Published: 2024-09-25

Between environmental protection and property protection in land management at the local level

Olga Sachanbińska-Dobrzyńska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.3.09

Abstract

The climate crisis has provided a basis for an in-depth discussion of effective solutions to protect the environment. However, emphasis in the legal discourse solely on the need to protect the environment may pose a risk of undercutting the importance of private property. It is therefore necessary to seek a legal framework for the objective and reliable control of the prohibitions and restrictions introduced by public administration bodies in this respect. This study is an attempt to answer the question on the conditions of and limits to interference by local environmental management instruments with property rights. It concerns both the legal and procedural aspects of the issue and presents the conditions determining the proportionality of infringements of property rights, the importance of the in dubio pro libertate and in dubio pro natura principles, as well as the legal problems associated with resolutions adopted by local councils to introduce new forms of nature protection and ecophysiographic studies. The article’s final section sums up my postulates for the amendments required to existing Polish legislation on the issue and the approach the courts should adopt in handing down decisions in such cases.

Keywords:

local spatial planning, forms of nature protection, property rights, environmental protection

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Sachanbińska-Dobrzyńska, O. (2024). Between environmental protection and property protection in land management at the local level. Zeszyty Prawnicze, 24(3), 165–188. https://doi.org/10.21697/zp.2024.24.3.09

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