Open AccessRedress of damages inflicted by a due and proper exercise of water law permit for flood protection structures (issued in accordance with the applicable legal norms)
Author(s) -
Elżbieta Klat-Górska,
Sławomir Bogusław Mirowski
Publication year - 2022
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0015.8071
Subject(s) - redress , damages , law , context (archaeology) , flood myth , action (physics) , political science , property (philosophy) , tort , business , law and economics , sociology , liability , physics , quantum mechanics , paleontology , philosophy , theology , epistemology , biology
The exercise ofrights specified in the water law permit may result in damage to property owned by third parties, in particular individuals carrying on business in the vicinity. The category of cases in which legal action is temporarily inadmissible includes cases for damages, but only those “referred to in the provisions of the Act”. The purpose of this paper is to analyseof the issues of redress of damage inflicted by due and proper exercise of water law permit for flood protection structures (issued in accordance with the applicable legal norms). It presents the historical context of regulatorychanges to the indemnification mechanism in the field of water law in Poland. It also discusses themost significant elements of this procedure with particular emphasis on administrative and civilaspects. The temporary inadmissibility of legal action resulting from statutorily designated administrativeproceedings specific to these claims has been subject to criticism in this article.