Prawo zagospodarowania przestrzeni a prawo własności
The law of spatial development and the right of ownership

Summary/Abstract: patial management is an extremely complicated and conflicting process. This conflict results primarily from the need to secure the implementation of the public interest, which cannot be achieved without interfering with the realestate owners’ rights. The right of spatial development is to be an expression of the reconciliation of these interests, assuming that any interference with property rights must be justified by law, and all manifestations of the prima-cy of the public interest over the individual interest are unjustified. The key public-law instrument by which the binding determination of the rules of land development is made is the local spatial development plan. Itsfindings shape the way of exercising the right of ownership and affect the economic value of the real estate. However, the owner is provided with legal protection measures, with the help of which he can claim compensation for thedamage suffered as a result of the municipality’s planning activity. The purpose of this article is to analyze and evaluate legal measures in terms of securing the interests of real estate owners in the context of upholding constitutional standards for the protection of property rights. Shaping spacewith the help of a local spatial development plan, on the one hand, must fulfil the postulate of rational organization of space, balancing the existing conflicts of values, on the other hand, it can‘t infringe the principle of the protection ofproperty.

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