Samodzielność gminy i konstytucyjne zasady ustrojowe a realizacja uprawnień wynikających z art. 36 ust. 1 Ustawy o planowaniu i zagospodarowaniu przestrzennym
Legal Independence of the Commune and the Constitutional Principles of System and the Execution of the Claims According to the Art. 36 of the Act on Spatial Planning and Development

Summary/Abstract: Due to the increasingly active planning policy of the communes in Poland and adopting new development plans, claims of the owners and perpetual leaseholders whose property was included in the plans, are gaining importance. The legal basis for the above claims is Art. 36 of the Act on Spatial Planning and Development, which considers damages for loss of property value as well as possibility of requesting obligatory purchase of the property by the commune. The general courts have just issued the first rulings, but already some stabilization of judicial practice is noticeable. When evaluating it, one should notice a conflict it creates between the values protected by the Constitution – right of ownership – Art. 64 of the Constitution of the Republic of Poland and legal independence of a commune, as stipulated in Art. 165.2 of the above Constitution as well as in legal regulations related to the activity and powers of local governments in Poland. In this article there is a summary of judicial decisions of the Polish general Courts and an assumption, arousing no controversy at present, concerning loss of the possibility to use a property in a way it had been used before when a change in the actual way of using the property has only just been planned and a permit has been obtained in the form of a decision on building and land development conditions for a given property. Such view of this issue must trigger controversy given Art. 1 of the Constitution: the rule of common good,and Art. 2: the principles of a democratic state ruled by law as well as the aforementionedprinciple of the independence of a commune.

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