Podstawy odpowiedzialności odszkodowawczej państwa z tytułu ustanowienia obszarowych form ochrony przyrody w Polsce
The Legal Basis of the State Obligation to Compensate for Material Loss in the Nature Conservation Areas

Summary/Abstract: The area forms of nature conservation are an essential element of protection system of resources, objects and wildlife components of nature. The concept of this form of protection is based on a model of a specific area, characterized by a specific legal regime determined by protective function. The regime, binding on the specific areas, including the area forms of nature conservation , affects in a special way the exercise of the right of ownership and other property rights to the property. The scope of interference with property rights is a source of compensation claims, which lies at the basis of the obligation to compensate for material loss incurred in the public interest and the common good. The constitutional basis for the obligation to compensation is a guarantee of fair compensation for the expropriation.

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