scholarly journals DEVELOPMENT OF A REAL PROPERTY MANAGEMENT STRATEGY AIMED AT MAXIMIZING VALUE

2021 ◽  
Vol 7 (1) ◽  
pp. 105-112
Author(s):  
Lesіa Chubuk ◽  
Keyword(s):  
Management Strategy ◽  
Property Management ◽  
Real Property

scholarly journals PUBLIC SECTOR PROPERTY MANAGEMENT REFORM TO ENHANCE THE ECONOMIC DEVELOPMENT: CROATIA AND BOSNIA AND HERZEGOVINA CURRENT STATE AND INTERNATIONAL PERSPECTIVES

2017 ◽  
pp. 436-461
Keyword(s):  
Economic Development ◽  
Public Sector ◽  
Bosnia And Herzegovina ◽  
Asset Management ◽  
Financial Management ◽  
Property Management ◽  
Real Property ◽  
Management Reform ◽  
The Public ◽  
Current State

Property asset management can be defined as the process of decision – making and implementation relating to the acquisition, use, and disposition of real property. This definition applies to both the private and public sectors, even though in the government sector, the term itself was not in common usage until recently. Over last two decades, however, a new discipline has emerged that looks more critically at the important component of public wealth and seeks to apply standards of economic efficiency and effective organizational and resource management. Public sector property management has been regarded as a structured process that seeks to ensure best value for money in serving the strategic public sector needs and enhancing the economic development and competitiveness. There are governments that are only beginning to seek improvements in the management of publicly owned property with a goal of putting into use various types of government asset items, under the supervision of professional management, with a view to ensuring quality public services and welfare to the citizens, governments that have just recently embarked in the long term financial management reforms and strategic public sector property management reform in particular, and governments called “advanced reformers” offering their conceptual and valuable practical experience in the sphere of public property management. Starting from the concept that public authorities have to be fully accountable to the public and that the whole of government assets need and can be effectively managed, and widely accepted thesis that effective government asset management is a very important generator for creating a supportive entrepreneurial environment, and raising the competitiveness of the entire economy, in this paper we analyse the drivers of international property management reforms in the public sector and provide a comment on public sector property management in developed countries and (post) transition countries. Then we analyse the characteristics of commenced public sector property management reform in Croatia which may be considered as challenges ahead of Bosnia and Herzegovina authorities in structuring their national public sector property management reform, given the current state of play.

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part II)

2021 ◽  
Vol III (III) ◽  
pp. 149-174
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Property Management ◽  
Real Property ◽  
Substantial Impact ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Courts ◽  
Special Rules

Adoption of the Act on Special Rules of Eliminating the Legal Effects of Reprivatisation Decisions Relating to Real Properties in Warsaw, Issued in Violation of Law had a substantial impact on the directions of development of administrative courts’ jurisprudence in recent years. New legal provisions and solutions have provided an impetus for administrative courts to set directions for applying the law in the area of reprivatisation of Warsaw real properties. Some of its fundamental issues are those that involve determining the meaning of the premise of possession, laid down in Article 7(1) of the Warsaw Decree, as the positive condition for filing the restitution application and applying for compensation for land expropriated pursuant to Article 215(1) of the Act on Real Property Management.

Constitutional nature and content of the right to restitution of an expropriated property

2020 ◽  
Vol IV (IV) ◽  
pp. 20-34
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Public Investment ◽  
Property Management ◽  
Real Property ◽  
Expiry Date ◽  
The Real ◽  
The Public ◽  
Constitutional Principle ◽  
Public Purpose ◽  
The Moment ◽  
The Right

The Act of 4 April 2019 on amending the Act on Real Property Management added a provision temporarily limiting the possibility of demanding restitution of the expropriated property. On the basis of the new provision, the right of the previous owner or its legal successors to restitute the expropriated property has ceased to be of perpetual nature. This right may not be exercised, as it previously was the case, at any time, as it expires 20 years from the date on which the decision to expropriate became final. This solution should be assessed negatively, as it deepens the non-constitutional nature of the statutory mechanism of restitution of expropriated real property, which makes the demand for restitution dependent on whether the public objective has been assumed (i.e. started to be implemented). If this is the case, then, in the light of the Real Property Management Act of 1997, the restitution of real property can never be claimed, and therefore even if such an objective in the future ceases to be implemented (e.g. as a result of the end of the operation of the real property as part of a public investment). However, in the light of the constitutional arrangements relating to the guarantee of ownership, the right to restitution of the expropriated property should always be vested in the expropriated owner or his/her legal successors whenever the public objective justifying the expropriation has not arisen as well as when it ceased to be implemented. In any event, the condition for claiming restitution shall be a claim made by the person concerned and a return of an appropriate, indexed sum paid as compensation for expropriation. The constitutional principle of the protection of individual status of property of the owner results in the “conditionality” of the transfer of ownership by way of expropriation to the State or another entity. Any existence and implementation of an appropriate objective justifying the expropriation for a public purpose, grants of the ownership and its permanence on the part of these entities. As a consequence, also the possible expiry date of the claim for the restitution of the property, expropriated after the expiry of the public purpose, should run from the time of such expiry and not from the moment when the decision about expropriation became final.

