Piotr Drogosz
Radca Prawny, 3 (32), 2022, s. 45 - 57
https://doi.org/10.4467/23921943RP.22.047.17130
Questioning the arrangements regarding the amount of compensation for land plots allocated for public roads under Article 98(1) of the Real Property Management Act at the stage of administrative proceedings to determine compensation
The article presents the view in favor of the possibility (obligation) for investigation and questioning by the public authorities in the process of determining the compensation for land plots allocated for public roads, which have become the property of a local government unit or the Treasury on the basis of Article 98(1) of the Real Property Management Act, the results of arrangements regarding the amount of compensation reached through negotiations (civil law action) between the owner of the land plot allocated for a public road and the competent authority. The purpose is to demonstrate the situations in which such an investigation is necessary, and that it falls within the cognition of public authorities and administrative court rulings on compensation.