Kilka uwag do założeń do projektu ustawy o zmianie ustawy o zagospodarowaniu wspólnot gruntowych

Abstract

Common lands constitute a carry over from the ownership transformations that occurred in Poland during the 19th century as feudalism drew to an end. Common lands constitute a form of joint ownership enjoyed by the residents of a given village. Typically, a villager’s share in the common land is based upon the size of the person’s farm. The majority of “Commons” were created during the 19th Century, however, in practice some Commons can be traced back more than 600 years. Today in Poland more than 5,100 Commons exist, covering an area of approximately 107,000 hectares. Of this number, the legal status of nearly 3,500 Commons is not clear, resulting in most of these properties being off the market. The management and administration of Commons is regulated by the Common Lands Act (“Act”) dating back to 1963. Today the Act is inadequate to properly address the current and future use of the Commons. The current mechanism used to determine a person’s right to use a particular common land, as well as his or her share in ownership, is inadequate and inefficient. In response to the growing difficulties in managing the Commons, the Polish government is currently working to amend the Act. Once enacted, the proposed amendments are intended to implement a new set of rules to determine the legal status of the Commons, as well as to determine legal title to such common lands. Under the proposed amendments, the legal status for each property regarded as common land will be determined on the basis of documentation, and in the event such documentation does not exist, on the basis of the factual state of such land during the previous five year period. Within first 6 months following amendment of the Act, interested parties will be able to submit applications to indicate which properties comprise the Commons, and the share of ownership afforded to specific individuals. If a particular Commons is not claimed by entitled parties, ownership of such property will be awarded to the local municipality or to the State Treasury. This article examines whether the proposed amendments will in fact resolve current questions and disputes regarding the legal status of Commons.