Abstract
Abstract This research paper discusses the issue of the influence of claims for restitution of expropriated real properties on the process of managing public property. Owners of expropriated properties in Poland are protected in the real estate management process. It consists in the legislator imposing an obligation on the public legal entity to notify the entitled persons about the possibility to seek restitution of their properties if the intended purpose of expropriation has not been implemented and if the property is planned to be used for other purposes by the executive body. The thesis of this research paper is the statement that current legal regulations, in particular as regards the obligation to notify former owners, bring about problems in the process of the managing real estate owned by the State Treasury and local government units. The objective of this research paper is to identify problems in the process of public property management with respect to the rights of former owners to seek restitution of expropriated properties. Amendments to the regulations on real estate restitution were proposed in order to streamline the processes of rational real estate management, while respecting the principle of protecting property rights.
Highlights
Real estate expropriation is a tool used in many countries
Protection of the rights of the owner of expropriated real estate has its legitimacy either in the constitution of a given country - as is the case, for example, in Germany (Article 14 of GRUNDGESETZ of 1949), France (CONSTITUTION of 1958, Article 17 of Declaration of Human Rights of 26 August 1789), Spain (Article 33 of CONSTITUCIÓN of 1978), or Poland (Article 21 of CONSTITUTION of 1997), or in a normative act of statutory rank, as it was resolved in countries with a federal structure, such as Canada or the USA (ŹRÓBEK ŹRÓBEK 2007; DU PLESSIS 2011)
The rules governing expropriations and relevant compensations based on legal regulations, in REAL ESTATE MANAGEMENT AND VALUATION, eISSN: 2300-5289 vol 26, no. 3, 2018 www.degruyter.com/view/j/remav
Summary
Real estate expropriation is a tool used in many countries. Protection of the rights of the owner of expropriated real estate has its legitimacy either in the constitution of a given country - as is the case, for example, in Germany (Article 14 of GRUNDGESETZ of 1949), France (CONSTITUTION of 1958, Article 17 of Declaration of Human Rights of 26 August 1789), Spain (Article 33 of CONSTITUCIÓN of 1978), or Poland (Article 21 of CONSTITUTION of 1997), or in a normative act of statutory rank, as it was resolved in countries with a federal structure, such as Canada or the USA (ŹRÓBEK ŹRÓBEK 2007; DU PLESSIS 2011). The thesis of this research paper is the statement that current legal regulations regarding restitution of expropriated properties, in particular as regards the obligation to notify former owners, bring about problems in the process of management of the real estate owned by the State Treasury and local government units. The publication (TREMBECKA 2015 a) discusses issues related to real estate management conducted by the commune’s executive body in a given area, being the result of pending proceedings for the restitution of expropriated properties and the annulment of expropriation. This research paper is aimed at identifying problems in real estate management related to the obligation to notify persons entitled to restitution of their property, and those associated with assessing whether the purpose of expropriation has been implemented.
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