Pursuant to the Roads Act (ZCes-2, Uradni list RS, No. 132/22), public roads are traffic surfaces of general public importance for transport, which may be freely used by anyone in the manner and under the conditions prescribed by law. Public roads are part of public property and are excluded from legal transactions. It is not possible to acquire ownership rights to them (through adverse possession) or other real rights. According to the Roads Act, public roads are categorised into state and municipal roads, with state roads being owned by the Republic of Slovenia and municipal roads owned by the municipalities.
According to the most recent available data, approximately 30 percent of public municipal roads in Slovenia remain in private ownership. The unresolved ownership status of land that is categorised as public roads based on actual use represents a significant outstanding economic, spatial, infrastructural, and legal-political issue, and is furthermore an area of widespread violation of fundamental constitutional principles and human rights within the Republic. Once an area of land is designated as a categorised public road, the proprietary rights of the owners of such land become severely restricted under the applicable road legislation. Road parcels over which the road runs become public property upon categorisation. Consequently, the registered proprietor of such parcels, if a natural person, forfeits all rights to enjoyment and disposition of the said land.
The main cause of the unresolved ownership of public roads likely lies in the lack of required funds whereby municipalities could acquire the land at market value. The master's thesis explores alternative solutions to resolving ownership issues pertaining to public roads.
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