Historyczne odrębności prawne gruntów warszawskich ze szczególnym uwzględnieniem gruntów rolnych w świetle orzecznictwa administracyjnego i sądowo-administracyjnego

Abstract

This article is about legal distinctnesses of Warsaw real estate with specific consideration to agricultural land situated within urbanized areas of greater Warsaw agglomeration. The Author allocates and presents scientific research on legal conflicts being occurred within Warsaw greater area administrative boundaries. As these regulations applicable to Warsaw area are not unite and transparent and as such do not represent an overall, unite system being finely balanced, the Author undertakes an attempt to determine on legal obstacles, complexity and its discrepancies. The range of study covers especially ownership and affranchisement issues, administrative jurisdiction and the past and most recent judgments constituting case law of administrative courts given by those courts in relation to agricultural land located within urbanized areas of greater Warsaw. In particular, the article is a case study how Warsaw zoning plans influence execution and performance of ownership title and perpetual usufruct title to agricultural land and Warsaw real estate in general. Author also undertakes in the said article key problems derived from complexity of legal issues of Warsaw real estate recovery in case law of administrative courts as well as in selected case law of civil courts, Supreme Court, Constitutional Tribunal and jurisprudence. A specific area of Author’s interest is agricultural land designated for urban and commercial use according to existing zoning plans and binding regulations on shaping of the agricultural system and their impact on development, management and use of such areas. The Author refers also to allowed manner of use of urban land of Warsaw greater area and its legal consequences for the entire system adjacent to agricultural real estate. The scope of scientific research covers also presentation of rules governing the changes in the amount of perpetual usufruct fees and its impact on owners and /or perpetual usufructors position in the light of the allowed use and land development within Warsaw agglomeration. The article refers to distinctnesses and various titles to land occurred within Warsaw urban boundaries (private property, freehold title of State Treasury and municipality) being a result of historical obstacles as well as forwards opinions and de lege ferenda proposals including methods of resolving legal conflicts and discrepancies within binding regulations.