International Conference “Environmental Engineering”, 10th International Conference „Environmental Engineering“

Font Size: 
RIGHT-OF-WAY FOR TRANSMISSION FACILITIES AS REGULATION OF LEGAL RELATIONSHIPS REGARDING REAL ESTATE BETWEEN THE REAL ESTATE OWNER AND THE TRANSMISSION ENTITY
Anna Przewięźlikowska

Last modified: 2017-09-28

Abstract


In Poland, after World War II, most of the technical infrastructure was built based on a construction permit,and without a legal title to a given real property. Therefore, a necessity arose for the regulation of property rightswhere technical infrastructure was built. For the establishment of the right-of-way for transmission facilities it is essentialto regulate the legal relationships between the owner of the real estate and the transmission entity and their entryinto the land and mortgage register. The extent of the granted right-of-way determines the value of considerationfor the owner of the encumbered property.

This study analyzes the rules for the determination, establishment and surveying preparation of the right-of-way forvarious types of transmission facilities. First a thorough examination of the legal status of the real property was requiredand then the extent of the necessary right-of-way to be established for the given facilities was analyzed. Thenext stage of the study involved determining the extent of the rights-of-way and appropriate protective zones for thenetworks pursuant to the relevant technical guidelines. The analysis revealed significant diversity of legal regulationson the establishment of the right-of-way for the specific types of public utilities.

 

DOI: https://doi.org/10.3846/enviro.2017.233


Full Text: PDF