Published: 2019-09-13

Protection of the individual in expropriation proceedings

Justyna Mielczarek-Mikołajów
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1150

Abstract

The Constitution of the Republic of Poland, in Art. 21, par. 2, permits constitutional expropriation only if this is made for public purposes and with just compensation. It is the highest degree of interference in the ownership of the individual and, therefore, it is important to ensure that the proceedings which are legally carried out implement the basic principles of the administrative procedure and are run in accordance with the provisions of the Act on Real Estate Management. Due to the guarantee of protection of the individual, special attention should be focused on the conditions determining the initiation and conduct of expropriation proceedings in the form of public purpose execution, negotiations to conduct an administrative hearing, determination of “just” compensation, and return of property in cases specified in the Act.

Keywords:

expropriation, individual, return of property, compensation, real estate management

Download files

Citation rules

Mielczarek-Mikołajów, J. (2019). Protection of the individual in expropriation proceedings. The Opole Studies in Administration and Law, 16(1 (3), 127–138. https://doi.org/10.25167/osap.1150

This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.