Adjacent fee established pursuant to Art. 145of the Real Property Management Act (selected issues)
The adjacent fee mentioned in Art. 145 of the Real Property Management Act is connectedwith the construction of technical infrastructure facilities. Its establishment is conditionedby the increase of real property value and the owner of the property is the charged entity.Due to the way in which the...
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| Format: | Article |
| Language: | English |
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MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2023-09-01
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| Series: | Nieruchomości@ |
| Subjects: | |
| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0053.8971 |
| Summary: | The adjacent fee mentioned in Art. 145 of the Real Property Management Act is connectedwith the construction of technical infrastructure facilities. Its establishment is conditionedby the increase of real property value and the owner of the property is the charged entity.Due to the way in which the fee is established, in the situation where the real propertyowner changes within the period of time between the construction of infrastructure and thecommencement of proceedings, it is difficult to determine which entity should be charged by the fee. The subject of this article is the analysis of the subjective and objective aspect of thefee in view of statutory regulations. Specific solutions with regard to evidentiary proceedings,which constitute an exception in view of the regulation adopted in the Code of Administrative Procedure, are also worth considering. |
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| ISSN: | 2657-8247 2719-8030 |