Constitutional aspects of protection of ownership right in Poland
Kutyla, Malgorzata
The Constitution protect ownership and the right of succession and this protection should be on equal basis for everyone. The obligation of State connected with the execution of public tasks cause, that State has to intervene in private ownership According an constitutional principle every intervention into ownership should be an absolutely exceptional measure. Before initiating expropriation the authority is obliged to seek negotiations to acquire the real estate by means of civil agreement. In addition expropriation is allowed solely for just compensation which means compensation corresponding to the market value of property. In practice the expropriated person, nevertheless do not accept the amount of compensation. In order to simplify and speed the procedure the Parliament passed special provisions concerning acquisition of land for the purpose of highway construction.
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