Legislative changes drafted by the Bulgarian government may enable the state to apply a summary procedure for the taking of private properties not only in case they are needed for major public infrastructure projects but also in case they stand in the way of private infrastructure ventures.

Private power stations, water supply networks or waste sites will accordingly be categorised by the government as an infrastructure facility of national significance that may warrant the seizure of one private property and turning it over to a private developer.

The idea was immediately described by legal experts as controversial or dismissed as unconstitutional.

The proposed amendments to the State Property Act have been posted on the government website and are being co-ordinated with the competent state departments.

At the moment, the state has authority to expropriate private assets only on the condition that they are then devoted to public use.

Making the case for the proposed legislative changes, the government said they are needed because 'regardless of the type of ownership, national infrastructure facilities are all equally important for the public - they are meant to address the needs of the entire society or particular society groups.'

The government cites in the list of such facilities motorways, first grade and municipal roads, railway infrastructure, ports, airports, water, electric and gas grids, wastewater treatment and waste management facilities.

The Bulgarian Constitution disallows the taking of private property unless it is needed for state or municipal uses and that only against a just compensation.

However, in case the state seizes a private property only to sign it over to a private developer, it is becoming a go-between in a deal involving two private parties where one of them is at a disadvantage, said local legal experts.

They also noted that the proposed amendments provide no guarantees that the new owner of the infrastructure facility may not repurpose it at a some future point, building a hotel on the site of a water treatment plant, for instance.

Source: http://news.dnevnik.bg/