Will solar projects threaten private ownership?

Should We Be Concerned About Expropriation for Solar Power Plants?

Following recent cases in Zabok and Pregrada, the question arises about the possibility of expropriating private land for solar power projects – although it remains unclear how the law will be implemented in practice.

In the second quarter of 2025, political groups such as SDP and Možemo! requested the Constitutional Court of the Republic of Croatia to review the constitutionality of provisions that allow the expropriation of land not only for public but also for private interest. Read more at Večernji list.

One of the key examples is the area near Zabok, where a private investor has been allocated around one hundred hectares of land for the potential construction of solar power plants – while 328 agricultural landowners believe they may be affected. Details are available on Jutarnji.hr.

Legal Framework of Expropriation and Its Application

According to the current legal framework, expropriation (the deprivation of ownership or its forced replacement) is permitted when there is a public interest, such as for infrastructure, hospitals, or schools. However, in these recent cases, concerns have arisen because the land is being taken for the benefit of a private investor – even if the justification lies in the field of green energy development. See more on N1 Info.

Critics argue that private ownership is inalienable under the Croatian Constitution and that any expropriation process must be clearly justified and proportionate. The constitutional challenge refers specifically to the articles of the Constitution regarding property rights and the principle of proportionality. More on Jutarnji.hr.

On the other hand, supporters of the energy transition emphasize that space is needed for the development of renewable energy sources – yet it remains unclear how the criterion of “public interest” is defined when the investor is not the state but a private company.

Why the Example from Istria and Beyond Is Relevant

Although the current case refers primarily to the Zagorje region, its implications may extend to other parts of Croatia, including regions such as Istria. In areas with large agricultural surfaces and potential for solar projects, there is a risk that the legal framework could enable expropriation under the pretext of the green transition.

This means that landowners – particularly small farmers – could face pressure to sell or lose the right to make decisions about their own property. Several important facts stand out in this context:

• It is not always clear how the suitability of land for such projects is determined, nor whether alternatives such as state-owned parcels or rooftop installations have been considered. Read more on Novi list.
• The compensation offered to landowners is often criticized as too low and inadequate compared to the potential loss of productivity or future land value. Details on Ni Zagorje Malo.
• In some cases, the expropriation process begins without full and transparent communication with landowners, which creates additional uncertainty. Reported by HRT Vijesti.

Risks That Should Be Considered

Firstly, there is a risk that the law may be used in a way that extends beyond its original public purpose, serving private interests instead – which in legal analyses raises questions about proportionality and legitimacy. Secondly, if the law’s application is not clearly defined regionally, this may undermine public trust in institutions and fuel resistance. Thirdly, in regions like Istria, where agricultural and tourism land values are high, each project must carefully consider local characteristics and environmental impacts.

However, it remains unclear how specifically the law will be implemented, how landowners’ rights will be monitored, and what protection mechanisms will be available. Until the Constitutional Court issues its final decision and potential legislative amendments are made, there remains room for different interpretations – and potential risks.

Conclusion

While the development of renewable energy sources is among Croatia’s strategic goals, the question remains: to what extent can this be achieved while respecting property rights and local communities? Cases like the one in Zagorje highlight the need to monitor how tools such as expropriation are applied – not only in the name of the green transition but also in line with the principles of legal security and property protection.

For regions such as Istria, it may not necessarily happen the same way – but it is important to stay informed and aware of possible legislative changes that could affect local landowners in the future.