Problems of Real Estate Management with Respect to Claims for Restitution of Expropriated Properties

Abstract

This research paper discusses the issue of the influence of claims for restitution of expropriated real properties on the process of managing public property. Owners of expropriated properties in Poland are protected in the real estate management process. It consists in the legislator imposing an obligation on the public legal entity to notify the entitled persons about the possibility to seek restitution of their properties if the intended purpose of expropriation has not been implemented and if the property is planned to be used for other purposes by the executive body. The thesis of this research paper is the statement that current legal regulations, in particular as regards the obligation to notify former owners, bring about problems in the process of the managing real estate owned by the State Treasury and local government units. The objective of this research paper is to identify problems in the process of public property management with respect to the rights of former owners to seek restitution of expropriated properties. Amendments to the regulations on real estate restitution were proposed in order to streamline the processes of rational real estate management, while respecting the principle of protecting property rights.