Działania starosty w procedurze wywłaszczenia nieruchomości na cele związane z ochroną środowiska

Abstract

The object of this article is analysis of a district governor’s role in the scope of expropriation of real estate, as the body competent within this procedure. Widely understood expropriation may be favourable to the principle of sustainable development, but, on the other hand, may frequently cause confl ict of interests. The district governor’s task is therefore to mitigate such confl ict by means of balancing interests and achieving compromise in heading to satisfy the social-economic needs of present and future generations. The Author indicates the review of competences of a district governor as the body within government administration, beginning with opening negotiations, through duties related to issues of damages and land and mortgage registers, till the moment when the decision on expropriation is final and valid. All of them are to establish guaranties to the subject of proceedings, that expropriation is the ultima ratio measure, and is being held in accordance with the legal procedure and the principle of democratic state of law, including the principle of sustainable development.