Przetarg ograniczony przy sprzedaży gruntów z Zasobu Własności Rolnej Skarbu Państwa a wsparcie gospodarstw rodzinnych (wybrane zagadnienia)

Abstract

One of the main directions of activities conducted by the Agricultural Property Agency is to support agricultural farms. The most significant manifestation of such activities, aimed at supporting this objective, is the sale of land from the Agricultural Property Stock of the State Treasury to individual farmers who wish to enlarge their family farms, under a restricted tender procedure. Although the Act on the Management of the Agricultural Property Stock of the State Treasury also provides for other categories of entities – i.e. other potential participants of such restricted tenders, the procedures aimed at individual farmers are of the greatest importance in the Agency’s activities in this field. However, it should be noted that the statutory regulation concerning tenders for the sale of land with a view to supporting family farms is not complete and does not provide for any legal instruments designed not only to ensure that the land will be acquired by persons with adequate qualifications, but also that such land will be used by the purchaser for the conduct of agricultural activity. Therefore, the Agency introduces appropriate clauses into agreements with such purchasers in order to ensure that agricultural activity is conducted on the land acquired by them. However, the acceptability of such clauses may raise reasonable doubts.