My M.Sc. Summary
"Requisite Connection to Public Road", Summary - Torben Laurberg´s M.Sc. graduation project from Aalborg University,
Denmark, June the 17th 1998 (An expropriation analyssis of the public Road Act art. 69
based on common judicial- and taxation practices).
The thesis "Requisite Connection to Public Road" illustrates the administration og justice in situations where the access between a private property and the public road system is altered due to various circumstances.
- An expropriation analyssis of the public Road Act art. 69 based on common judicial- and taxation practices, has rendered a constitutional judgement superfluous in deciding whether to re-establish connection to the public road system or wether to grant compensation to the concerned party. This is owed to the fact that the common practice of expropriation rests on an expanded interpretation of art. 69 instead of a direct interpretation of the Constitution´s art. 73 claiming the inviolability of private property.
- The topic has been divided and analysed in four parts: "Re-establishment of Connection to Public Road", "The property´'s agreements", "Farms" and "The Road Act's Application on non-Road establishments".
- The question of appropriate access to the public road system was first amended by Danish law in 1957 in the Road Administration Act art. 32 introducing the conception"requisite connection to public road", which was elucidated in negative judicial compositions in 1975 by Road Act´s art. 69 (2.2).
- The crux of the matter is and was, that the access to public roads is a secured privilege, while the losses caused in consequence of property's relations to its surroundings do not provide the right to claim any compensation. The perception can be founded on constitutional theory of judgement where re-organisation of a road connection is classified as a general regulation, which by nature does not induce a liability to pay compensation.