The public law nature of compensation claims for expropriation of real estate

Abstract

The qualification of compensation claims for expropriation of real estate to the public law sphere or the private law sphere raised many legal doubts in interwar Poland and has remained not fully resolved until the present date. This qualification is particularly relevant in view of the limitation period regarding the compensation claim. Under administrative law, contrary to the claims of a civil law character, there is no limitation of claims, unless the law provides otherwise.

In this article, some exemplary legislative acts that constitute the grounds for expropriation of real estate procedures and possible claims for compensation are analysed, starting from the law on expropriation proceedings contained in the ordinance of 1934, through post-war decrees
and amendments, to the Act on Property Management currently in force. Further, on the basis of the decisions delivered by common courts and administrative courts as well as opinions of high standing legal scholars, the author attempts to justify his stance on the public law nature of compensation claims for expropriation of real estate.