2.2. A substantial reduction of payments for establishing easements for the placement of
public communications networks on land lots of state and regional authorities
Problem Definition
In order to place elements of public communications networks in land plot of another entities, it is
generally necessary to establish an easement for the benefit of the developer; with the owner being
entitled to a one-off compensation for the establishment of such easement. The necessary costs
related to the establishment of the easement consisting in payments to owner will often make up more
than 25 % of the total costs for the development of electronic communications network and in some
instances, such costs would exceed 50 % of the total costs. It is estimated that the state and the stateestablished organizations only own about 5 to 10% of all land where easements for electronic
communications networks are established; payments for the easements for the state and the stateestablished organization account for some CZK 50-70 million per year; largest payments for the
establishment of easements are paid to local authorities.
At the same time, corruption risk where non-market benefits are sought for the establishment of
easements in exchange compensations in legitimate amounts may be involved.
Act No 127/2005 Coll., on electronic communications, stipulates that the maximum amount of one-off
compensations for the establishment of easements is to be determined in accordance with Act No
151/1997 Coll., on the asset valuation, which lays down a general principle in Section 16 (b) that
easements shall be valuated in a revenue-based manner from the annual benefit, taking into account
the degree of easement restriction at the fair price, while also stipulating the specifics and more details
of this calculation method. This valuation method is inappropriate in some respects for the
development of public communications networks, as it does not reflect the public interest in such
development.
In view of the public interest in the development of public communications networks and long-term
positive effects of the implementation of such networks, there is a reasonable legitimate reason to
require compensations for the establishment of easements where such easements are established on
lands belonging to the state and entities using the property of the state for economic activities, as well
as on the land of self-governing territorial units. In this regard, the collection of one-off compensations
in many cases operates against the declared public interest thereby reducing the motivation to invest
in the development of electronic communications networks, particularly in scarcely populated areas.
Proposed Measures
Measure A
An analysis of an option to set a one-off compensation for easements in the amount that will not
significantly financially affect the investments in public communications networks (including, where
appropriate, an option to waive one-off compensations for reasons of public interest) in cases of the
establishment of easements on the state land, for entities using the state property for economic
activities and on land of self-governing territorial units and propose any legislative changes. To analyse
and evaluate the option of setting a one-off compensation for easements, an inter-ministerial working
group consisting of representatives of the Ministry of Finance, the Ministry of Industry and Trade, the
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