Problematyka nabycia resztówek – refleksje nad art. 13 ust. 3 ustawy o szczególnych zasadach przygotowania i realizacji inwestycji w zakresie dróg publicznych
Property Remnants After Partial Expropriation – Reflections over Art. 13 paragraph 3 of the Act concerning the preparation and implementation of investment in public roads

Summary/Abstract: The purpose of this paper is to present the mechanisms of buying out the remnants after partial expropriation. In the first part, the author presents the Polish constitutional necessary conditions for expropriation. Afterwards he explains how to understand these conditions. Because the law regarding this subject can be described as ambiguous, it is not rare that to find a proper interpretation, one needs to consult particular cases. From there we can see that in praxis it might be difficult for the interested parties to receive proper and just compensation. It is further demonstrated by the author that vindicating such claims in the court is much more difficult than during the usual administrative processes.

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