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Issue 16 (1) 2017 pp. 25-34

Mieczysław Połoński, Katarzyna Zawadewicz

Wydział Budownictwa i Inżynierii Środowiska, Szkoła Główna Gospodarstwa Wiejskiego w Warszawie, Warszawa Mazowiecki Urząd Wojewódzki, Warszawa

ANALYSIS OF THE EFFECTS OF IMPLEMENTING THE “SPECIAL LAW” (ON ACQUIRING LAND FOR PUBLIC PROJECTS) AS A PROCEDURE FOR PREPARING ROAD INVESTMENTS IN POLAND

Keywords: special road law, road investment, investment preparation, investment process, building law
Abstract:

From the moment when Poland acceded the European Union, the country gained access to large amounts of financial resources e.g. for the development of road infrastructure. However, the use of the funds was restricted by legal procedures related to the preparation and accomplishment of these investments. For enhancement of the investment process with regard to these issues, the Polish Parliament enacted a special road law, commonly known as the “specustawa”, on acquiring land for public projects. It became effective in 2003 and will remain in force till 2020. Because this law is in effect already for over 10 years, the paper analyses both positive and negative effects of its implementation. It was confirmed that the “special law” is an indispensable legal act for fast accomplishment of a road network in Poland. It is readily, effectively and maximally utilized in the process of preparation and accomplishment of road investments. The accumulation of several administration procedures in one act gives the investors several legal possibilities of effective and fast accomplishment of such objects. However, procedural simplifications in the act increase the risk of committing an error, with irreversible effects, both technical and legal. The main problems linked with the implementation of the “special law” include the value of the pay compensations for the acquired land and attempts of expropriation beyond a range that is indispensable and necessary for the accomplishment of a scheduled road investment.

pub/16_1_25.pdf Full text available in in Adobe Acrobat format:
http://www.architectura.actapol.net/volume16/issue1/16_1_25.pdf

For citation:

MLA Połoński, Mieczysław, and Katarzyna Zawadewicz. "ANALYSIS OF THE EFFECTS OF IMPLEMENTING THE “SPECIAL LAW” (ON ACQUIRING LAND FOR PUBLIC PROJECTS) AS A PROCEDURE FOR PREPARING ROAD INVESTMENTS IN POLAND." Acta Sci.Pol. Arch. 16.1 (2017): 25-34.
APA (2017). . Acta Sci.Pol. Arch. 16 (1), 25-34
ISO 690 POłOńSKI, Mieczysław, ZAWADEWICZ, Katarzyna. ANALYSIS OF THE EFFECTS OF IMPLEMENTING THE “SPECIAL LAW” (ON ACQUIRING LAND FOR PUBLIC PROJECTS) AS A PROCEDURE FOR PREPARING ROAD INVESTMENTS IN POLAND. Acta Sci.Pol. Arch., 2017, 16.1: 25-34.
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Streszczenie w języku polskim:
http://www.architectura.actapol.net/tom16/zeszyt1/abstrakt-25.html