Pre-emption Right to Land Under Inland Stagnant Waters Vested in the State Treasury

Abstract

The article deals with the issue of the pre-emption right for lands under inland stagnant waters. Its aim was, inter alia, to explain what inland standing waters are and when the State Treasury has the right of pre-emption. The study was conducted using the method of dogmatic analysis of legal acts and their linguistic interpretation. In the first part, the concept of inland standing waters is interpreted, using a literal interpretation of the law. It was found that the facts are the most important in determining whether there is inland water on the property. The following sections explain in which cases the State Treasury has a pre-emption right. The Author has concluded that the pre-emption right for real estate with inland standing waters is very wide as the State Treasury can execute it regardless of the size of the real estate and regardless of the size of the inland standing water area. The pre-emption right for real estate with inland standing waters may contribute to an increase in water resources as long as the State Treasury has financial resources to exercise this right.