How to negotiate the purchase of land from the Road and Motorway Directorate
Legal Guidance for Owners of Affected Land Plots
Have you received a letter from the Road and Motorway Directorate (ŘSD) and don't know what to do next? This article provides clear answers. We will guide you through the entire process, from the initial offer to the final agreement, explain your rights, and show you how to get a fair and maximum possible price for your land. You will find out when to be cautious and why timely legal assistance pays off.
Key takeaways
A letter from the ŘSD in your mailbox. What now? First steps to protect your property
From the very beginning, you face two fundamental paths for the state to acquire your land. The first is the path of agreement, i.e., a voluntary purchase. The second is expropriation, a forced transfer of ownership. Although the state must always first attempt to reach an agreement, the entire process is governed by a legal framework intentionally designed to speed up construction as much as possible.
Two laws play a key role:
Act No. 184/2006 Coll., on Expropriation: The general regulation governing the conditions for the compulsory taking of property.
Act No. 416/2009 Coll., on Accelerating Construction (the so-called Linear Act): A special and much more aggressive law that takes precedence over the general Expropriation Act in the case of transport infrastructure projects.
It is precisely the Linear Act that makes it necessary to act quickly and deliberately. It is designed to speed up the process in favour of the state, not the owner. For example, it halves the deadlines for filing lawsuits and simplifies some of the state's obligations. The power imbalance in this relationship is systemic, and the owner's only real leverage is the threat of delay that expropriation proceedings represent.
Why an agreement is (almost) always more advantageous
And here we get to the heart of the matter. The Linear Act contains a "carrot and stick" system. The carrot is the generous bonus multipliers on the purchase price, which are, however, available exclusively when concluding a purchase agreement, i.e., a settlement.
The stick is the threat of expropriation, in which you lose these bonuses and receive only the basic compensation determined by an expert appraisal. Your main goal is therefore to achieve the most favourable agreement possible without being pushed into disadvantageous terms by systemic pressure.
At ARROWS, we help clients in this situation daily and know that the first steps are crucial for the entire subsequent process. The right strategy from the very beginning can mean a difference in the order of hundreds of thousands of crowns.
The path of agreement: How to get 8x more than you think. A guide to the purchase price
The entire price negotiation is not primarily about haggling, but about a battle over the correct determination of the initial value of your land. The bonus multipliers are fixed by law, but the base from which they are calculated is variable. And this is where the key to maximising your profit lies.
The foundation of everything: What is the "customary price" and who determines it?
The basis for calculating the entire offer is the so-called "customary price" determined in an expert appraisal report. The ŘSD (Road and Motorway Directorate) commissions the first report at its own expense and attaches it to the draft purchase agreement. It is logical that this report may not necessarily reflect the highest possible value of your property.
The customary price is determined by comparison with real sales prices of similar properties in the given location and time. The crucial rule here is that the appraisal must evaluate the land in its current actual state (e.g., as arable land) and must not take into account its future appreciation or depreciation in connection with the planned motorway construction.
The golden key of the Linear Act: Bonus coefficients
If you agree to a settlement and sign the purchase agreement, the Linear Act guarantees you a significant increase in the price determined by the appraisal. According to Section 3b of Act No. 416/2009 Coll., the price is multiplied by a coefficient of:
8× for land (e.g., arable land, forest land, meadows)
1.5× for building plots and structures (e.g., family houses, built-up areas)
Property Type | Customary Price (per appraisal) | Purchase Price WITH AGREEMENT (with bonus) | Compensation IN EXPROPRIATION (without bonus) | Your potential gain from an agreement |
Field (10,000 m²) | 1,000,000 Kč | 8,000,000 Kč (8× multiplier) | 1,000,000 Kč | +7,000,000 Kč |
Building plot (1000 m²) | 2,000,000 Kč | 3,000,000 Kč (1.5× multiplier) | 2,000,000 Kč | +1,000,000 Kč |
The "building plot" trap
The difference between an eightfold and a 1.5-fold multiplier is vast. The ŘSD therefore has a natural interest in classifying your land as a "building plot" whenever possible to save state funds. However, the legal definition of a building plot is ambiguous in this context, and disputes often arise as to whether the decisive factor is the entry in the land register, the zoning plan, or the actual state of the land.
This is where one of the most important legal battles takes place. Arguing that your field is still a field (entitled to the 8x bonus), even if a future zoning plan anticipates a different use for it, requires a deep knowledge of Czech construction law and relevant case law.
