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  1. 1 Rejent

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  1. 1 Habdas M.

  2. 1 Konowalczuk J.

  3. 1 Kucharska-Stasiak E.

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  1. 1 2022

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Stygmatyzacja nieruchomości w otoczeniu lotnisk a syndrom Yeti przy ustalaniu odszkodowań

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Habdas M., Kucharska-Stasiak E., Konowalczuk J.
Rejent
|
2022
|
issue 11 (379)
9-49
EN
The purpose of this paper is to show that the public intervention consisting of establishing a restricted use area (RUA) is implemented with a systemic error at the stage of assessing compensation. The source of the error is a faulty interpretation of the law performed by the judges with the mistake being perpetuated by a mostly incorrect application of the economic concept of stigmatization. The analysed methodological matters have been illustrated by judgments and data from court documents of cases regarding RUA compensation disputes of five largest civil regional airports in Poland. Expert witnesses are provoked to prepare opinions that require them to make individual interpretations of law and to apply valuation methodology focused on searching for a justification of lower market prices within a RUA. This is performed with either no or faulty conceptualization of the differential method. Instead of assessing an objective diminution of value caused by an administrative restriction of ownership, a difference in values derived from the conditions in which the market functions are shown by the expert witness. The boundaries of the market are delimited in a manner allowing to prove damage (loss), which is then additionally explained by the notion of stigmatization. It is recommended that judges resort to experts opinions only after they have correctly interpreted the law and have completed all activities necessary to ascertain the factual and legal state of the immovable in question. In particular, this includes identifying the introduced restrictions on the use of land. Regarding expert witnesses it is suggested that they prepare opinions strictly within their competencies and formal certification, abstaining from activities reserved for the court or for scientific research.
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