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    Bengtsson, Isabelle
    Linköping University, Department of Management and Engineering, Commercial and Business Law. Linköping University, Faculty of Arts and Sciences.
    Tvångsvis markåtkomst - Privata aktörer, vinstintressen och egendomsskydd2024Doctoral thesis, monograph (Other academic)
    Abstract [en]

    Compulsory acquisition can under certain conditions take place for the benefit of a private actor with profit interests. During the past decades, there has been an increase in private actors with profit interests carrying out compulsory acquisition. At the same time, there has been a development regarding the legal protection of property, where the owners’ interest in protection has gained greater importance. Due to the development within society, the purpose of the study is to investigate and analyze the legal possibilities for compulsory acquisition for the benefit of a private actor with profit interests based on the protection of property in the Constitution of Sweden and the ECHR.

    To achieve the aim of the study a research question is posed. The research question raised is how compulsory acquisition that takes place in favor of a private actor with profit interests relates to the legal protection of property. The research question encompasses both whether the fact that the compulsory acquisition is carried out for the benefit of a private actor with profit interests is of importance within the legal protection of property and what legal implications the legal protection of property has for a private actor with profit interests to carry out the compulsory acquisition.

    The results of the study show that, according to current law, there are no principal limitations for compulsory acquisition for the benefit of a private actor with profit interests. The study’s results also show that the legal possibilities for compulsory acquisition for the benefit of a private actor with profit interests are relatively extensive according to Swedish law. However, the results of the study also show that there may be certain challenges associated with the coercive institution within the framework of this context. From a theoretical perspective, compulsory acquisition in favor of a private actor with profit interests can be particularly difficult to reconcile with the requirement of a public interest. Under current law, however, the public interest is given an extensive interpretation, and the courts have been reluctant to question the existence of a public interest. In practice, the requirement of a public interest therefore rarely poses any major limitations for compulsory acquisition. The study shows, however, that the public interest can be important in the proportionality assessment that follows from the legal protection of property. Within the framework of this assessment, the strength of the public interest may become important. The proportionality assessment may also be affected by the fact that there are private and commercial profit interests involved. The study thus shows that the legal requirements for compulsory acquisition are the same regardless of who stands to benefit from the compulsory acquisition, but that compulsory acquisition carried out for the benefit of a private actor with profit interests may – in some cases – be more challenging to reconcile with the requirement of proportionality.  

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