Świat Nieruchomości 2020 nr 4 (114) - SPIS TREŚCI

Purpose - The aim of the paper is to present and compare the rules of resolving a neighbor conflict created by airport noise in the context of Dutch and Polish experiences.

Design/methodology/approach - We consider formally similar situations, because both countries utilize public intervention in an attempt to solve the conflict, however differences are visible at the level of its scope, implementation and performance. Research is focused on analyzing the structure of the considered public intervention in both countries in order to establish salient similarities and differences existent in the jurisdictions under comparison.

Findings - Descriptive studies are supplemented by particular examples of residential property markets near the largest airport in each country, namely Schiphol Airport in Amsterdam and Chopin Airport in Warsaw. Conducted studies include an assessment of the manner in which public intervention is factually implemented, which allows to formulate initial normative conclusions as to the achieved economic and environmental effects. These are different in both jurisdictions as they depend on the adopted legal solutions and the actual implementation of law.

Research limitations and research implications - We analyze compensating loss in the form of residential property value diminution as opposed to analyzing market prices in areas surrounding airports.  

Keywords:    public intervention; airport noise; residential property markets; Schiphol Airport, Chopin Airport;

JEL codes:    K11, K40, R3

Article type:    research article and case study

CITATION (APA): Habdas, M., Konowalczuk, J., & Sluysmans, J. (2020).Compensating Owners of Residential Properties Located Near Airports – a Comparative Perspective on the Netherlands and Poland. World of Real Estate Journal, 114(4), 5-32.

DOI:    https://doi.org/10.14659/WOREJ.2020.114.01.

Restricted use areas (hereinafter: RUA), as a form of intervention by public authorities, are presented as local law acts of special nature, capable of influencing both restrictions on the ownership right of a property and municipalities’ planning authority. The main research problem presented in this article is frequent overinterpretation of the provision of Art. 129 of the Environmental Law Act (ELA), offering the possibility to assert claims on account of restrictions to the ownership right. It turns out that residential property owners, against the RUA regime, strive to obtain compensation for their alleged loss. The discussed phenomenon is widespread despite the fact that out of eleven RUAs only in five cases restrictions were introduced to the residential function of already existing or newly designed objects. In the light of the above, the purpose of this article is to depict the problems of influence of the scope of the introduced restrictions concerning residential buildings located in the direct vicinity of airports on the possibility to obtain compensation under Art. 129 ELA. The analysis will cover also the impact of resolutions establishing RUAs on administrative powers and on the civil law institution of ownership. The author’s attention was also focused on demonstrating a direct impact of the relationships introduced in RUAs on the behaviour of participants in the real estate market. The research is conducted, among others, based on the legal dogmatic method and legal theoretical method.

Keywords:    restricted use area of an airport, local legislative act, state intervention in the real estate market, restrictions on housing development, airport noise, municipalities’ planning authority

JEL codes:    K110, K230, K250, K320

Article type:    research article

CITATION (APA):  Bryła, J. (2020). Resolutions Introducing Restricted Use Areas around Airports as Special Local Legislative Acts, Based on the Example of Restrictions on Residential Development. World of Real Estate Journal, 114(4), 33-58.

DOI:    https://doi.org/10.14659/WOREJ.2020.114.02.

This article presents the necessary theoretical grounds, results of analyses as well as observations and conclusions on the main tasks of an expert witness in evidentiary proceedings in civil matters. The purpose of the article is to identify the activities performed by expert witnesses, especially valuers and experts in the area of construction in compensation cases for value impairment of residential properties located in restricted use areas of Polish airports. The results of the analysis show that courts are shifting the burden of searching for the harmful factor to the expert witness although such expert witness may not replace the court or do the court’s job by suggesting specific conclusions or resolution of the case depending on the final findings of fact. The role of an expert witness is auxiliary to the judicial system in situations requiring specialist knowledge. Special attention is drawn to the American rule of evidence in respect of admissibility of an expert opinion (so called Daubert standard). The accompanying overview of academic literature indicates that relatively few studies have been devoted to the problem of so called private experts.

Keywords:    expert witness, expert opinion, restricted use area, Daubert standard

JEL codes:    K11, K15, K25

Article type:    research article

CITATION (APA):  Kamińska, K. (2020). The Role of an Expert Witness in Civil Procedure with Special Focus on Compensation Matters in Restricted Use Areas. World of Real Estate Journal, 114(4), 59-79.

DOI:    https://doi.org/10.14659/WOREJ.2020.114.03.

The purpose of this publication is critical evaluation of the formulation of evidence theses ordering an expert opinion from a valuer with a view to establishing compensation for the value impairment of residential properties located in airport RUAs under Art. 129(2) in conjunction with Art. 135 ELA, in the context of the adopted assumptions of the state intervention. The article contains considerations of theoretical nature, made in two areas: law and economy. The whole is summarized by the results of the empirical research carried out in the years: 2019-2020. The results point to defective practice of the adjudicating courts in compensation matters for value impairment of properties located in airport RUAs as regards the formulation of evidence theses for expert witnesses, which precludes implementation of the adopted purpose of state intervention, that is reduction of transaction costs in the property market.

The research was carried out for five national airports, namely: Gdańsk Airport (PL), Katowice AP, Cracow AP, Poznań AP, Warsaw AP, using the case study method. For the purpose of the research, the airports provided documentation for thirty-three court proceedings, covering, among others, the total of 49 evidentiary rulings.

The implemented research provides practical conclusions addressed to airports, courts adjudicating in compensation matters and valuers.

Keywords:    restricted use area; evidence thesis; formulation of evidence theses; expert opinion evidence; state intervention

JEL codes:    K320, K110, D04

Article type:    research article

CITATION (APA): Tomecki, M. (2020). Evaluating the Correctness of Evidence Theses Ordering an Expert Opinion from a Valuer in Compensation Proceedings Reagrding RUAs. World of Real Estate Journal, 114(4), 80-98. 

DOI:   https://doi.org/10.14659/WOREJ.2020.114.04.