Agricultural Property Agency Research Articles

OWNERSHIP TRANSFORMATIONS IN AGRICULTURE IN THE YEARS 1992-2020

The aim of the article was to describe the process of ownership transformations carried out in the years 1992-2020. It addresses economic determinants for the establishment of the Agricultural Property Agency of the State Treasury (APAST) Agricultural Property Agency (APA) as well as its tasks aimed at implementing these transformations. The analysis covered two transformation periods, namely the years 1992-1996 and 2000-2020. The research applied descriptive and descriptive–comparative methods as well as statistical descriptive and also a tabular technique. The basic source of research materials was the source literature and statistical data from the Agricultural Property Agency (APA), the National Support Centre for Agriculture (NSCA) reports and the studies published in Institute of Agricultural and Food Economics (IAFE) entitled “The Market of Agricultural Land”. It was attempted to define the role of land sale and land lease in this process. The changes which occurred in the leased and sold land were also indicated. The legal regulations in force regarding property turnover were discussed, pointing to the limitations resulting from these legal acts in the implementation of transformations. The research showed that both sale and lease played an important role in transformations in various periods of the APAST/APA functioning.

Analysis of the Agricultural Land Market in Selected Poviats of the West Pomeranian Voivodeship

Purpose: The research aimed to identify the regularities in the dynamics and structure of phenomena occurring on the agricultural land market, emphasizing treasury real estate. The transactions came from the primary market in 1996-2001 and 2014-2019. The seller was the Agricultural Property Agency of the State Treasury, later transformed into the Agricultural Property Agency. Design/Methodology/Approach: In the scope of processing the collected data, the methods of inductive and deductive reasoning, descriptive and monographic, and statistical methods, were used. The research methodology was based on statistical measures in the field of structural analysis and changes over time. The structural analysis was carried out for the characteristics per and of agricultural land, for which empirical distributions were built and selected descriptive parameters were calculated. Findings: The conducted research shows that the price of 1 ha of arable land is determined primarily by the location rent. The highest unit prices were achieved by land with an area of up to 0.5 ha located near the Szczecin agglomeration, which is confirmed in both analyzed periods. The dynamics of agricultural land prices in 1996-2001 showed no clear development tendency, which proves an unstable market was transforming, susceptible to the external environment's influence, including the shaping of demand. Practical Implications: The article contains a lot of valuable information that may constitute a base material and a reference to further research carried out by scientific specialists researching the issues of the agricultural land market or agricultural property management institutions of the Agricultural Property Stock of the State Treasury. Originality/Value: The results of the comparative analysis and theoretical considerations supplement the research conducted so far in the field of prices on the agricultural land market in Poland and may become a valuable resource of knowledge useful in the preparation of dissertations in the field of agricultural property management.

The role of the National Support Centre for Agriculture in the process of revitalization and renewal of the rural areas

Abstract Rural development policy of Agricultural Property Stock (APS) of the State Treasury in Poland is run by the National Support Centre for Agriculture (until 31.08.2017 Agricultural Property Agency). In the article, on the example of the Braniewo municipality, the size and spatial distribution of land transferred from the Agricultural Property Stock (APS) of the State Treasury to the municipality was analysed. One of the most important goals associated with this was activities related to social aspects, often part of the revitalization and renewal of the rural areas. After Poland's accession to the European Union, it was possible to obtain subsidies that allowed the rural population to apply for financing projects, such as: road construction, creating school playgrounds or socio-cultural facilities. Authors also analysed examples of good practices in this area in the municipality of Braniewo, as a recommendation for other municipalities. Attempts have also been made to indicate the role of the National Support Centre for Agriculture in the transformation of the Polish countryside, with particular emphasis on the areas of former State Agricultural Farms.

AGRICULTURAL LAND PRIVATIZATION IN POLAND

The aim of the article is to present the process of agricultural land privatization in Poland, taking into account the role that this policy has played in terms of shaping the Polish agricultural model, based on family households. The purpose of the agrarian system shaping policy is the protection and development of family households. To this end, the said group of agricultural households is being granted privileges in terms of access to agricultural land. From an economic point of view, it translates into replacing market allocation with political decisions. The sale of agricultural land on behalf of the state was conducted by the Agricultural Property Agency (APA), which on 1 September 2017 was merged with the Agricultural Market Agency and transformed into the National Center for Agricultural Support. Between 1992 and 2017, a total of over 2.6 million ha of agricultural land (amounting to 55% of all acquired land) was sold. Natural persons acquired a total of 81% of privatized agricultural land, 19% of which was acquired by legal entities. In the years 2005-2017, the prices of agricultural land demonstrated an upward trend. The prices obtained by the Agency were very close to private market prices. The average price amounted to EUR 4,504 per 1 ha in the case of state-owned land and EUR 4,716 per 1 ha in the case of private land.

