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Mgr Anna Maria Siwierska
ORCID: 0000-0003-4238-4420

Mgr Anna Maria Siwierska

Lawyer and economist, a graduate of the College of Europe in Natolin and a PhD student at the Doctoral School of Social Sciences at the University of Warsaw. In 2020–2021, she was the deputy director of the Investment Location Department at the Ministry of Development, and then the Ministry of Development, Labor and Technology - the department responsible for expropriation and the investment localization process. She has an extensive experience in conducting administrative proceedings in public sector entities.

 
DOI: 10.33226/0137-5490.2022.2.7
JEL: K10, K11

The article analyzes the practical effects of the tendency to expand the catalog of public goals in the Polish legal order. In particular, it deals with the issue of the consequences of introducing modifications to the expropriation procedure specified in the Real Estate Management Act, in the so-called special road act and the regulation on the valuation of real estate and the preparation of an appraisal report. On the basis of the so-called "the principle of benefit", the research explains the need to outline a clear hierarchy in the regulations concerning the expropriation procedure. The aim of the article is to identify selected elements of an economically effective and legally optimal model of real estate expropriation, which will balance the interests of private owners and the developing public investment market in the context of the state's liability for compensation for legal interference with property rights. The importance of the topic results from the intensification of works related to the localization of technical infrastructure such as roads, railways, airports or communication ports and related legislative problems. The issues raised are of key importance in the context of the amount of compensation awarded for real estate taken over for public purpose investments, and thus — determining the relationship between the public and private interests.

Keywords: expropriation of real estate; compensation; public purpose investments; special road act; the principle of benefits