Open AccessNationalization and communalisation of road plots as a legal effect of the decision to approve the registration division of the property
Author(s) -
Marcin Ciemiński,
Łukasz Piergies
Publication year - 2020
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0014.3519
Subject(s) - appropriation , revocation , business , property (philosophy) , public property , property rights , government (linguistics) , law , political science , computer science , philosophy , linguistics , epistemology , overhead (engineering) , operating system
This article is devoted to the appropriation of plots of land intended for the constructionof public roads by the State Treasury or local self-government units. What is contemplated is therelationship between the content of the decision approving the division of real property and itslegal and material effect, i.e. the revocation of the ownership right. The transfer of ownershipto a plot of land intended for the construction of a public road from a private entity to a publicbody is an additional legal effect of the decision approving the division of real property. Thiseffect does not arise from the decision itself, but by operation of law. In the Authors’ opinion,since the public body is not authorized to issue a binding decision on the revocation of anownership right, it means that such an effect may not depend on the content of the decisionon the division of land. In the Authors’ opinion, it is necessary to reject such an interpretationof the provisions of the Real Property Management Act, including Article 98(1) of the RealProperty Management Act, which aims to establish the minimum content of the decisionon the division of land that would determine the legal and material effect of such a decision,i.e. the transfer of the ownership right from a private entity to a public body. For practicalreasons, a public body may include in its decision information on the legal effects of sucha decision, i.e. the revocation of the ownership right when the decision becomes final. However,such a note will be informative only.