Marc Landeman will defend his dissertation on 14 June

13 June 2022

Marc Landeman dives deep into how the market value concept of the Expropriation Act is to be understood.

On June 14, Marc Landeman will defend his doctorate in civil law. The main theme of the thesis consists of two questions where he reconstructs the compensation system in forced land access and develops a principle discussion of what the system should look like from a de lege ferenda perspective.

How should the compensation be legally determined to a property owner who has been subjected to an expropriation or other forced land access? And what is a rightful compensation if one is forced to relinquish all or part of one's land property?

In the book Land Access Compensation, the reader is guided through the property law compensation system and how today's compensation rules should be understood and applied. The reader is also given an insight into how different parts of the system relate to each other and whether the system, both seen as a whole but also its individual parts, is appropriate in terms of the legislator's intentions. In order to create such an intended understanding, both legally internal and extrajudicial external perspectives are applied to the rules of law, where the basis for the latter consists of economic theory, legal economics and justice-oriented philosophical perspectives. By linking these internal and external perspectives with each other, the thesis creates a holistic understanding of the normative foundation and structure of the system, but also how the rules are to be understood and applied in practice.

Furthermore, deep dives are made into how the market value concept of the Expropriation Act is to be understood and what the relationship is between economics and law in the determination of market value compensation law, as well as what fairness-oriented elements and requirements exist for market value as the leading yardstick in expropriation law. Another deep dive is how to deal with non-profit interests and value uncertainty. The legislature's solution is the expropriation law's mark-up rule, but is it appropriate in terms of its application in the same way regardless of the type of situation? And how does it relate to the property formation law's profit-sharing rules and the 21st century discourse about extending the profit-distributing element to certain types of expropriation cases? What should be taken into account in order for the remuneration to be perceived as adequate and do today's remuneration rules have such a design?

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