CONSENT OF THE NATIONAL CENTER OF AGRICULTURAL SUPPORT FOR THE PURCHASE OF AGRICULTURAL PROPERTY AS A NEW INSTRUMENT FOR REAL ESTATE TURNOVER

In 2016 the rules concerning the agricultural land market in Poland changed. This legal reform was aimed at closing access for EU foreigners to the Polish agricultural land market. Prior to these new regulations being introduced, it was speculated whether these changes would lead to the agricultural land market “freezing up”, as the relevant jurisdiction and responsibilities, formerly granted to the Agricultural Property Agency, were taken over by the National Center of Agricultural Support (KOWR). The analysis was conducted on the basis of subject literature and data was obtained from KOWR. The investigated problems included formal and legal aspects of issuing consents by KOWR for the acquisition of agricultural land located in the Republic of Poland, as well as actual use of the above mentioned instrument by KOWR’s branch unit in Cracow. The regulation, aimed at closing access for EU foreigners to Polish agricultural land, was constructed in such a way that access to agricultural land was either impeded or made impossible not only for foreign entities but also certain Polish citizens. In accordance with Art. 2a par.4 of the Act on shaping the agricultural system (UKUR), consent of KOWR is required in the case of agricultural land purchase by entities other than those mentioned in Art 2a par. 3 of UKUR. According to the data obtained from KOWR and presented in the paper, it is evident that this instrument is being practically applied in the Malopolska Province.

Spatial Diversification of Development of the Agricultural Property Market in Poland

The paper discusses the development of the agricultural property market in Poland, focusing mainly on identifying the geographical differences in the development of agricultural property markets in voivodships. The study included 16 objects (voivodship agricultural property markets). The temporal scope of the analysis was a decade between 2005 and 2015. The analyses examined closely the number of transactions, their value, areas sold, and the average price of 1 hectare sold by the governmental Agricultural Property Agency and privately traded. The main research hypothesis was made that agricultural property markets in better developed voivodships grow faster than in the less developed ones. The data came from the Local Data Bank of the Polish Central Statistical Office and the Institute of Agricultural and Food Economics – National Research Institute. The data analysis was conducted by means of statistical and econometric methods.

Rozwiązania instytucjonalne w gospodarowaniu nieruchomościami zabytkowymi na Dolnym Śląsku od 1945 r. do 2018 r.

Purpose – The aim of the article is to analyze the institutional solutions regarding to acquisition, security and trade in historic real estate in Lower Silesia in the years 1945-2018. Research method – The analysis of archival sources and literature on the subject as well as statistical data.Results – In the post-war history of Poland, there was no comprehensive and long-term activities for protection and security of historic buildings. Until 1989, the responsibility for protection of cultural heritage rested primarily on state institutions and administration. However, since the 1990s the ownership structure of monuments has changed. Most of the buildings still belonged to state institutions – Agricultural Property Agency (ANR) and Military Property Agency (AMW), but gradually increased participation of churches and religious associations, municipalities and private owners. Originality – Analysis of the activities of individual institutions shows that the problem of the preservation and use of architectural monuments still remains valid.

Price volatility of agricultural land in Poland in the context of the European Union

In this paper the price volatility of land in Poland is examined during the years 1992-2016. The analysis concentrates particularly on stationarity, variation and GARCH. Differences in land price changes in particular provinces in Poland are presented and land prices in Poland are compared with other EU countries. The land market in Poland is diverse. Purchasers can buy land from private owners in the market and from the government’s Agricultural Property Agency. Generally, land offered by the Agricultural Property Agency is cheaper, but it is also more difficult to purchase. The authors of the paper used and analyzed quarterly price data from the main Statistical Office in Warsaw in PLN. The survey found high variability for land prices in Poland. The price of agricultural land has increased significantly since the integration of Poland into the EU. In 2016 the average price of land from the (APA) Agricultural Property Agency increased by 791% and the average price of private agricultural land increased by 690.2% in comparison to 2004. The prices of land differ regionally in Poland. In 2016 compared to 2005 the price of land increased the most in Warmińsko-Mazurskie voivodeship (587,2%), Opolskie voivodeship (547,8%) and Lubuskie voivodeship (534,9%). In 2016 in comparison to 2005 the price of agricultural land increased the least in Małopolskie voivodeship (252,6%), Podlaskie voivodeship (295,0%) and Łódzkie voivodeship (304,9%). The study presents the descriptive statistics of agricultural land. The coefficient of variation of price changes in the years 2005-2016 was the highest in Slovakia (69,8%), Romania (60,4%) and Estonia (59,4%) and the lowest in Italy (9,2%) and France (12,1%). The ADF test (Augmented Dickey-Fuller test) shows that the agricultural land prices data can be classified as not stationary. The implication of the GARCH (Generalized Autoregressive Conditional Heteroskedasticity) model of price volatility of agricultural land is that conditional volatility cannot be confirmed.

