Evaluating the Correctness of Evidence Theses Ordering an Expert Opinion from a Valuer in Compensation Proceedings Regarding RUAs
Evaluating the Correctness of Evidence Theses Ordering an Expert Opinion from a Valuer in Compensation Proceedings Regarding RUAs

Summary/Abstract: The purpose of this publication is critical evaluation of the formulation of evidence theses ordering an expert opinion from a valuer with a view to establishing compensation for the value impairment of residential properties located in airport RUAs under Art. 129(2) in conjunction with Art. 135 ELA, in the context of the adopted assumptions of the state intervention. The article contains considerations of theoretical nature, made in two areas: law and economy. The whole is summarized by the results of the empirical research carried out in the years: 2019-2020. The results point to defective practice of the adjudicating courts in compensation matters for value impairment of properties located in airport RUAs as regards the formulation of evidence theses for expert witnesses, which precludes implementation of the adopted purpose of state intervention, that is reduction of transaction costs in the property market. The research was carried out for five national airports, namely: Gdańsk Airport (PL), Katowice AP, Cracow AP, Poznań AP, Warsaw AP, using the case study method. For the purpose of the research, the airports provided documentation for thirty-three court proceedings, covering, among others, the total of 49 evidentiary rulings. The implemented research provides practical conclusions addressed to airports, courts adjudicating in compensation matters and valuers.

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