Offering of a municipal real property as a result of the enactment or amendment of the local master plan (in the context of assumption of the rational legislator)

Abstract

The aim of this publication is to provide an analysis of the main aspects of offering a municipal real property as a consequence of the enactment or amendment of the local master plan. Firstly, the author describes the regulatory changes in regard to the compensation mechanism intertwined with the rule-making actions of the municipality. Subsequently, the author analyses the mutual relations of the constitutional protection of the ownership and provisions of the Act on Spatial Planning and Development of 27th March 2003. This paper describes the most significant elements of the property exchange procedure, taking into account the context of the rational legislator.