Open AccessThe principle of treating expropriation as an ultima ratio measure in light of the amendment to the real property administration act of 4 April 2019, imposing a time limitation on restitution rights
Author(s) -
Sławomir Pawłowski
Publication year - 2019
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.0240
Subject(s) - expropriation , restitution , abandonment (legal) , legislation , real property , law , property (philosophy) , constitution , property rights , business , law and economics , political science , economics , philosophy , epistemology
The act of 4 April 2019 on the amendment of the real property administration act, whichamends the r.p.a.a. in the field of restitution of expropriated property, among others, wasessentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK26/14), which viewed certain heretofore solutions with criticism. The amendment act, whichin addition to amending the unconstitutional provisions, also introduced institutions previouslyunknown to Polish expropriation legislation - the final date of submitting a request for restitutionof an expropriate real property (art. 136(7)). The paper presents a thesis that an expropriatedreal property constitutes a „fixed-purpose” property, which means it may not be used for anyother purpose than that specified in the expropriation decision or contract. Failure to completethis purpose, including its abandonment, means in fact that an unauthorised expansion of publicresources occurred when utilising the realm of imperium.