Konstytucyjne podstawy zwrotu wywłaszczonej nieruchomości

Abstrakt

The right to return of the expropriated real estate has been an institution of administrative law for several decades. After the entry into force of the Constitution of the Republic of Poland, it gained a constitutional basis. This basis is primarily provided by art. 21 which expresses the principle of ownership protection, however permitting expropriation, and art. 64 which formulates the right to protection of ownership and other property rights. The lack of a constitutional definition of expropriation caused that it was formulated in the jurisprudence of the Constitutional Tribunal. Its derivative is the right to return the property. This right imposes on the legislator the obligation to introduce regulations guaranteeing the return of real estate in a situation where the public purpose justifying the expropriation has not been realized. This right is not absolute. An acceptable restriction of the right to return the property may consist of a justified change of the public purpose or the need to protect the rights of third parties arising from the expropriated property.