How to challenge the appraisal and increase the base price: Your right to your own opinion
You are not obliged to blindly accept the appraisal report submitted by the ŘSD. The law gives you a fundamental right: to have your own expert appraisal prepared at the expense of the state (the expropriator). This is your strongest weapon.
While the ŘSD's appraisal often focuses only on the current state, an experienced appraiser in cooperation with a lawyer can argue for a higher "customary price" based on the so-called "speculative aspect." This concept takes into account the real future potential of the land that existed even before the plan for the motorway construction. Factors that can increase the price include, for example:
the location of the land near developing residential areas
the availability of infrastructure
municipal development plans independent of the motorway construction
Our Prague-based lawyers at ARROWS collaborate with top experts who specialise in this type of valuation. We do not automatically accept the ŘSD's appraisal. Our goal is to ensure that the appraisal reflects the true, not just the formulaic, value of your property, including its future potential.
When an agreement is not possible: What expropriation entails and how to defend yourself
If an agreement cannot be reached, the ŘSD will initiate expropriation proceedings. This is a formal administrative process conducted by the relevant expropriation authority (usually the regional authority), aimed at the compulsory removal of your ownership right.
As mentioned, the main financial impact is the loss of the right to the bonus multipliers. The state can only proceed with expropriation if strict conditions are met: it must prove public interest, the necessity of the intervention, and that it failed to acquire the rights to the land by agreement.
The course of the proceedings: What to prepare for
In simple terms, the process is as follows:
Initiation of proceedings: The ŘSD files an application with the expropriation authority. You, as the owner, will receive an official notification.
Oral hearing: You will be given the opportunity to present your objections and evidence.
Decision: The authority will issue a decision, either rejecting the application or deciding on expropriation and setting the amount of compensation.
Appeals: The decision can be appealed and subsequently challenged by a lawsuit in court.
Beware of deadlines! Speed is key
The system is intentionally set up to penalise any delay on the part of the owner. The Linear Act and related regulations introduce critically short deadlines, missing which can mean the loss of your rights:
deadlines for filing lawsuits against decisions in the process are halved, often to just 30 days instead of the usual two months
you have only 30 days after the proceedings are initiated to submit your own expert appraisal. It is almost impossible for a layperson to find a quality expert, have the appraisal prepared, and deliver it to the authority in such a short time.
This combination of financial pressure (loss of bonus) and procedural traps (short deadlines) creates immense pressure on owners to accept the first offer without thorough review.
Your rights in the proceedings: You are not powerless
Even in this accelerated process, you have rights. Among the most important are:
the right to participate in the proceedings, inspect the file, and be heard
the right to present your own evidence, especially your own expert appraisal
the right to appeal against the decision of the expropriation authority
the right to a judicial review of the entire case
The expropriation process is full of procedural pitfalls and short deadlines. At ARROWS, we ensure that all your rights are protected, key deadlines are met, and every one of your arguments is heard. We will not leave you to face it alone.
Not just a buyout: Temporary occupations, easements, and the fate of residual plots
Negotiations with the ŘSD often do not only concern the permanent sale of the entire plot. It is also necessary to be aware of other types of interventions into your property.
When the state just "borrows" the land: Temporary occupation
For the needs of the construction itself (e.g., for a construction site, temporary access roads), the state often needs to only temporarily "rent" the land. This is called a temporary occupation. In such a case, you remain the owner but sign a lease or loan agreement, under which you receive compensation (rent) for the temporary use. If a tenant is farming the land, they also have the right to compensation for costs associated with the forced termination of the lease.
The invisible burden: Easements
Another common intervention is the establishment of an easement. This is a permanent legal restriction on your ownership right, where you are obliged to tolerate something on your land – typically the routing of utility lines (cables, pipes) or the right of entry for their maintenance. For the establishment of an easement, you are entitled to a one-off financial compensation, the amount of which is again determined by an expert appraisal and is subject to negotiation.
What about the rest? The problem of "residual plots"
A common concern for owners is the situation where the ŘSD buys only a strip in the middle of their field, leaving two small, independently unfarmable or inaccessible pieces on the sides. The law provides for this. If part of your land becomes unusable as a result of the construction, you have the right to demand that the state also purchase these so-called residual plots.
