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Právo narazilo na hranice vymahatelnosti u Novomlýnských nádrží

Nádrž Nové Mlýny, located near the village of Přítluky in South Moravia, has become a focal point of controversy due to the presence of unauthorized buildings in the surrounding area. The local building authority has found itself in a deadlock situation, unable to make decisions on the removal of these structures within the legal deadlines. This issue has been brought to light by the public ombudsman, who has initiated investigations into the matter.

The proliferation of these unauthorized buildings, coupled with unclear ownership, has overwhelmed the limited number of officials at the building authority. As a result, the authority is struggling to handle the removal of these structures in a timely manner. Following the ombudsman’s intervention, the regional authority and the Ministry of Local Development have pledged to address the growing problem at Nové Mlýny.

In a separate investigation, the ombudsman also looked into the actions of the Municipal Office in Břeclav regarding environmental protection in an area affected by unauthorized construction. Despite repeated requests, the environmental department in Břeclav failed to inspect the situation on the ground or provide a plan for future inspections. This negligence has prompted the ombudsman to inform the regional authority and the public about the office’s shortcomings.

During his on-site investigation, the ombudsman discovered waste dumped along the roads near the unauthorized buildings. The area lacks public sewage systems or permitted wastewater treatment plants, and records of septic tank emptying have not been monitored by the environmental department in recent years. Improper handling of wastewater in such a vast area could pose a threat to groundwater and water quality in the Nové Mlýny reservoirs.

Furthermore, the unauthorized buildings are situated on land belonging to the agricultural land fund. Owners should have permission to use agricultural land for non-agricultural purposes. However, the environmental department in Břeclav has not taken steps to address this situation systematically.

The ombudsman emphasized the importance of not resigning from legal responsibilities due to the complexity of the case. He commended the building authority in Podivín for actively addressing unauthorized construction, unlike the environmental department in Břeclav, which has yet to take action.

In light of these findings, the Ministry has initiated a program where external legal experts will provide advice to the building authority in handling such cases. This assistance aims to expedite the processing of unauthorized construction cases.

In response to the ombudsman’s investigation, the regional authority has decided to delegate the handling of building offenses in the Přítluky area to neighboring building authorities. This will allow the building authority in Podivín to focus on leading proceedings for the removal of structures.

The situation at Nové Mlýny highlights the challenges faced by authorities in enforcing the law against unauthorized construction. The ombudsman expressed concerns about the practical enforcement of the law, noting that those violating the law currently have the upper hand. The involvement of the regional authority and the Ministry of Local Development may provide some relief, but the ombudsman remains skeptical about the real enforceability of the law in this case.

In conclusion, the issue of unauthorized construction at Nové Mlýny underscores the need for effective enforcement of regulations to protect the environment and ensure compliance with land use laws. The collaborative efforts of various authorities and the engagement of legal experts may help address the challenges posed by unauthorized structures in the area. It is essential to uphold the rule of law and safeguard the environment for the well-being of the community and future generations.

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