Kierunki racjonalizacji struktury rolnictwa polskiego w świetle rozwiązań stosowanych w Europie Zachodniej

Agriculture is a peculiar sector of the economy that requires support from the state. Its spontaneous transformation is not effective enough, therefore a number of mechanisms are applied to stimulate advantageous structural transformation both at EU and national levels. The agricultural system of West European states is based on the family farm. Although Community law does not define a family farm, different systems provide various measures applied in order to protect family farms, e.g. by means of controlling agricultural land trade. The paper presents the legal and institutional solutions applied in this respect in France, Germany and Denmark. These states have not been randomly selected, as they are the main competitors for Polish agriculture in the Community market, and they have succeeded in establishing an agrarian structure. Against the background of their experience, Polish legal solutions are presented and assessed. The responsibilities of the Agricultural Property Agency are presented in detail; its principal task apart from the management of State Treasury property is to shape agrarian structure.

The National Support Centre for Agriculture as the Trustee of Agricultural Property Stock of the State Treasury in Poland

On 1 September 2017, the National Support Centre for Agriculture was established and appointed to serve as the Trustee of the Agricultural Property Stock of the State Treasury in Poland. This study profiles the legal relationship of the trust and points out its specifics in reference to state-owned agricultural property. The article includes an evaluation of the assumed legal solutions for the National Support Centre for Agriculture and compares them to the operations of the abolished Agricultural Property Agency.

Cartographic Methods of Presentation the Average Transaction Prices of the Undeveloped Land

The article presents a description of basic cartographic methods used to visualize spatial data. Information on average transaction prices of the undeveloped land in Warmińsko-Mazurskie voivodeship, from The Agricultural Property Agency, Regional Office in Olsztyn, was the basis for map creation. Unified data allows the accurate presentation of information and highlights the differences in selected cartographic methods. The objective of this article is to describe the selection process of the best method for presenting spatial data by identifying the data structure and visualization purpose; as well as to describe the different types of data presentation for its potential use for work related to activities performed by professionals dealing with the real estate market and by individuals.

THE USE OF STAKEHOLDER CONCEPT IN PROJECT PRACTICE

The article presents the conclusions drawn from the analysis of one of the recently completed and largest public-sector merger projects in Poland – the liquidation of the Agricultural Market Agency and the Agricultural Property Agency and the assumption of their tasks by the Agency for Restructuring and Modernization of Agriculture and the National Center for Agricultural Support. The project aim was to reduce the number of institutions, limiting the costs of their operation and improving the quality of services for beneficiaries and contractors. The project ended on September 1, 2017, involving thousands of employees on each agency’s side, requiring changes to the organization’s off-site organization across the country, and involved several hundred accredited processes that had to be continued to meet the European Commission’s requirements. Since September 1, 2017 the Agency forRestructuring and Modernization of Agriculture has become the sole paying agency for the EU Common Agricultural Policy in Poland and the largest agency of its kind in Europe. The article attempts to evaluate the implementation of the project from the perspective of the Agency for Restructuring and Modernization of Agriculture, in the context of proper relations with stakeholders and their appropriate involvement in the project.

