How to Help Landowners by Preliminary Expropriation

SUMMARY In Denmark there are strict rules as to what and when it is possible to expropriate land from private landowners. The strict rules are good for the landowners rights of property, but it has a disadvantage - the landowner may have to wait for several years from the first ideas of the new road are made until the expropriation process is finish, and the landowner again know the future of his property and maybe his home. A few years ago the landowners, not able to sell there property to a normal marked price because of the plans of a new roads or other major infrastructural construction project, were given the new possibility of preliminary expropriation. But certain conditions have to be met, including the personal situation of the landowner. The preliminary expropriation is not provided by statute, but it is a possibility for the landowner and for the Danish Road Directory in order to help these landowners. This paper describes the conditions which have to be met in order to carry out a preliminary expropriation. It also outlines the advantages and disadvantages of the new process and mentions the satisfaction studies among landowners affected by preliminary expropriation.