Redress of damages inflicted by a due and proper exercise of water law permit for flood protection structures (issued in accordance with the applicable legal norms)

Abstract

The exercise ofrights specified in the water law permit may result in damage to property owned by third parties, in particular individuals carrying on business in the vicinity. The category of cases in which legal action is temporarily inadmissible includes cases for damages, but only those “referred to in the provisions of the Act”. The purpose of this paper is to analyseof the issues of redress of damage inflicted by due and proper exercise of water law permit for flood protection structures (issued in accordance with the applicable legal norms). It presents the historical context of regulatory changes to the indemnification mechanism in the field of water law in Poland. It also discusses the most significant elements of this procedure with particular emphasis on administrative and civil aspects. The temporary inadmissibility of legal action resulting from statutorily designated administrative proceedings specific to these claims has been subject to criticism in this article.