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Własność złóż kopalin a kryterium społeczno-gospodarczego przeznaczenia gruntu w prawie polskim

Kowal Dominik

Przegląd Geologiczny

2022

Vol. 70, nr 10

770--779

The regulation of the ownership of mineral deposits by the legislator in Art. 10 of the Geological and Mining Law Act does not clearly indicate when a mineral deposit may be taken over the ownership of the land. The answer is to be found in Art. 143 of the Civil Code and the general clause contained in it, the criterion of socio-economic purpose of the land property. It determines the boundaries of the land property and the scope of permitted interference by the owner into the land. At the same time, this clause is ambiguous and not defined by law. This solution, although it raises some controversy, leaves some flexibility in its application in practice, although it means that the burden of interpreting the above-mentioned general clause has been shifted to the legal doctrine and case law of the courts. On the other hand, its definition allows for the identification of a mineral deposit that may be owned by the owner of the latter. The analysis of the available literature and jurisprudence allows for the emergence of certain trendsin this matter. The theses remain valid: the recognition of opencast mining as constituent parts of real estate and the opposite thesis that this interpretation cannot be applied automatically and indiscriminately. Above all, the thesis of the Supreme Court stands out against the background of the others, which indicates the designations of the criterion of the socio-economic use of land. It gives a full answer, indicating that the delimitation of the real estate boundaries taking into account the above-mentioned criterion should be made each time for a specific real estate, taking into account its location, destination in the localplan orthestudy and the way in which the owner intends to use it in accordance with the law (judgment V CSK 200/14).

Shear rupture behaviors of intact and granulated Wombeyan marble with the flat-jointed model

Li Kaihui, Han Dongha, Fan Xiang, Yang Yi, Wang Fei

Archives of Civil and Mechanical Engineering

2022

Vol. 22, no. 1

art. no. e51, 2022

Many large hydropower projects have been constructed in the highly interlocked and non-persistently jointed rock mass (e.g., the columnar jointed basalt). Regarding the granulated Wombeyan marble as an analog of such rock mass, a series of direct shear test simulations under constant normal loading (CNL) and constant normal stiffness (CNS) boundary conditions were performed to better understand its shear rupture behavior using the flat-jointed model based on the discrete element method. The results show that the shear process under the CNS condition can be divided into four stages: linear-elastic stage, yielding stage, shear wear stage and shear sliding stage. The strain-strengthening in the shear wear stage is evident due to the feedback normal stress provided by the cap induced by shear dilation. As the initial applied normal stress increases, the peak shear strength point of specimens under CNL approaches the yield point of specimens under CNS. Additionally, the shear rupture process under CNS is strain controlled in granulated specimens but stress controlled in intact specimens. Correspondingly, the shear rupture zone creation in granulated specimens is not but that in intact specimens is dependent on the initial applied normal stress. Finally, it is demonstrated that the CNS condition can improve the stability of rock slopes or underground excavations embedded in such rock mass and its improvement effect increases with the normal stiffness.