An alternative to money: Land swaps
Especially for active farmers, a land swap can be an interesting alternative. The law allows for this possibility. In practice, however, this is complicated because the ŘSD generally does not own suitable land for exchange and must request it from other state institutions, such as the State Land Office.
This inter-departmental lack of coordination is a weak point for the state. A proactive proposal for a swap can create interesting negotiating leverage – it may ultimately be easier for the ŘSD to offer better financial terms than to embark on the administratively demanding process of finding replacement land.
We deal with more than just the buyout itself. The lawyers at ARROWS analyse your overall situation and ensure that you receive fair compensation for temporary use, easements, and unusable residual plots as well. For farmers, we also actively explore the possibility of an advantageous land swap.
The most common mistakes landowners make and how to avoid them: Practical advice from experts
In our practice, we have identified several recurring mistakes that cost owners time, money, and stress.
Mistake #1: Passivity and procrastination.
A story from practice: Mr. Novák put the letter from the ŘSD in a drawer. He was scared and hoped the problem would somehow resolve itself. When he finally decided to act two months later, he found that he had missed key deadlines for comments and his negotiating position had dramatically worsened.
Mistake #2: Accepting the first offer without verification.
A story from practice: The Dvořáks were thrilled with the offer of eight times the price. They signed immediately. Six months later, they discovered that their neighbour, who had hired a lawyer, received 30% more for a comparable plot. His lawyer had successfully challenged the original appraisal and achieved an increase in the basic "customary price."
Mistake #3: Underestimating the power of your own expert appraisal.
A story from practice: Mrs. Svobodová disagreed with the offered price and tried to argue at the meeting with the ŘSD about her emotional attachment to the land and how much work she had put into it. Without her own expert appraisal, however, she had no relevant evidence, and her objections were dismissed.
Mistake #4: Negotiating on your own against professionals.
A story from practice: Mr. Kučera decided to save money on a lawyer and studied the contract himself. However, he overlooked a provision about an easement that permanently restricted access to the remaining part of his property. This mistake cost him tens of thousands in the future due to the reduced value of the rest of his property.
Mistake #5: Focusing only on the part being purchased.
A story from practice: The owner focused exclusively on the purchase price for the permanently acquired part of the land. Only after signing did he realise that in the contract, he had also agreed to a two-year temporary occupation of the rest of his garden for a symbolic rent, which prevented him from using it for a long time.
Why hire a lawyer? Your peace of mind and money are worth it
As is clear, the process of land acquisition for transport infrastructure is not a simple negotiation, but a complex legal process full of pitfalls. Hiring a specialised lawyer is not an expense, but an investment that pays for itself many times over.
Summary of added value: More than just legal clauses
An experienced legal representative will ensure for you:
Maximisation of compensation: Not only will they ensure the payment of the statutory bonus coefficients, but they will primarily focus on increasing the basic "customary price" through expert challenging of the appraisal and the application of all relevant factors, including the future potential of the land.
Protection of your rights: They will monitor all critical deadlines in the accelerated proceedings for you and ensure that your arguments and objections are properly and timely submitted.
An equal partner in negotiations: They will balance the systemic power disparity between you as an individual and the entire state apparatus. With a lawyer by your side, you are a partner who cannot be ignored.
A comprehensive solution: They will take care of fair compensation for all types of interventions – permanent buyout, easements, temporary occupations, and residual plots.
Saving time and stress: They will take over all the stressful communication and administrative burden, so you can focus on your life and work.
The process of land acquisition for transport infrastructure is a complex discipline where every mistake can cost hundreds of thousands. Don't leave your money on the table and don't let yourself be backed into a corner. At ARROWS, we are ready to stand by your side and fight for the best possible conditions for you. Contact us today to arrange a no-obligation initial consultation where we will assess your situation and propose the next steps.
Don't want to solve this problem alone? More than 2,000 clients trust the ARROWS law firm, and we have been awarded Law Firm of the Year 2024. Take a look at our references HERE, and it will be our honour to help you solve your problem. The inquiry is free of charge.
Related links:
JUDr. Jakub Dohnal, Ph.D., LL.M., Attorney-at-Law; Mgr. Marek Hučík, Attorney-at-Law
7. 7. 2025 - Investing in buying apartments - legal and tax pitfalls
3. 7. 2025 - Objections to a zoning plan change: What a neighbour can really influence and how to defend yourself
1. 7. 2025 - The new Building Act and permit conditions: What the authorities can demand and when they are going too far
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.