Z prawnej problematyki dochodzenia przez rolników roszczeń związanych z realizacją inwestycji energetycznych – zagadnienia wybrane

Abstract

The paper discusses pursuing claims for damages for losses resulting from the implementation of public investments. The crop losses resulting from the construction of power transmission lines have already been a subject matter of court proceedings. Due to a variety of those proceedings no course of action has been developed yet. In the paper the Author focuses on the procedure of estimating the loss and determining the amount of damages for losses listed in the Act and for the other ones that the Act does not expressly define. Apart from the loss estimation procedure, the paper raises also other issues relating to a legal situation of a farmer in the court proceedings, such as the costs of private expert opinions and evidentiary proceedings or tax issues. The Author concludes that including a given loss in the investment act gives an injured party a privileged position and the obligations relating to a compensation procedure are passed on to an institution and an investor. This, however, does not apply to the persons whose losses have not been specified in the act. Thus, it is necessary for the investment acts to clarify the concept of “other losses” connected with carrying out a particular investment. Nevertheless, at this stage it would be advisable if public announcements informing about investments specified the dates of construction works and, as a result, indicated possible difficulty in getting access to farmlands.