Marcin Tomecki
Taking of Evidence in the Form of a Valuer's Expert Opinion in Court Proceedings for the Compensation for Restrictions on Use of Land in the Light of the Public Intervention Made under Restricted Use Area (RUA) Resolutions - National Research Results
Purpose – The purpose of this article is to evaluate regularity of formulating evidence theses ordering expert opinion for the purpose of determining the compensation for value impairment of residential properties located in airport RUAs under Art. 129(2) in conjunction with Art. 135 ELA, in the context of the implemented state intervention as per appropriate RUA resolutions restricting the use of immovable properties.
Design/methodology/approach – This article contains considerations of theoretical nature, made in two areas: law and economy. Such considerations, as a whole, are summarized by the results of an empirical research carried out in the years: 2019-2020. The research was carried out for five national airports, namely: Gdańsk Airport (AP), Katowice AP, Cracow AP, Poznań AP, Warsaw AP. In the investigation, the case study method was used. For the purpose of empirical research, national airports provided documentation for 33 court proceedings, covering, among others, the total of 49 evidentiary rulings. The investigation involved as well analysis of the provisions of Resolutions establishing restricted use areas for the examined airports.
Findings – The implemented research offers practical conclusions addressed to airports, courts adjudicating in compensation matters and valuers. The results of the conducted research point to mistakes made by the adjudicating panels in compensation matters for the value impairment of immovable properties located in airport RUAs as far as formulation of evidence theses for expert witnesses is concerned, consisting in non-indication or non-specification of the restriction of use in respect of a given immovable property as a part of the intervention implemented by the state, and allowing expert witness opinions in the lack of public intervention.
Keywords: restricted use area; RUA; evidence thesis; public intervention; restriction on use
JEL codes: K320, K110, D04
Article type: research article
CITATION (APA): Tomecki, M. (2021). Taking of Evidence in the Form of a Valuer's Expert Opinion in Court Proceedings for the Compensation for Restrictions on Use of Land in the Light of the Public Intervention Made under Restricted Use Area (RUA) Resolutions - National Research Resultst. World of Real Estate Journal, 117(3), 51-68. https://doi.org/10.14659/WOREJ.2021.117.04.
DOI: https://doi.org/10.14659/WOREJ.2021.117.04
