The Obligation of Notification of Agricultural Property Acquisition Resulting from the Act on Shaping of the Agricultural System Cover Image

Obowiązek zawiadomienia o nabyciu własności nieruchomości rolnej wynikający z ustawy o kształtowaniu ustroju rolnego
The Obligation of Notification of Agricultural Property Acquisition Resulting from the Act on Shaping of the Agricultural System

Author(s): Martyna Komarowska-Horosz
Subject(s): Law, Constitution, Jurisprudence, Agriculture
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: the Act on Shaping of Agricultural System; agricultural real estate; agricultural real estate turnover; pre-emption of agricultural property; right to acquisition of agricultural real estate;

Summary/Abstract: As a result of the amendment of the Act on Shaping of Agricultural System of 11 April 2003, numerous restrictions have been imposed on the agricultural real estate turnover. Pre-emption of agricultural property has been modified. The scope of the right to acquire agricultural real estate by the Agricultural Property Agency has been widen, now it encompasses any acquisition of ownership of agricultural real estate through any legal action or legal event. The principle of acquisition of agricultural real estate only by an individual farmer introduced by the aforementioned amendment leads to marginalization of the institutions of the pre-emption of agricultural property and the right to acquisition of agricultural real estate, which can be executed only in several cases. This article describes the issues concerning execution of the obligation to notify the entitled of the pre-emption of agricultural property and the right to acquisition of agricultural real estate, such as the time of occurrence of this obligation, manner and term of its execution. Fulfillment of this obligation commences the term in which entitled party can execute its pre-emption or acquisition right. Failing to meet this obligation results in invalidity of the acquisition of agricultural real estate.

  • Issue Year: 26/2017
  • Issue No: 1
  • Page Range: 175-190
  • Page Count: 16
  • Language: Polish