scholarly journals The expropriation of ownership for building a public road - procedure – compensation

2019 ◽  
Vol 2019 (8) ◽  
pp. 33-42
Author(s):  
Iwona Wrześniak
Keyword(s):  
Real Estate ◽  
Market Value ◽  
Public Utilities ◽  
The Road ◽  
Public Road ◽  
Cash Payment ◽  
One Step ◽  
Special Rules ◽  
Compensation Function ◽  
Public Entity

The procedure for expropriation of the property is based on the removal of the ownership right of the current owner to benefit the overall public which is usually the construction of public utilities, e.g. roads. The justification for expropriation is based on the permission to carry out a road investment, which has legal-property (material) effects – the power of the law itself transfers ownership to a public entity: the State or a local government unit, therefore, it is the most extensive interference in ownership relations. The Act of 10 April 2003 dealing with special rules for the preparation and implementation of investments of public roads introduces a simplified, one-step expropriation procedure aimed at accelerating and streamlining the implementation of road investments in Poland. Expropriation is possible only when just compensation is paid. In order to determine the amount of compensation, it is necessary to assess the market value of a given (concreto) property. The compensation entitlement for the withdrawal of the property right does not become time-barred, thus, the party to expropriation proceedings may demand it at any time. The compensation function is implemented by granting the holder usually a cash payment for the expropriation of real estate on which the road will be built. Keywords: Expropriation of real estate; Compensation; Special purpose Road Act

Division of real estate upon request and the return obligation under Article 136(1) of the Act on the Real Property Management: a few remarks in the context of counteracting the so-called “land freezing” versus the principle of loyalty

2021 ◽  
Vol I (I) ◽  
pp. 47-62
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Investment Project ◽  
Property Management ◽  
Private Land ◽  
Real Property ◽  
The Public ◽  
Public Purpose ◽  
Public Road ◽  
The One ◽  
Public Entity

Division of real estate by application is still not properly recognised in the jurisprudence of administrative courts. On the one hand, this is manifested in the fact that, although it results in the takeover of private land for the benefit of a public entity for the purpose of building or extending public roads, this decision is not recognised as being expropriation. One of the most important consequences of denying to recognise this division as one of the forms of expropriation is that it is not subject to the return obligation, even if the public-purpose investment project, i.e. the construction of a public road, was not completed within 10 years of the takeover. It should be added that the lack of actions on the part of the commune to acquire such land leads to an adverse phenomenon which is referred to as “freezing the land”. On the other hand, it is argued that the division decision has no features of authoritative and compulsory acquisition of the title to real property by the commune. The above views are subject to criticism given inter alia that they fail to take into account that the spatial planning acts, in particular the local spatial development plan, play a prognostic role in relation to expropriation acts. The study presents the thesis that, were the premise of the public purpose be rejected, then regardless of the form of takeover of the title to real property by a public entity, the obligation to return this property to the former owner or its legal successors arises.

scholarly journals The Value Of Cre In The Formulation And Implementation Process Of Real Estate Strategies In A Company

2014 ◽  
Vol 22 (1) ◽  
pp. 58-68
Author(s):  
Jan Konowalczuk ◽  
Tomasz Ramian
Keyword(s):  
Real Estate ◽  
Market Share ◽  
Property Values ◽  
Implementation Process ◽  
Market Value ◽  
Development Projects ◽  
Property Value ◽  
Different Types ◽  
A Company

Abstract One of the fundamental ways in which an advantage over competitors can be gained in business is to develop real estate portfolios in such a way that will lead to an increase in market share and value for shareholders. This serves as justification for the formulation and implementation of specific real estate strategies regarding the best manner in which to use CRE, make decisions regarding restructuring, and carry out necessary development projects, taking into account the criteria of: location, time, and procurement options. This paper presents the formulation and realization of real estate strategies, focusing on the use of the category of property value. Moreover, the authors formulate a possible classification of CRE, which is useful from the perspective of real estate strategies, in addition to identifying and evaluating different types of property values which can be used for real estate strategies. For the majority of operational properties, these categories differ from market value. The last part of the publication provides a reference of selected valuation methods used to determine the value of CRE in the context of formulating and implementing real estate strategies.

scholarly journals Improving the Efficiency of the Regional Road Services – Middle Euphrates Region

2020 ◽  
Vol 55 (1) ◽  
Author(s):  
Nada Mohammed Abid
Keyword(s):  
Research Problem ◽  
Level Of Service ◽  
Passenger Vehicle ◽  
Spatial Allocation ◽  
The Public ◽  
The Road ◽  
Road Users ◽  
Public Road ◽  
Basic Services ◽  
The Subject

