Cele i warunki skutecznej interwencji państwa w obszarach ograniczonego użytkowania portów lotniczych
Purpose and Principles of Effective State Intervention in the Form of Restricted Use Areas for Airports

Summary/Abstract: State intervention in the form of restricted use areas created for airports is presented in the context of selected law and economics theories, in particular the Posner’s positive and normative assessments (the Chicago school), Coase’s transaction cost theory have been applied as well as the neo-institutional approach that allows examining the influence of legal provisions on the economic system and the activities of individuals and institutions. The state intervention under consideration is presented in a wider context of its purpose and character with attention given to the particular problem of overlapping claims. The conducted research shows that there is a systemic error in the intervention on the real estate market within RUAs. The error concerns the principles of measuring the transferred rights and subsequently also the identified value of loss. Losses that are valued do not remain within the causal relationship derived from the introduction of new restrictions in the use of land. Therefore, the valued loss is greater than the actual transfer of rights. As a consequence, it is not possible to implement the purpose of the inter vention, namely lowering the transaction costs.

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