FAIR COMPENSATION FOR THE EXPROPRIATION OF REAL ESTATE FOR THE PURPOSES OF THE IMPLEMENTATION OF THE CENTRAL TRANSPORTATION HUB

Abstrakt

The article delves into the matter of fair compensation rendered for the expropriation of private property in the context of the Central Transportation Hub (CPK). It discusses the legal framework for expropriation in Poland by taking up a comparative approach towards the institution as defined in the Constitution, the Property Management Act, as well as in the Central Transportation Hub Special Act. It also delves into the historical background of expropriation. Consequently, by providing the definition of fair compensation, statutory regulations concerning it, as well as judgments that are of paramount importance, it ponders on the current situation regarding compensation for landowners whose property will be affected by the Central Transportation Hub investment. The ultimate objective of this article is to present an array of legal possibilities and doubts concerning the guidelines and circumstances that will serve as the basis for determining compensation for private owners. The article advances several courses of action and suggestions to improve the compensation process. Those, in turn, could potentially be a way of assuring that landowners acquire fair and just compensation for their rights to the expropriated properties.