A conflict of interest in the implementation of a public goal in the institution of real estate expropriation Cover Image

Konflikt interesów przy realizacji celu publicznego w instytucji wywłaszczenia nieruchomości
A conflict of interest in the implementation of a public goal in the institution of real estate expropriation

Author(s): Karolina Muzyczka
Subject(s): Public Administration, Public Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: private interest; public interest; public purpose; ownership;

Summary/Abstract: The conflicts of values that have accompanied mankind since the emergence of more or less formalized social organizations are the cause of not only many disputes, especially wars and revolutions, but also philosophical and legal considerations on the possible ways of solving them. Undoubtedly, one of the areas of such disputes lies on the borderline between the public interest and private interest in the context of the issue of expropriation for public purposes. Therefore, the purpose of this article will be to define these concepts from the point of view of literature, case law and legislation. An aspect of a possible conflict of interest is the right and the duty of public authorities to satisfy the needs of society, even at the cost of somehow violating the interests of the individual. The construction of roads, airports or sports facilities requires the acquisition of land for public purposes by the competent public administration authorities. The way to achieve these goals is the practical application of the institution of expropriation, which causes a conflict of public interest with individual interest.

  • Issue Year: 2021
  • Issue No: 9
  • Page Range: 41-50
  • Page Count: 10
  • Language: Polish
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