The Liability of the State Treasury for Developing Roads Cover Image

Odpowiedzialność odszkodowawcza państwa z tytułu rozwoju infrastruktury drogowej
The Liability of the State Treasury for Developing Roads

Author(s): Marcin Tomecki
Subject(s): Economy, Law, Constitution, Jurisprudence, Civil Law, Public Finances
Published by: Wydawnictwo Uniwersytetu Ekonomicznego w Krakowie
Keywords: state responsibility for road development; road infrastructure development; highway development; infrastructure development

Summary/Abstract: Developing the road infrastructure is expensive, with the costs including not only for construction and maintenance but also the payment of compensation for damages. The main aim of this research is to identify the investorʼs scope of responsibility for the development of the road infrastructure and its impact on cost growth. The subject of research is the responsibility the State Treasury bears for developing infrastructure in selected road investments. An analysis of legal regulations governing the State Treasury’s liability and judicial decisions in this area has been conducted. The results of research lead to several conclusions. The responsibility of the State Treasury for expropriating road construction is limited and does not include lost benefits. The most common reason damages are paid by the investor is damage caused by noise and vibration. Claims are more effectively recovered if the property is located in a Restricted Use Zone. The scope of responsibility for noise and vibrations include damages on personality rights too.

  • Issue Year: 975/2018
  • Issue No: 3
  • Page Range: 145-157
  • Page Count: 13
  • Language: Polish