in order to achieve the purpose of protecting the public good. The most extensive restriction enforces regimes of public good. Public good may be established directly by law or by general acts of the government or local community with the declaration of public good or with the decision of the competent authority. According to different natures of public goods, legislation provides compulsory or optional regimes of public good. This paper compares of such regimes, while exposing the typical regulations based on the ownership concept of public good. It also indicates specific regimes of water public goods, such as the mainland and marine area, as well as constructed public goods and water infrastructure.


Keywords

Infrastructure, Legislation, Property rights, Public goods, Water management


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Last updated on 2019-10-08 at 00:15