PUBLIC PURPOSE AS A REASON FOR ADMISSIBILITY OF EXPROPRIATION (Cel publiczny jako przeslanka dopuszczalnosci wywlaszczenia)
The aim of the article was to make an attempt to specify the meaning of the concept of 'public purpose', which is used in article 112 section 3 of the Act on real estate management of 21 August, 1997, highlighting its role as a reason for admissibility of expropriation with a simultaneous emphasis on the principle of expropriation subsidiarity and specifying the public purposes because of which expropriation is admissible: those specified in the Act on real estate management as well as in specific acts referred to in article 6 point 10 of the Act on real estate management. The performed analysis enabled a positive assessment of the way of defining purposes being a reason for admissibility of expropriation in accordance with the presently binding Act on real estate management in comparison with the regulations used by the legislature against a background of the Act on land management and expropriation of 29 April, 1985 and the Act on the principles and procedures of expropriation of 12 March, 1958. It also triggered a call for even more detailed specification of what a public purpose is in accordance with the Act on real estate management.
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