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For obtaining the land in order to build the magistral pipeline a specific   form of land expropriation is applied, namely the Right of servitude. The   Right of servitude can be realized on the basis of established public   interest, which can be defined according to the spatial plan of the relevant   area. The Right of servitude is analyzed from the point of its influence on   the respect of basic human rights of property owners to enjoy their property   in safety and without disturbance. Current legal framework in Serbia that   regulates procedures for acquiring land for the purpose of public interest   allows for breach of private property rights. There is a mutual inconsistency   between a number of decrees that regulate property rights for large   infrastructural development projects. A specific, and possibly a greater   problem, is the status of the local population, the land owner and other real   estate. It concerns their awareness of their private and individual rights,   as well as technical and other legal standards, which must be applied during   the preparation, construction and working stages of an energy facility.   Applying the Right of servitude as a way to acquire land for construction of   the Pipeline, there is direct breach of the basic human right as stated in   the first Protocol of the European Convention on Human Rights, namely that   ‘every natural or legal person is entitled to the peaceful enjoyment of his   possessions’ (Article 1, Protocol 1). The Right of servitude allows the   investor to use ‘public interest’ as a way of gaining access to another’s   land, and under better financial conditions than if he were to apply   permanent expropriation. While the owner retains his/her ownership of the   land, inconvenienced by numerous limitations of its use, usability and market   value of the land becomes substantially reduced

The right of servitude between public interest and undisturbed use of private property