AI283U Compulsory Purchase and Compensation 7.5 credits

The course deals with legal frameworks that give public institutions, and sometimes also private people, the right to acquire land with compulsion through compulsory purchase in different situations. The following main aspects will be dealt with in the course.

•  Fundamental motives to permit compulsory purchase. Different situations where compulsory purchase can be realised. Effects if compulsory purchase should not be possible. Compensation rules from economic and legal points of view. Value concepts and their relevance in cases of compensation. Profit sharing versus compensation for damage.

• Principles for the permission process; judicial or administrative handling of the permission process, material conditions for compulsory purchase. Applicable legislation in different situations. Permission process in different systems of regulation.

•  Compensation rules in the Expropriation Act, Planning and Building Act, cadastral legislation, environmental and nature conservation legislation. Analysis of legal cases, practice, negotiation solutions and voluntary standards.

•  Valuation problems in different compensation situations. Methods for estimation of compensation for encroachment and compulsory purchase.

When the land use is changed- through the creation of new settlement and expansion of roads, railways, power lines etc- the original real estate and owner structure must be adapted to new conditions. To ensure that important projects within the built environment should be possible to be carried out, there is legislation about compulsory acquisition/expropriation that contains rules about partly permission to compulsory purchase (land acquisition), partly which compensation the one that must give up land has the right to. The overall aim of the course is to give a deeper understanding of these permission and compensation regulations. More concretely, it implies that the student should be able to

•  explain and expound why compulsory purchase can be legitimized

•  describe the contents of and in what situations different types of law be used.

•  explain different value concepts for real property and the relation between them

• describe and compare the legislation’s different compensation principles

•  apply different compensation rules and principles and explain the compensation in practical cases

General admission requirement or equivalent knowledge through practical experience.

• ÖVN1 - Exercises, 3.0 credits, grading scale: P, F
• TENA - Exam, 4.5 credits, grading scale: A, B, C, D, E, FX, F

Based on recommendation from KTH’s coordinator for disabilities, the examiner will decide how to adapt an examination for students with documented disability.

The examiner may apply another examination format when re-examining individual students.

If the course is discontinued, students may request to be examined during the following two academic years.

• All members of a group are responsible for the group's work.
• In any assessment, every student shall honestly disclose any help received and sources used.
• In an oral assessment, every student shall be able to present and answer questions about the entire assignment and solution.

Commissioned Course. Admittance to the course can only be purchased by a legal entity who appoints course participants