Compulsory Purchase Compensation in Polish Legislation on a Background Solutions Adopted in Other Countries (4028) |
| Sabina Źróbek and Marek Walacik (Poland) |
Prof. Sabina Źróbek
Director
Department of Land Management and Regional
Development , University of Warmia and Mazury
15 Prawocheńskiego Str
Olsztyn
10-724
Poland
|
| |
| Corresponding author Prof. Sabina Źróbek (email: zrobek[at]uwm.edu.pl, tel.: +4 8 89 5233886) |
| |
|
| [ abstract ] [ paper ] [ handouts ] |
|
Published on the web 2010-01-14
Received 2009-11-19 / Accepted 2010-01-14 |
| This paper is one of selection of papers published for the FIG Congress 2010 in Sydney, Australia and has undergone the FIG Peer Review Process. |
FIG Congress 2010
ISBN 978-87-90907-87-7 ISSN 2308-3441
http://www.fig.net/resources/proceedings/fig_proceedings/fig2010/index.htm
|
Abstract |
| The basic conditions of compulsory purchase use, regulated in many countries by constitutions or other acts of fundamental character are:
- public purpose investment realization,
- just compensation payment.
The principles considering determination of monetary fulfillment for deprivation or limitation of property rights are subject of discussion of following paper.
The questions that the authors tried to give answers to are following: 1. How to interpret the meaning of just compensation on the basis of Polish legislation? 2. How the principles given in the constitution are implemented by the detailed regulations? 3. How the value of compensation is determined? 4. What are the general principles of compensation determination in other countries?
In order to do that not only the Polish law regulations analysis were made but also empirical research on particular area (the province of Warmia and Mazury) where public road construction investments were carried out. Additionally the authors have produced a compulsory purchase questionnaire that was send to many countries all over the world. The results of empirical research and analysis of given answers led to the particular conclusions: 1. The Polish rules of compulsory purchase compensation determination do not fulfill the “just compensation principle”. 2. There are no homogenous rules of compensation determination on the international arena. 3. The most appropriate forum for forming that kind of general international rules seems to be FIG and FAO. |
| |
| Keywords: Access to land; Valuation; Legislation; property; expropriation; compensation; Poland |
