Forest road and public purpose investment
Date
2019-12-30
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Sciendo (De Gruyter)
Abstract
The functioning of forest districts in Poland should be based on their mutual cooperation with local authorities in order to achieve social interest, one of the examples of which is construction or reconstruction of roads. Due to the fact that achieving mutual investments encounter real legal problems arising from underspecified and unclear concepts, an assessment should be made of whether the construction and reconstruction of forest roads is a public purpose and also answer, what is a forest and forest road within the meaning of the provisions of the Act. It is necessary to present views of legal science and jurisdiction of administrative courts. The judicial direction of administrative courts is not beneficial for achieving investments; it does not even take into account that one of the investors’ purposes – forest districts – is nature management. Presenting the contrary argumentation to judicature positions should help courts make a proper assessment in the interpretation of provisions.
Description
© 2019 Ewa Katarzyna Czech, published by Sciendo. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License - https://creativecommons.org/licenses/by-nc-nd/3.0 . The Version of Scholarly Record of this Article is published in Folia Forestalia Polonica, Series A – Forestry, 2019, Vol. 61 (4), 278–283), available online at: https://sciendo.com/article/10.2478/ffp-2019-0027 . Keywords: forest; public roads; public purpose investment; public tasks; Europe; Poland.
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Citation
Czech, E. (2019). Forest road and public purpose investment. Folia Forestalia Polonica,61 (4) 278-283. https://doi.org/10.2478/ffp-2019-0027