Odszkodowanie z tytułu ograniczenia sposobu korzystania z nieruchomości w procedurze oceny oddziaływania na obszar Natura 2000
Compensation for limiting the use of real estate in the Natura 2000 area impact assessment procedure

Summary/Abstract: Restricting the use of real estate in connection with the protection of environmental resources may take place by placing areas or objects under protection under the provisions of the Act on Nature Conservation or by designating quiet areas in the agglomeration and quiet areas outside the agglomeration. The owner of such real estate, the use of which or its part in a cur-rent manner or in accordance with the intended use has become impossible or significantly limited, may request the buyout of the real estate or its part. The second option available to the owner of such real estate is the possibility to claim compensation for the damage suffered, including a decrease in the value of the real estate. The aim of the article was to analyze the possibility of limiting the use of the real estate as a result of the Natura 2000 impact assessment procedure, including the claim for compensation. So far, in the doctrine and jurisprudence, this issue has not been extensively analyzed in this context. The analysis of regulations and jurisprudence has shown that if the restriction on the use of real estate or its part results from individual administrative proceedings, the right to demand the redemption of all or part of the real estate or to demand damages does not directly stem from the currently applicable legal provisions. To eliminate this legal gap, possible ways of amending the legal regulations have been proposed.

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