Wpływ miejscowego planu zagospodarowania przestrzennego na prawne formy dysponowania nieruchomościami rolnymi

Abstract

The aim of the study is to evaluate the effect of local spatial management plans on legal forms of administrating agricultural real estates. In view of the extensive scope of the problem it was decided to focus on the concept of agricultural real estates; transfer of ownership right or perpetual usufruct right of agricultural real estates for purposes other than agricultural; the effect of a local spatial management plan on lease of agricultural real estates. Moreover, the paper also presents principles of changes in planned land use of agricultural real estates in the local spatial management plan and it was referred to the problem of exclusion of agricultural land from agricultural use as well as re-zoning fees. In conclusion the author states that e.g. adoption or a change in the spatial management plan and the location of an agricultural real estate in areas with planned land use other than agricultural does not impose in principle an obligation to cease agricultural activity and does not introduce the date for the exclusion of agricultural land from agricultural activity (unless the plan stipulates another manner of their temporal land management). However, already a change in the plan (the location of an agricultural real estate in areas with planned land use other than agricultural) results in a situation when the National Agricultural Constitution Act of 11 April 2003 is no longer binding. The author also presented her de lege ferenda conclusions concerning e.g. changes in spatial planning, implementation of greater protection of class IV agricultural land (if their cohesive area planned to have their land use changed exceeds e.g. 1 ha), reinforcement of the legal position of agricultural real estate lease in the case of planned land use for leased land other than agricultural in the local spatial management plan. In such a situation the lessee no longer is entitled to the preemptive right, which may be particularly unfair in relation to long-term dependent possessors, who introduced considerable improvements hoping for the potential acquisition of ownership.