Transformation of the property of the state treasury in the context of current provisions of law

key words: property of the StateTreasury, municipalization, affranchisement, privatization

Summary:

Starting in 1990, Poland faced the changes which initiated the process of transformation of the property owned by the State Treasury. This transformation related to the acquisition, conversion or transfer of property rights to the State-owned real estate to other entities. The essence of these changes, regarding real estate ownership, involved the implementation of the following basic assumptions:
- derogating from the principle of the indivisibility of the property owned by the State Treasury,
- clear identification of the entity entitled to the property,
- limiting the possibility of an administrative intervention in real estate transactions.
These assumptions specified the direction of the reform of the legal system. Property rights were constitutionally strengthened. Municipalities were given legal personality and a new category of property was introduced - municipal property. The subject transformation was carried out in various proceedings, such as municipalization, enfranchisement, acquisition of real estate by the Agency of Agricultural Property of the State Treasury, transfer of property to counties and provinces. Simultaneously with these transformation processes, there were returns of the real properties which proved unnecessary for the purposes for which they were expropriated, as well as restitution of religious property from legal persons. A very important issue are claims for restitution of the estates acquired for the benefit of the State Treasury as a result of the Decree on the Agrarian Reform and claims of the parties for the property left outside the Polish state borders (i.e. property beyond the Bug River). Another significant problem is determining the ownership of public roads. For the roads, the regulations of their legal status are being carried out to this day. Such regulations in the southern areas are often associated with the separation of mortgage bodies (for example reservoir "Świnna Poręba"). Due to the anniversary of the occurring changes, the study will analyze the legal provisions related to the transformation of the property of the State Treasury over the past 25 years. These regulations were, in fact, subject to radical changes after the Polish accession to the European Union. The summary will analyze the status quo - positive, but also negative consequences of these changes.

Citation:

Przewięźlikowska A. 2016, vol. 13. Transformation of the property of the state treasury in the context of current provisions of law. Infrastruktura i Ekologia Terenów Wiejskich. Nr 2016, vol. 13/ II (1 (Apr 2016))