ZAKRES SŁUSZNEGO ODSZKODOWANIA PRZY WYWŁASZCZANIU NIERUCHOMOŚCI POD BUDOWĘ CENTRALNEGO PORTU KOMUNIKACYJNEGO
THE SCOPE OF FAIR COMPENSATION WHEN EXPROPRIATING PROPERTY FOR THE CONSTRUCTION OF THE CENTRAL TRANSPORT HUB

Summary/Abstract: The article undertakes an analysis of the Act on CPK’s regulations on compensation for taking over real property for the construction of CPK. The detailed considerations focus on the assessment of the legal solutions adopted in the law, which are the basis for determining the amount of compensation for expropriation, especially the mechanisms introducing the possibility of increasing it. The reference for the determinations made is the principle of fair compensation expressed in Article 21(2) of the Constitution of the Republic of Poland as a necessary condition for the permissibility of expropriation in Polish law, as well as the general model of compensation adopted in expropriation law and concretized in the Law on Real property Management. On the basis of these assumptions, it is reasonable to conclude that the compensation provisions of the Act on CPK are in line with the general assumptions of expropriation law, thereby duplicating its illegible solutions for determining the amount of compensation. On the other hand, they modify the benefit principle in a manner different from the general rules, introducing a solution in this area, which in its content does not violate the constitutional principle of fair compensation, although it does not remove the doubts related to the legal nature of increases in the amount of compensation so constructed.

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