Agricultural Real Property as a Subject of Limitations on Transactions Transferring Ownership Cover Image

Pojęcie nieruchomości rolnej jako przedmiotu reglamentacji obrotu własnościowego
Agricultural Real Property as a Subject of Limitations on Transactions Transferring Ownership

Author(s): Konrad Marciniuk
Subject(s): Agriculture, Civil Law, Political economy, Present Times (2010 - today)
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: agricultural property; trading in agricultural properties; right of pre-emption; shaping of the agricultural regime;

Summary/Abstract: The article introduces a definition of agricultural real property based on various legal acts – before the adoption of the Civil Code, pursuant to Article 461 of the Civil Code and the Act on Shaping the Agricultural Regime; it also describes the criteria of establishing the property as being used for agricultural properties. It features the assessment of the legal character of a property being recorded in the cadaster as agricultural and establishing properties as agricultural in zoning acts and the Act on Zoning and Development. The article also tells the story of limitation of trading agricultural land in Poland, focusing largely on the most recent and very extreme limitation introduced by the Act on Ceasing the Sale of Property Owned by the State Treasury and amending certain other acts of 14 April 2016 and reviews the procedure and legal conditioning of obtaining a permit to sell agricultural property, granted by means of an administrative decision issued by the President of the Agricultural Property Agency and the potential consequences of its invalidity. The article provides a complex review of a wide range of issues related to the limitations on transactions involving agricultural real property

  • Issue Year: 26/2017
  • Issue No: 1
  • Page Range: 93-114
  • Page Count: 22
  • Language: Polish