Public purpose as an essential necessity of expropriation

Abstract

The Constitution of the Republic of Poland guarantees its citizens that the state protects the property and the right of inheritance. At the same time, pursuant to art. 21 par. 2 of the Basic Law, expropriation is permissible only if it is made for public purposes and for just compensation. The protection of property is also provided for by the Polish law of international law. According to art. 1 of Protocol No. 1 of 20 March 1952 to the Convention of November 4, 1950 on the protection of human rights and fundamental freedoms, each natural and legal person has the right to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and under the conditions provided for by law and in accordance with the general principles of international law. The expropriation conditions in Poland were determined by the Act of 21 August 1997 on real estate management. Expropriation of immovable property consists in deprivation or limitation, by way of a decision, of ownership rights, perpetual usufruct right or other right in rem over real property. At the same time, expropriation is only possible in relation to real estate located in areas designated for local purposes for public purposes or for real estate for which a decision was made to determine the location of a public purpose investment.