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A few conclusions from Polish experience of transition in land management rules

A few conclusions from Polish experience of transition in land management rules. Marek Bryx Ph.D. Professor of the Warsaw School of Economics Director of the UN-Habitat Warsaw Office Nov 2001- Feb 2004 undersecretary of State responsible for spatial planning, housing, etc.

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A few conclusions from Polish experience of transition in land management rules

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  1. A few conclusions from Polish experience of transition in land management rules Marek Bryx Ph.D. Professor of the Warsaw School of Economics Director of the UN-Habitat Warsaw Office Nov 2001- Feb 2004 undersecretary of State responsible for spatial planning, housing, etc

  2. Land management in transition process The transformation process in Poland started officially on 1 January 1990, when first rights prepared by the new, first non-socialist, government and Parliamentcame into life. Geneva 29 Jan 2008, Prof. Marek Bryx

  3. The base of land management today • Constitution - the highest Parliamentary act • Parliamentary act on runningproperties economy • Parliamentary act on environmental protection • Parliamentary act on deeds • Parliamentary act on spatial planning - the most important one because it concerns procedures of development of built-up and urbanized areas • And a few other acts touching the problem (on agriculture, forests, banking system or heritage) Geneva 29 Jan 2008, Prof. Marek Bryx

  4. The constitution act guarantees • private ownership of properties • dispossess of private people from their property is possible only if the property is needed for public utilityinvestment . In that case owners should be paid by the public investor at real market value of their properties Geneva 29 Jan 2008, Prof. Marek Bryx

  5. Parliamentary act on runningproperties economy concerns • Rules of management of the state or commune properties • Methods of joining small private agricultural lands into one piece (or into a few). • Real estate market licenses • a property manager • a value estimator • a real estate agent Geneva 29 Jan 2008, Prof. Marek Bryx

  6. The parliamentary act on environmental protection as an element of land management Generally protects agricultural lands, forests, waters against: • different kind of pollution • wasting its destination And the document shows an investment influence on environment is always required Geneva 29 Jan 2008, Prof. Marek Bryx

  7. The parliamentary act on deeds as an element of land management • Electronic deeds have been introduced into the Polish deed system and all old deeds started to migrate from traditional (paper) to electronic version since 2004 • The real estate/investment market is more friendly now not only to every investor butalso to every person interested in it. Geneva 29 Jan 2008, Prof. Marek Bryx

  8. Spatial planning parliamentary act as a base of land management • The spatial planning system was changed by the Parliament in 1994 and the new law came into force on 1 January 1995. • It was a big step towards democracy in this field • The amendment to this act was enacted in 2003 but the principles of spatial planning are still the same. Geneva 29 Jan 2008, Prof. Marek Bryx

  9. The principles of spatial planning system in Poland introduced in 1995 • the local authority (commune) has been begun to make responsible for all decisions in planning and for procedure of planning in the commune area • the participation of local society in the planning procedure has been guaranteed • the hierarchic planning system from socialist times has been abolished Geneva 29 Jan 2008, Prof. Marek Bryx

  10. The first principle • In the procedure of preparing a plan every commune has been obliged to prepare two documents: • The spatial study of the commune that covers all the territories of commune. It decides on the assignment of different zones in the commune but in a general way. • The spatial plan for only those zones of the commune which were assigned for investment in the spatial study. The plan has to present more details and is a base for every investment in commune area. • Both documents have to be approved by the commune council representing the local society, but only the commune spatial plan has a status of local law. Geneva 29 Jan 2008, Prof. Marek Bryx

  11. The participation of local societyin the planning procedure introduced in 1995 • the citizens’ opinions are collected • The remarks and suggestions are put into the plan or unacceptable by the commune council • If somebody felt aggrieved by the plan it could appeal to the Court. It stopped implementation of the spatial plan. Waiting for a judge verdict takes a lot of time Geneva 29 Jan 2008, Prof. Marek Bryx

  12. The hierarchic planning system was abolished by the act from 1994 • There are no decisions on the central government level that are passed to local level to be implemented • The central plan is being built by cooperation and agreements on the level of a province • The 16 plans of provinces should be built as a sum-up of approved local plans Geneva 29 Jan 2008, Prof. Marek Bryx

  13. The fourth important rule in the law enacted in 1994 • Local authorities were given 2 years for preparing their plans • The deadline was prolonged for the next 2 years, and likewise prolong until the end of 2003 • It’s appeared that local authorities, elected every 3 years, are not interested too much in creating spatial plans for their commune if it is possible according to the law. Geneva 29 Jan 2008, Prof. Marek Bryx

  14. Main changes introduced to the spatial planning law by the amendment enacted in 2003 • Participation system – everybody feels aggrieved by the plan it can appeal about it to the Court, BUT it does not stop the procedure • Time for preparing spatial plans is not prolonged • Private properties reserved in the socialist times for public utility investment are restore to their owners or commune should pay them equivalent on market value Geneva 29 Jan 2008, Prof. Marek Bryx

  15. Dilemmas (1) • Spatial planning concerns our common welfare - there are not only ideals in the procedure but also conflicts of interests. • To create the appropriate balance between rights and duties of each of the sides involved in the planning procedure is the task of the central government and Parliament Geneva 29 Jan 2008, Prof. Marek Bryx

  16. Dilemmas (2) • There are still voices require some changes in the law, even a closure allows to punish local authorities if they have not enacted spatial plans. • If somebody treats such an idea seriously it means that the sense of local democracy is questioned. Geneva 29 Jan 2008, Prof. Marek Bryx

  17. Dilemmas (3) Participation of local societies in preparing spatial plans is still too small. Maybe is there a mistake in the procedure? People are asked their opinions when the first version of the plan is ready. Maybe some research should have been prepared earlier to check their opinion before the procedure started … Geneva 29 Jan 2008, Prof. Marek Bryx

  18. Dilemmas (4) • There are no instruments in the Spatial Planning Law that can urge the local commune to plan and invest in a few unpopular but important undertakings, as for example – garbage dump. • Probably, some economic encouragements should be added to the spatial planning law…. Geneva 29 Jan 2008, Prof. Marek Bryx

  19. Final conclusion (1) Creating a new law, new instruments for authorities requires extensive knowledge of: • all tasks of the new law • all divergent interests and balancing the above Geneva 29 Jan 2008, Prof. Marek Bryx

  20. Final conclusion (2) Poland in the European Union • As a member of EU Poland will • create its land management according to EU directives • implement all the resolution from Leipzig Charter. • But there is still a place to improve a law concerning city revitalization. • All those matters are inside the work plan of the Minister of Infrastructure and His Deputy responsible for spatial planning, city development, etc. Geneva 29 Jan 2008, Prof. Marek Bryx

  21. Thank you for your attention Geneva 29 Jan 2008, Prof. Marek Bryx

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