Owners Will Be Able To Use Their Agricultural Land Only For the Intended Purpose
The Ministry of Rural Development is planning amendments to the Rural Development and Agricultural Market Regulation Act, which would significantly restrict building on valuable agricultural land as well as its forestation. The Chamber of Commerce finds that the draft act is in violation of the Constitution.
According to the draft act, agricultural land can be used only for the intended purpose or for agricultural use. For example, a new building cannot be erected on valuable agricultural land and existing structures cannot be expanded. As an exception, it is allowed only if building on another plot of land is impossible and as a result of construction, the integrity of the valuable agricultural land is preserved.
Arable land must remain arable land
The owners of valuable agricultural land are obliged to ensure that valuable agricultural land owned by them would be preserved. Building activities, forestation, erecting landscaping elements and other activities are restricted on agricultural land. Furthermore, agricultural land cannot be forested as a result of human activity (planting new trees) or for natural causes (encroachment of unwanted vegetation). Forestation i.e. using the land for a tree or bush planting.
Infringement of the freedom to conduct business
The draft act disproportionally infringes the freedom to conduct business, because the owner of the agricultural land can use their land for business only in the manner set out in the law. The restrictions established on the agricultural land influence primarily those entrepreneurs who wish to use the profit yielding land for purposes other than agricultural use.
Protection of arable land is important
Protection of the valuable arable land is undoubtedly important, but there are already restrictions in place to protect the arable land and which do not disproportionally infringe the fundamental rights. Valuable arable land can be protected through planning proceedings and local municipalities have the obligation to find a balance between different interests. If public interest outweighs private interest, there is a possibility to establish the relevant restrictions on the property through planning.
The amendments planned with the draft act would enter into force after establishing arable lands of national importance, presumably from 1 January 2021.