Compensation for Expropriation: The Case Law

Mendelson, Maurice

doi:10.2307/2201711

Cited by 22 publications

(2 citation statements)

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“…Therefore, when determining the value of real estate that is the basis for determining compensation, the valuer must take into account both, the state and intended use of the real estate on the day the owner was actually deprived of his/her rights to it. This problem is well-known in practice and very often reported in literature, for example (MENDELSON 1985;MULLER 1981;NOSAL 2001;SCHACHTER 1984;ŚLIWIŃSKI 2011;TREMBECKA, KWARTNIK-PRUC 2010;ŹRÓBEK, WALACIK 2008;. One can also find works dealing with lost profits (FILIPIAK 2007a;FILIPIAK 2007b;WALACIK 2011).…”

Section: Introductionmentioning

confidence: 93%

Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

Adamczyk

Bieda

2015

Real Estate Management and Valuation

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Constitutional transformation in Poland, which took place at the turn of the eighties and nineties of the past century, was directed, among others, at creating a civil society and a free market. Changes in people's mentality quickly brought about economic changes based on the concept of private ownership. Yet one should remember that in the period preceding this time, personal assets were significantly limited. Many people's assets were repossessed by the state in nationalization or expropriation processes.Present regulations permit getting these assets back. This is possible in cases when the repossessed real estate was misused with the purpose of expropriation, or it became needless. Real estate is also reacquired via invalidation of administrative decisions or provisions of law. Real estate owners and their legal successors can apply to get back real estate. It is possible to get compensation for assets which cannot be taken back in actuality, which should correspond with the actual value of the lost rights. The level of compensation should be determined on the basis of real estate market value. This value is determined for the day the decision to determine compensation is issued, taking into account the state and purpose of the real estate on the day the document approving the repossession of the real estate was prepared.The authors present changes in law provisions connected with spatial planning in Poland from the year 1946, when the first decree connected with this topic entered into force, to this day. They describe documents kept in state archives which should be used by valuers. They also show, on the basis of examples, how important the correct determination of the intended use of real estate is, taking into account documents that have been created over the years.

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Section: Introductionmentioning

confidence: 93%

Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

Adamczyk

Bieda

2015

Real Estate Management and Valuation

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“…157 Indeed, it is clear from the practice of international courts and tribunals that this is the position customary international law has taken since at least the 1920s. 158 Given the openness of the common law to the obligations of the UK under general international law, and the fact that the customary international law of human rights remains largely unexplored in this context, there is a rich vein to be mined by the UK courts as they "take account of those obligations in the development of the common law". 159…”

Section: B Common Law Rights More Easily Than Convention Rights Gimentioning

confidence: 99%

Common Law Rights: Balancing Domestic and International Exigencies

Bjorge¹

2016

C.L.J.

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The protection of human rights through common law principles and values has a greater potential than has been recognised hitherto. First, the adoption at common law of the proportionality test of interferences with rights shows that, when human rights are at issue, the courts will apply an exigent test, allowing interferences only if, amongst other things, a less intrusive measure could not have been used. Secondly, the principle of legality, along with common law constitutionalism as developed recently by the Supreme Court, now means that there is a common law pendant to the rule in s. 3(1) of the Human Rights Act 1998. Thirdly, in cases where the protection offered by the Act is displaced by obligations under the Charter of the United Nations, there is no displacement of common law rights, which continue to operate. Fourthly, common law rights are more open to the influences of the customary international law of human rights than are Convention rights. These factors combine to mean that the future of common law rights is an auspicious one.

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Protection of Legitimate Expectations in Investment Treaty Arbitration

Wongkaew¹

2019

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Compensation for Expropriation: The Case Law

Cited by 22 publications

References 0 publications

Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

Intended Use of Real Estate as a Time Changeable Attribute for Determining Compensation for Nationalized and Expropriated Lands

Common Law Rights: Balancing Domestic and International Exigencies

Protection of Legitimate Expectations in Investment Treaty Arbitration

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