Kształtowanie jednolitej wspólnej regulacji rynków rolnych w Unii Europejskiej i Polsce

Pending the entry into force of the Common Agricultural Organization of Agricultural Markets in 2007, there were twenty one coexisting industry market organizations as defined in the relevant basic EU regulations. Merging in one legal act the provisions of several dozen other EU regulations and looking at the single European market in a holistic and not sectoral way, illustrates the current way of running the Common Agricultural Policy, which seeks to comprehensively address the problems of the European agricultural market. From 1st September 2017, there has been a National Support Center for Agriculture, which took over the tasks of two liquidated agencies: the Agricultural Property Agency and the Agricultural Market Agency. Adaptation of the Polish legislation within the framework of agricultural policy will have to take into account the changes taking place in the Common Agricultural Policy in the future. From 1st October 2017, the sugar-producing quota system which existed for the last 50 years, setting the limits for individual Member States of the European Union, was terminated. This was the last system of agricultural quotas within the European Union. Following the harmonization of the Polish legislation with European standards, we are aware of the fact that the EU law is constantly facing changes.

Zmiany dochodów indywidualnych gospodarstw rolnych z dzierżawy ziemi użytkowanej rolniczo w Polsce w latach 2005-2016

W ostatnich latach w Polsce rosną ceny ziemi rolniczej, a maleje jej podaż na rynku prywatnym. Sprzyja to rozwojowi zjawiska dzierżawy, która w wielu krajach europejskich jest podstawą prowadzenia działalności rolniczej. Celem opracowania jest charakterystyka dochodów otrzymywanych przez gospodarstwa indywidualne w Polsce z dzierżawy ziemi użytkowanej rolniczo i zmian dochodów w latach 2005-2016. Podstawę analiz stanowiły jednostkowe dane empiryczne, dane z badań sondażowych przeprowadzanych corocznie przez GUS, a ich uzupełnieniem były dane IERiGŻ-PIB, ANR (obecnie KOWR) i opracowania wtórne GUS. W wyniku badań stwierdzono, że dochody z dzierżaw prywatnych uległy podwojeniu w latach 2005-2016 i stanowiły ważny składnik dochodów korzystających z nich rodzin, ale z deklaracji badanych wynika, że miały one niewielką skalę (przeciętnie 0,3% gospodarstw indywidualnych). Grunty rolne były wydzierżawiane przez małe gospodarstwa, których głównym źródłem utrzymania była praca najemna, czasem za granicą, a kierownicy byli starsi niż przeciętnie. Często sytuacja rodzinna była nieuregulowana (np. starszy rodzic z dorosłym, ale jeszcze samotnym dzieckiem, które jeszcze ostatecznie nie zdecydowało o swej przeszłości), a okresowe wydzierżawienie gruntów pozwalało na podjęcie decyzji o ewentualnej sprzedaży gospodarstwa w późniejszym czasie.

CONDITIONS OF AGRICULTURAL LAND PRICES DEVELOPMENT IN POLAND

The aim of the paper has been to diagnose factors determining agricultural landprices, classifying them and determining which of them plays the most importantrole. The considerations were based on selected subject literature, the results ofresearches conducted by other authors, as well as analysis of statistical data from theCentral Statistical Office of Poland and Eurostat. Factors determining agriculturalland prices in Poland can be divided into two groups: 2) Market: supply and demandfor agricultural land allotted to agricultural production; supply and demand foragricultural land that can be, in compliance with the binding law, allotted to purposesother than agricultural; simultaneous functioning of two market segments - private(on which a majority of land trading is conducted among farmers) as well as the statemarket segment – the Stock of Agricultural Property of the State Treasury managed,on behalf of the owner - the State Treasury, by the state institution - the AgriculturalProperty Agency; profitability of agricultural production. 2) Non-market: historicalconditions – dominance of private property in Polish agriculture, both in the marketeconomy and in the previous economic system; tradition, culture - passing farmsfrom generation to generation; Poland’s accession to the European Union andcovering Polish farmers with common agricultural policy instruments; ending thetransitional period of purchasing Polish agricultural properties by foreigners on 1May 2016. After this period, the hitherto limitations (special permits) for foreignersin purchasing agricultural properties in Poland were lifted.

Leasing of agricultural land versus agency theory: the case of Poland

Motivation: Agency theory examines relations between entities as contract relations, like land owner and tenant. Polish farmland market and its ‘rules of the game’ are still changing after political transformation. Decisions and actions presented by both parts of the lease contract seems to be easier to understand, explain and predict with the research instrumentality of new institutional economy, especially agency theory. Agency relationship is the issue studied by the economists many times, but there is a need to complete it with examples, researches and practical implications.Aim: the determination of the significance of the lease in Polish agriculture with the use of agency theory.Results: Use of the analytical apparatus of agency theory allowed for the indication of critical elements in the lessee/ lessor relation. One of the most important elements of contract specification is the remuneration transferred as part of the relation. Payments in the market of leasing deriving from the Agricultural Property Agency are regulated by the institution of the lease fee. On the other hand, in the case of leases between neighbours, there are both financial instruments (e.g. settlement of tax, resignation from land subsidies for the benefit of the land owner, rent) and non-financial ones (e.g. equivalent in agricultural products, services performed with mechanical equipment, household care). The results of the study have shown that financial forms are the most popular form of payment; most indications referred to resignation from land subsidies (59.6%).

