Planning documents as a premise for expropriation in the light of judicial and administrative case law

Abstract

The article presents the issue of expropriation as an example of state interference in the sphere of property rights. It answers the question whether planning documents are a necessary prerequisite for expropriation of property. The aim of this article is to show, in the light of selected judicial and administrative case law, that a local spatial development plan and a decision on the location of a public purpose investment are necessary documents for the expropriation of real estate in the process of acquiring real estate for the realisation of public purposes under the procedure provided for in the Real Estate Management Act.