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Substituted property in expropriation of real estate: the case of Poland

Author

Listed:
  • Anna Klimach

    (University of Warmia and Mazury in Olsztyn)

  • Ryszard Źróbek

    (University of Warmia and Mazury in Olsztyn)

Abstract

Motivation: Substituted property is a concept appearing, among other places, in the real property expropriation procedure. Its most frequent use is in the context of granting an equivalent of expropriated property. Historically, this concept has been used in reference to different regulation. Aim: In this article the statutory definition of substituted land (parcel) has been found and its ongoing pertinence subjected to analysis. Results: A new definition of substituted property is proposed along with amendment of the provisions of the Real Property Management Act (1997), one which may contribute to popularizing the concept of substituted property as an equivalent of expropriated real estate.

Suggested Citation

  • Anna Klimach & Ryszard Źróbek, 2017. "Substituted property in expropriation of real estate: the case of Poland," Ekonomia i Prawo, Uniwersytet Mikolaja Kopernika, vol. 16(2), pages 141-157, June.
    • Handle: RePEc:cpn:umkeip:v:16:y:2017:i:2:p:141-157
    DOI: 10.12775/EiP.2017.010
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    References listed on IDEAS

    as
    1. Oecd, 2004. ""Indirect Expropriation" and the "Right to Regulate" in International Investment Law," OECD Working Papers on International Investment 2004/4, OECD Publishing.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    substituted property; expropriation; procedure; compensation; similar property;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K25 - Law and Economics - - Regulation and Business Law - - - Real Estate Law
    • H13 - Public Economics - - Structure and Scope of Government - - - Economics of Eminent Domain; Expropriation; Nationalization
    • H82 - Public Economics - - Miscellaneous Issues - - - Governmental Property
    • P14 - Political Economy and Comparative Economic Systems - - Capitalist Economies - - - Property Rights

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