Regulation of the legal status of land plots taken by rivers – based on selected examples from the catchment of Biała Lądecka

key words: delimitation of flowing waters, flood damages

Summary:

Biała Lądecka (51,8 km) is the right-side tributary of Nysa Kłodzka, and these two rivers together with Bystrzyca, Bystrzyca Dusznicka and Jaszkówka create the main network of the part of catchment of Nysa Kłodzka located in the region of Ziemia Kłodzka. The river is supplied by mountain streams, which results in violent reactions to short-term, stormy rainfalls. The rain depth during the flood in 1997, from the 5th to the 8th of July, in the catchment of Biała Lądecka was 350 mm. When soil retention capacity is fully used, the water rise in this area lasts usually for a few hours from the moment of beginning of rainfall, and the rate of water flow is so high that the masses of flowing water often cause damages to the river valley. Due to the strong tendency to develop the valley of Biała Lądecka, the damages in this area are increasing. In recent years, over ten bankful flows and floods that occurred in the analyzed area have caused significant damage and changes in the river bed and valley - including permanent taking of land plots by flowing water.
This study discusses the geodetic and legal aspects related to land plots taken by flowing waters during bankful flows and floods. The studies on the deli-mitation of such land plots have been conducted in the catchment of Biała Lądecka (in Trzebieszowice, Radochów and Ołdrzychowice Kłodzkie). During the field studies geodetic measurements were taken of the rivers, including the specification of the land taken by flowing water (river). The conducted studies resulted in a regulation of designations in the land and Land and Property Register, in assigning the competences to competent bodies, and in regulating the tax issues. One of the results of these studies was also the determination of the surface of the area that was permanently taken by the river current.

Citation:

Markowska J., Dąbrowska J., Kempa O. 2012, vol. 9. Regulation of the legal status of land plots taken by rivers – based on selected examples from the catchment of Biała Lądecka. Infrastruktura i Ekologia Terenów Wiejskich. Nr 2012, vol. 9/ 03 (4 (Dec 2012))