Negotiations, expropriation and compensation for establishing cemeteries in Poland an overview of the subject matter

Abstract

The subject matter of this work is the functioning of a specific market of undeveloped real estate intended for cemeteries. There is a need in Poland not only to expand the existing cemeteries but also to establish new ones. However, such investments are successfully made only in a few gminas, not to mention big cities, where they seem even harder to be carried out. The aim of this article is to outline the issues of negotiations, expropriation and compensation in the process of investment implementation in Poland. In the negotiation process between a gmina (commune) and a private entity, carried out for the purchase of land intended for cemeteries, it has been proved that the gmina must assume the cost of the investment at approximately 55% of the purchase price of land intended for single-family housing on a given local market. Additionally, the author indicates the limitations associated with the location of investments in local spatial development plans as well as the limitations in terms of conducting effective negotiations for purchasing land intended for cemeteries by means of an agreement. The main problem indicated in the work is the location damage (suffered or not), which has largely contributed to blocking the contractual purchase of land and substantially complicates and delays termination of the expropriation procedure.