Agnieszka Bieda

Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

Abstract Constitutional transformation in Poland, which took place at the turn of the eighties and nineties of the past century, was directed, among others, at creating a civil society and a free market. Changes in people’s mentality quickly brought about economic changes based on the concept of private ownership. Yet one should remember that in the period preceding this time, personal assets were significantly limited. Many people’s assets were repossessed by the state in nationalization or expropriation processes. Present regulations permit getting these assets back. This is possible in cases when the repossessed real estate was misused with the purpose of expropriation, or it became needless. Real estate is also reacquired via invalidation of administrative decisions or provisions of law. Real estate owners and their legal successors can apply to get back real estate. It is possible to get compensation for assets which cannot be taken back in actuality, which should correspond with the actual value of the lost rights. The level of compensation should be determined on the basis of real estate market value. This value is determined for the day the decision to determine compensation is issued, taking into account the state and purpose of the real estate on the day the document approving the repossession of the real estate was prepared. The authors present changes in law provisions connected with spatial planning in Poland from the year 1946, when the first decree connected with this topic entered into force, to this day. They describe documents kept in state archives which should be used by valuers. They also show, on the basis of examples, how important the correct determination of the intended use of real estate is, taking into account documents that have been created over the years.

Analysis of the Legal Methods of Agricultural Land Protection in Central Europe On the Example of Poland and Bulgaria

Abstract For the management of agricultural real properties to be effective, it is required that information about the natural conditions and the existing infrastructure supporting agricultural production, as well as knowledge of the regional traditions, be provided. The management itself should also be based on sound legislation. Due to the fact that agricultural real properties are subject to special legal protection, this article aimed to analyze and assess the methods of managing agricultural real property in the new EU member states on the example of Poland and Bulgaria. This objective was implemented by presenting the structure of agricultural land and the state of agriculture, describing the agrarian reforms, determining the current role of spatial planning and the binding regulations in the management of agricultural land resources, as well as a description of the current surveying procedures. Basing on the outlined comparative characteristics, SWOT/TOWS analysis was performed. The result of this comparative study is the highlighting of the problems and recommendations for the management of agricultural properties in Poland and Bulgaria.

Conditional Model of Real Estate Valuation for Land Located in Different Land Use Zones

Abstract* Real estate valuation is carried out correctly if it takes into account all the conditions occurring on a given market at the time of its performance. One of the important determinants of correct valuation is the proper determination of the land use class of the property being valued. It is equally important to find similar properties with the same land use classes as the property subjected to valuation. This does not pose a problem when a property is located within an area with one specific land use zone. If, however, its land use zoning is not homogeneous, finding similar properties may be difficult. If those contained in the database of comparable properties differ from the real estate being valued with regard to land uses of individual areas or proportions of areas with a specific use, it is suggested to divide transaction prices obtained for the whole property into components of those prices that correspond to the fragments of this property with specific land uses. In this paper, the conditional model has been used for this purpose.

Use of Unmanned Aerial Vehicles (UAVs) for Updating Farmland Cadastral Data in Areas Subject to Landslides

The purpose of this study was to verify the applicability of unmanned aerial vehicles (UAVs) to update cadastral records in areas affected by landslides. Its authors intended to compare the accuracy of coordinates determined using different UAV data processing methods for points which form the framework of a cadastral database, and to find out whether products obtained as a result of such UAV data processing are sufficient to define the extent of changes in the cadastral objects. To achieve this, an experiment was designed to take place at the site of a landslide. The entire photogrammetry mission was planned to cover an area of more than 70 ha. Given the steep grade of the site, the UAV was flown over each line at a different, individually preset altitude, such as to ensure consistent mean shooting distance (height above ground level), and thus, appropriate ground sample distance (GSD; pixel size). The results were analyzed in four variants, differing from each other in terms of the number of control points used and the method of their measurement. This allowed identification of the factors that affect surveying accuracy and the indication of the cadastral data updatable based on an UAV photogrammetric survey.

The Implementation of Spatial Planning Objects in a 3D Cadastral Model

The paper concerns spatial planning in Poland and its connection with the cadastre. The Polish spatial planning system defines the set of colours, lines, hatches, etc. destined for the preparations of spatial plans, though this has so far not been followed by a spatial planning model or application schema. The aim of this paper is to create a preliminary concept of the unified modelling language (UML) schema of database integrating 3D cadastre and 3D spatial planning. The authors initially define five unified modelling language classes representing spatial planning objects (four representing spatial objects and one a dictionary list). As spatial planning and cadastres are very strongly connected, these classes are implemented into a cadastral model that had been earlier enriched with 3D classes. The final results of this research are UML diagrams based on the Polish cadastral model as defined earlier in legal regulations. They comprise original cadastral model classes, 3D cadastral objects added in earlier research work, classes representing spatial planning objects and the relationships among them. Such a solution better connects cadastre and spatial planning on a structural level and introduces 3D elements into spatial planning which has basically been done in two dimensions.

Increase in the number of submitted maps for design purposes as a determinant of proper spatial planning policy

Abstract Spatial planning policy is to set objectives and means through which public administrative authorities intend to shape the development of a specific area. This policy is to lead to the most rational use of the human environment. It is supported by spatial planning which, using local land use plans, helps clarify the concept of spatial planning policy, and it is also actively involved in its implementation. Spatial planning may not, however, exist independently. It is clearly related to other areas, without which the implementation of the spatial planning policy would be impossible. Surveying and construction are those sectors which are undoubtedly related to spatial planning. Surveying studies determine the location of future objects defined in the planning processes, whereas these structures are implemented in investment processes. The above correlation suggests a conclusion regarding the possibility to use building processes, as well as the preceding surveying work, as the indicator of the correct implementation of the spatial planing policy. In order to verify whether the number and location of investments may be in fact associated with the general concept contained in the spatial planning policy, the analysis of the spatio-temporal distribution of surveying works initiating the construction processes was performed, i.e. maps for design purposes for the town of Niepołomice. The resulting cartographic studies were compared with graphic enclosures to the planning documents prepared for the area within the administrative boundaries of the town. The studies were performed for the years 2003-2015.

Administrative legal borders run along rivers: Granice administracyjne o charakterze prawnym prowadzone wzdłuż rzek

Presented in this article is the problem of administrative legal borders1, run along rivers, concerns essentially Polish conditions. Nevertheless, taking into account the aim of the article – a river, part of geographical space, being almost everywhere, one can assume that the article is universal to some extent. It means, that conclusions resulting from it can be applied also to other countries. Administrative borders are derived from cadastral boundaries. Yet, the majority of these boundaries were determined during establishing cadastre. It took place in the 70-ties of the last century. In turn, the determination of borders of Poland’s territory took place in various acts, issued by the Cabinet of Poland. It has only been done by including communes (being cadastral units at the same time) to bigger units of Poland’s territory division. The resulting conclusion is, that accurate determination of administrative border (as a series of coordinates of monuments of administrative line division), and especially this border which was determined by a river, is not possible because of lack of suitable documentation. For this reason, such a border is called “border according to real status in the eld”. It is not fully reliable and moreover not accurate. Thus, one should tend to such a situation that all revealed boundaries in cadastre will be “legal boundaries” that is such boundaries which have suitable documentation, which are reliable and properly accurate. Yet, ful lling such demand is especially di cult for these speci c cadastral boundaries which can’t be established in the eld. They are, rst of all, cadastral boundaries which have been determined along rivers, being at the same time administrative borders.