Restrictions on property ownership in national parks due to nature protection - empirical approach

Abstract

Nature is an undeniable good that requires protection. The highest form of its protection is the national park. It does not arise and does not function in a vacuum, but in the modern dynamically developing world. Such an observation determines not only the imperative of the need to protect nature, but also the reconciliation of all related interests. The subject of the publication is an empirical analysis of the functioning of the national park institution. The article is a civil study of all national parks established in Poland. It is therefore a collection and presentation of basic data for the civil analysis of this institution of administrative law. It is based on the case law studies conducted for its needs and, above all, on the information obtained on the basis of a prepared list of questions from all national parks and voivodeship offices in Poland, where such special areas have been created. The subject of the analysis are the features and constitutive elements of these areas through the prism of civil law: starting from the territory of the park, features distinguishing this area, through the rules in force in its area (prohibitions), in particular relating to the exercise of property ownership, and ending with ownership claims. In conclusion, you can find an answer to the question of how to reconcile the requirements of modern civil law and economic transactions, sustainable development with nature protection. They are especially important at the stage of creating a park or expanding its territory. The study results are presented in tabular and descriptive form.