Zakres podmiotowy i przedmiotowy wywłaszczenia nieruchomości według przepisów ustawy o gospodarce nieruchomościami
The subjective and objective scope of expropriation of real estate according to the provisions of the Real Estate Management Act

Summary/Abstract: Expropriation is one of the legal institutions that most interferes with citizens’ rights. It consists in depriving him of property in the name of a statutorily defined common good. Of course, with expropriation comes the obligation to compensate for the lost property. When constructing the provisions on expropriation, the Polish legislator largely considered constitutional standards, but it did not avoid several significant errors that require analysis. They are concerned with such important issues as the subjective scope and objective scope of the expropriation process, as well as the rights of the party in this procedure. The purpose of this article is analysis of Art. 113 u.g.n. together with closely related provisions that define the subjective and objective scope of the expropriation of real estate. The study includes determining the entities of expropriation proceedings, the beneficiaries of the expropriation control and the types of real estate that may be subject to expropriation. At the same time, the issue of the expropriated claim for the purchase of the remaining part of the property was analysed, including the nature of the claim for the purchase of the remaining part of the property, the factual circumstances entitling the claim to purchase the property and the issue of the method of current use of the property.

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