Open AccessThe expropriation of ownership for building a public road - procedure – compensation
Author(s) -
Iwona Wrześniak
Publication year - 2019
Publication title -
przegląd komunikacyjny
Language(s) - English
Resource type - Journals
eISSN - 2544-6037
pISSN - 0033-2232
DOI - 10.35117/a_eng_19_08_04
Subject(s) - expropriation , business , real estate , compensation (psychology) , investment (military) , finance , law and economics , economics , law , market economy , psychology , psychoanalysis , politics , political science
The procedure for expropriation of the property is based on the removal of the ownership right of the current owner to benefit the overall public which is usually the construction of public utilities, e.g. roads. The justification for expropriation is based on the permission to carry out a road investment, which has legal-property (material) effects – the power of the law itself transfers ownership to a public entity: the State or a local government unit, therefore, it is the most extensive interference in ownership relations. The Act of 10 April 2003 dealing with special rules for the preparation and implementation of investments of public roads introduces a simplified, one-step expropriation procedure aimed at accelerating and streamlining the implementation of road investments in Poland. Expropriation is possible only when just compensation is paid. In order to determine the amount of compensation, it is necessary to assess the market value of a given (concreto) property. The compensation entitlement for the withdrawal of the property right does not become time-barred, thus, the party to expropriation proceedings may demand it at any time. The compensation function is implemented by granting the holder usually a cash payment for the expropriation of real estate on which the road will be built.Keywords: Expropriation of real estate; Compensation; Special purpose Road Act