Nationalization and communalisation of road plots as a legal effect of the decision to approve the registration division of the property

Abstract

This article is devoted to the appropriation of plots of land intended for the construction of public roads by the State Treasury or local self-government units. What is contemplated is the relationship between the content of the decision approving the division of real property and its legal and material effect, i.e. the revocation of the ownership right. The transfer of ownership to a plot of land intended for the construction of a public road from a private entity to a public body is an additional legal effect of the decision approving the division of real property. This effect does not arise from the decision itself, but by operation of law. In the Authors’ opinion, since the public body is not authorized to issue a binding decision on the revocation of an ownership right, it means that such an effect may not depend on the content of the decision on the division of land. In the Authors’ opinion, it is necessary to reject such an interpretation of the provisions of the Real Property Management Act, including Article 98(1) of the Real Property Management Act, which aims to establish the minimum content of the decision on the division of land that would determine the legal and material effect of such a decision, i.e. the transfer of the ownership right from a private entity to a public body. For practical reasons, a public body may include in its decision information on the legal effects of such a decision, i.e. the revocation of the ownership right when the decision becomes final. However, such a note will be informative only.