Services are one of the important indicators that reflect the welfare of the society and its development. Due to the increase in various means of transport and the increase in internal and external traffic, the provision of basic services for the regional road users has become a necessity that should be studied in a thorough and accurate manner to reach the appropriate mechanism for the spatial allocation of these services. The research problem lies in the lack of interest in the optimal spatial allocation of the public road services because of the overlap between the powers and authority of the municipalities and the directorates of roads and bridges preventing to study the subject comprehensively. In addition, there is a lack of roads in general and regional roads in particular for service stations and passenger vehicle stopping spaces, with standard specifications. Therefore, this research is aimed at identifying the sufficiency of spatial allocation of regional road services and studying the current situation of these services, analyzing the efficiency of these services and finding the shortage. We also set plans and strategies to develop the level of services and invest in a manner that achieves the required sufficiency. Furthermore, some research hypotheses were set: the sufficiency of the spatial allocation of the public road services in the regional roads improves the road level of service by identifying a set of factors that directly affect this sufficiency.

scholarly journals Civil Engineering Inspection for Real Estate Evaluation with the Use of Artificial Learning Algorithms and Fuzzy Logic

2020 ◽  
Vol 43 (338) ◽  
pp. 75-82
Author(s):  
Vladimir Surgelas ◽  
Irina Arhipova ◽  
Vivita Pukite
Keyword(s):  
Artificial Intelligence ◽  
Fuzzy Logic ◽  
Real Estate ◽  
Civil Engineering ◽  
Market Value ◽  
The State ◽  
The Real ◽  
The Real Estate ◽  
Technical Inspection ◽  
Physical Conditions

AbstractThe technical inspection of a building carried out by an expert in civil engineering can identify and classify the physical conditions of the real estate; this generates relevant information for the protection and safety of users. Given the real conditions of the property, and for the real estate valuation universe, using artificial intelligence and fuzzy logic, it is possible to obtain the market price associated with the physical conditions of the building. The objective of this experiment is to develop a property evaluation model using a civil engineering inspection form associated with artificial intelligence, and fuzzy logic, and also compare with market value to verify the applicability of this inspection form. Therefore, the methodology used is based on technical inspection of civil engineering regarding the state of conservation of properties according to the model used in Portugal and adapted to the reality of Latvia. Artificial intelligence is applied after obtaining data from that report. From this, association rules are obtained, which are used in the diffuse logic to obtain the price of the apartment per square meter, and for comparison with the market value. For this purpose, 48 samples of residential apartments located in the city of Jelgava in Latvia are used, with an inspection carried out from October to December 2019. The main result is the 9% error metric, which demonstrates the possibility of applying the method proposed in this experiment. Thus, for each apartment sample consulted, it resulted in the state of conservation and a market value associated.

THE EFFECTIVENESS OF REGIONAL REGULATION NO. 4 OF 2012 ON PUBLIC SERVICE LEVIES IN THE FRAMEWORK ORDER CREATING TRAFFIC ON THE ROAD SURYAKENCANA CITY OF BOGOR

2015 ◽  
Vol 1 (2) ◽  
pp. 141-155
Author(s):  
Mul Yadi ◽  
Harry Rudyantoro ◽  
Ujang Bahar
Keyword(s):  
The Road ◽  
Positive Law ◽  
Road Users ◽  
Public Road ◽  
The People ◽  
Parking Lot ◽  
The Government ◽  
On The Road ◽  
Legal Discovery ◽  
The City

ABSTRACT  Related to the implementation of the Regional Regulation (Perda) about the increase in parking rates at the edge of the road prone to congestion in the city of Bogor ratified and entered into force on July 2, 2012, The first location that imposed this tariff is the Way Suryakencana and Jalan Siliwangi Bogor and the second location is the application of The Government through the Department trials Traffic Transportation (DLLAJ) Bogor City gets a reaction from the people around Jalan Suryakencana. Enactment of the increase in parking rates at Jalan Bogor Suryakencana expected to reduce illegal parking of vehicles in the area, which has been causing congestion. With parking rates that have been enacted many road users who park their vehicles in multiple and indiscriminate. The method used in this study is empirical juridical approach. The study, based on an inventory of positive law, the discovery of the principles of law and legal discovery inconcretto, which include observation of empirical operationalization of law in society. The conclusion from this study is the basis of the application of the levy Parking Services Bank Public Road, especially in the city of Bogor is Law No. 28 of 2009 on Regional Taxes and Levies and Regional Regulation No. 4 of 2012. Implementation of Regional Regulation No. 4 of 2012 on Increase Rates Parking is not yet fully effective this is due to high payments also has not been matched with adequate services, the responsibility for the damage and loss still be a burden for the owner of the vehicle so that the functions and responsibilities of the government that deal with parking problems is questionable. Impact parking tariff policy to demand that any increase in the parking rate of 10 percent would result in a decrease in the use of parking of 0.7 -0.8 percent, increase use of public transport and cycling amounted to 3.71 percent of 0.9 percent. This figure is even greater in the short term, when applied can lead to a new increase in the elasticity to be about - 0.28., Where the parking lot reducing the length of parking time and reduce the amount of parking.  Keywords: Regional Regulation, Rates Parking, Traffic Order

Sign in / Sign up

Export Citation Format

Share Document