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Podział kompetencji między jednostkami samorządu terytorialnego w zakresie planowania i zagospodarowania przestrzennego

100%
Jagoda J.
Studia Iuridica Agraria
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2017
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vol. Studia Iuridica Agraria, 2017, tom XV
EN
The division of planning tasks as regards spatial development among the local government units is defined by the act of the 27th of March 2003 on planning and spatial development. Pursuant to article 3 of this act, the scope of the commune’s own tasks shall comprise shaping and conducting spatial policy located within the commune, including the resolution of the study of determinants and the directions of spatial development and local plans of spatial development (except for internal maritime waters, territorial sea waters and exclusive economic zone and closed territories). On the other hand, the scope of the county self-government tasks shall comprise conducting, within the bounds of its ratione materiae competence, the analyses and studies of spatial development regarding the county area and the issues of its development. Shaping and conducting spatial policy within the area of metropolitan union (metropolitan area) belongs to the tasks of the metropolitan union if such a union was created. However, in a province spatial policy is shaped and conducted by the province self-government, whose tasks comprise the resolution of the spatial development plan of the province.
2
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Prawo zabudowy a planowanie i zagospodarowanie przestrzenne

100%
Dolnicki B.
Studia Iuridica Agraria
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2017
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vol. Studia Iuridica Agraria, 2017, tom XV
EN
The principle of freedom of construction is considered as a fundamental rule in the Polish Construction Law. In the search for its prescriptive basis, reference should be made primarily to the provisions of the Basic Law. The Polish Constitution does not include such terms as „freedom of construction” and “right to build-up a plot” arising under it. The lack of literal references to the abovementioned terms does not prejudge the intentions of the legislator to ensure the protection of freedom of construction by law. The local spatial development plan, which serves as an act of local legislation, affects primarily the exercise of proprietary rights. Limitation on the right to buildup a plot is evident mainly in the prohibition of land-use by the owners in a manner that conflicts with the agreed spatial development plan. The limits of the planning authority in the context of guaranteeing the safeguarding.
3
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Aspekty przestrzenne kształtowania ustroju rolnego

88%
Wierzbowski B.
Studia Iuridica Agraria
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2016
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vol. 14
29-45
EN
The article presents the relations between the legislator’s activities aimed at the formation of the agricultural system structure and the instruments for the planning and spatial development of rural areas. The agricultural system may be defined as a set of internal and external legal, economic and social relations concerning the operation of agricultural farms. Among the external relations, an essential role is played by the relations resulting from the spatial situation of agricultural farms, directly associated with the use of land and other natural resources. During the interwar period these relations were structured correctly in both the constitution and statutory law. The structure of rural space was formed with due account of the interests of not only farmers, but also other users of the space, as well as the developmental needs of urban settlements. These relations were considerably disturbed during the communist era because of the concept of agriculture socialisation, which left a permanent mark on rural space. Liberalisation of agricultural property trading as of 1 October 1990 and unavailability of appropriate instruments in planning and spatial development laws supported the harmful phenomenon of rural space being used for non-agricultural purposes. Rural space shrank against the principle of sustainable development. The amendment of the Agricultural System Structure Formation Act, made on 14 April 2016, is an opportunity to bring back the proper relations between formation of the agricultural system structure and formation of the rural space structure.
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