The exclusion of the municipality’s right of pre-emption with respect to real estate designated or used for agricultural and forestry purposes

Abstract

The statutory right of pre-emption of real estate in favor of the municipality, provided for in the Property Management Act is, by virtue of Article 109 (2) of the Property Management Act, excluded with regard to real estate designated in local zoning plans for agricultural and forestry purposes and, in the absence of local zoning plans, with regard to real estate used for such purposes. The aim of this article is an analysis of legal issues related to the exclusion of the municipality's ability to exercise its right of pre-emption with respect to such real estate. The author addresses the issue of how to determine whether a property is used for agricultural or forestry purposes and the complications arising from the partial designation or use of a property for agricultural or forestry purposes. The study also addresses the issue of determining when to assess the moment designation or use of real estate for agricultural and forestry purposes, as well as the related issue of determining the temporal framework for a municipality's right of pre-emption over a specific property in the event of changes in its designation or use.