On 30th of June 2021 The Constitutional Tribunal in the case led under the signature SK 37/19 stated that the provisions of the so-called “Road Special Act”, i.e. the Act of 10 April 2003 on special principles of preparation and implementation of investments in the scope of public roads, are inconsistent with the Constitution.
The abovementioned Act regulates the procedure of purchasing real property for roads and in this respect refers to the Act on real property management; however, it does not contain any regulations concerning return of the real property.
As a consequence of the above judgment, it will be possible to request return of real property taken over for public roads on the same terms as in case of standard expropriation.