Motywowanie pracowników w spółkach hodowlanych Agencji Nieruchomości Rolnych

W artykule przedstawiono ocenę motywowania pracowników wykonawczych w spółkach hodowlanych należących do Agencji Nieruchomości Rolnych. W ocenie tej sku­piono się na określeniu stopnia zaspokojenia oczekiwań pracowników, rozpoznaniu hierarchii ważności podstawowych motywów pracy oraz ocenie umiejętności kadry kierowniczej dotyczących motywowania pracowników. Z przeprowadzonych badań wynika, że gros ocze­kiwań pracowników nie było w pełni zaspokajanych. W największym stopniu dotyczyło to oczekiwań związanych z podwyżką wynagrodzeń oraz awansem. Najważniejszymi motywami wykonywania pracy okazały się wysokość wynagrodzenia oraz pewność posiadania pracy. Umiejętności kadry kierowniczej dotyczące motywowania pracowników były na średnim poziomie. W motywowaniu pracowników kadra kierownicza zbyt mało wagi przywiązywała do indywidualnego rozwoju zawodowego poszczególnych pracowników.

The Lease and Sale of Agricultural Real Estate in Poland — Legal and Economic Aspects

Abstract Ownership and lease of agricultural real estate are the basic legal titles to run and organize agricultural farms in Poland. For some years now, the practical significance of lease in rural relations has been growing, which is primarily connected with the activities of the Agricultural Property Agency. Currently, lease is the basic form of management of agricultural lands of the State Treasury. The aim of the paper was to present the basic principles concerning the acquisition and lease of agricultural real estate in Poland and to assess whether the legal regulations favour the formation and expansion of agricultural farms in this country, especially family ones. It should be noted that according to the Article 23 of the Polish Constitution, the basis of the agricultural system is the family farm. The family farm, in turn, is run by an individual farmer. The paper covers also the issue of acquisition and lease of agricultural real estate by foreigners.

Spółki prawa handlowego a ustawa o kształtowaniu ustroju rolnego

The Polish legislator introduced a series of mechanisms limiting the possibility of turnover of agricultural real estate. The rule has been adopted that only an individual farmer may be the acquirer of farming land, which excludes e.g. a commercial law company. The Agricultural Property Agency has been equipped with several competences enabling it considerable interference with the agricultural real estate turnover. The amendment to the Act on the Formation of Agricultural System, binding since 30 April 2016, has introduced several limitations in the acquisition of agricultural real estate by companies governed by commercial law. The acquisition of agricultural real estate with the consent of the President of the Agricultural Property Agency is the only option for legal persons to acquire agricultural real estate. In practice, the above regulations considerably hinder the conduct of agricultural activities by commercial law companies. The principle of the freedom of agricultural activities entails the choice of the form of conducting of such activities. The analysed regulations do not give such freedom. The introduction of a farm company, i.e. the subject whose main activity would be of an agricultural character and which could be treated like an individual farmer, into the Polish, law might constitute a be a good solution to this problem.

Kwestie związane z zasiedzeniem nieruchomości rolnej przez rolnika indywidualnego

According to Article 172 § 3 of the Civil Code, title to agricultural property may be obtained by way of usucaption only by the individual farmer. This regulation has given rise to numerous doubts as to its interpretation. It should be noted here that for the purpose of determining the scope of application of this provision, one should not make references to the Act of 11 April 2003 on shaping the agricultural system to the extent that the same does not result directly from Article 172 § 3 of the Civil Code. Particular difficulties occur with the application of Article 172 § 3 of the Civil Code to mixed type of property, which is only partially agricultural, held under acquisitive prescription by a person who is not an individual farmer. In this case, one should assume that the person in question may only acquire title to the non-agricultural portion of such property. In the event of usucaption of agricultural property by the individual farmer, the Agricultural Property Agency may exercise its right of acquisition under Article 4 of the Act on shaping the agricultural system. However, this solution is highly dysfunctional as the exercise of the right of acquisition by the Agency may lead to division, or even liquidation, of the family farm run by the individual farmer.