Issues regarding the effective municipal real property management: the question of classification criteria with a case study in Romania

2014 ◽  
Vol 13 (2/3/4) ◽  
pp. 308 ◽  
Author(s):  
Daniela Luminita Constantin ◽  
Marius Profiroiu ◽  
Mariana Dragusin ◽  
Constantin Mitrut ◽  
Alina Elena Iosif ◽  
...  
Keyword(s):  
Classification Criteria ◽  
Property Management ◽  
Real Property

scholarly journals Information on the Environment and its Protection in Real Property Management

2014 ◽  
Vol 22 (3) ◽  
pp. 93-103
Author(s):  
Małgorzata Dudzińska ◽  
Katarzyna Kocur-Bera
Keyword(s):  
Environmental Protection ◽  
Incomplete Data ◽  
National Park ◽  
Nature Reserve ◽  
Environmental Issues ◽  
Database Systems ◽  
Property Management ◽  
Agricultural Activities ◽  
Real Property ◽  
High Level

Abstract Environmental protection regulations influence the use of real property. Land located within the borders of a national park or nature reserve is subject to partial or total restriction on development by construction, as well as, amongst others, business, trade, manufacturing or agricultural activities. Such areas are also subject to landscape protection, whereby real development by construction is possible, but only under the condition that it does not clash with the landscape values of the area. Therefore, real property management in such areas requires careful coordination with the relevant legislation concerning environmental protection. While it is currently possible to obtain such information from existing environmental protection databases and systems, this has practical problems owing to the large amount of them and their scattered locations. Additionally, as each institution involved in environmental issues has collected material independently, there is a high level of data repetition as well as incomplete data. Such problems make it difficult to make full use of the database systems. A lack of communication and reference between these databases and systems can create confusion. Comparative data on the same subject often differs depending on the source (as concerns graphic presentation and, much less frequently, data attributes). For example, the course of the same river differs depending on which data resources are used (NAŁĘCZ 2007). There are several hundreds of databases and registers maintained in Poland, with almost 300 databases and registers controlled by the Ministry of Environment. Almost 60 such databases can be found in public administrative bodies alone. A portion of the data regarding this topic is openly available on the Internet. The aim of the paper is to present the existing information systems concerning environmental protection. The paper will also examine data obtained from these resources, as well as their availability and connections with real property management activities.

Notice of adjustment of the annual fee for perpetual usufruct of real property

2021 ◽  
Vol IV (IV) ◽  
pp. 49-76
Author(s):  
Krzysztof Kaszubowski
Keyword(s):  
Public Administration ◽  
Civil Code ◽  
Property Management ◽  
Real Property ◽  
The Real ◽  
Property Owner ◽  
Characteristic Features ◽  
Legal Consequences

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.

scholarly journals ENHANCING ASSET MANAGEMENT THROUGH A BETTER UNDERSTANDING OF ENERGY CONSUMPTION

2014 ◽  
Vol 18 (3) ◽  
pp. 253-264
Author(s):  
James S. Griffin ◽  
Alfred E. Thal, Jr. ◽  
Sonia E. Leach
Keyword(s):  
Energy Consumption ◽  
Asset Management ◽  
Management Strategy ◽  
Systems Approach ◽  
Meteorological Data ◽  
Cooling Load ◽  
Real Property ◽  
Factors Affecting ◽  
Heating Load ◽  
Energy Conservation Measures

Asset management is a systems approach to managing an organization's portfolio of real property assets. Although a range of activities exist to help manage these assets, understanding facility energy consumption is a critical component from a life-cycle decision-making perspective. Since energy consumption is a national concern for most countries, this has resulted in various initiatives regarding energy conservation measures. To better understand the factors affecting energy consumption in facilities, energy and meteorological data covering 22 years were collected for 74 sites located throughout the world. A regression model with an adjusted R2 value of 81% was subsequently developed to predict energy consumption for each site. Additionally, using trend analysis, we found that the amount of energy used to meet heating load requirements was much greater than the amount used to meet cooling load requirements. The insight gained through the research can help facility managers develop energy initiatives as part of their overall asset management strategy.

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