The municipality’s monetary claim for failure to transfer ownership of premises or buildings in accordance with the requirements established under the “premises-for-land” settlement and its protection
On 1 April 2021, the Act of 16 December 2020 on the disposal of real estate with “premises-for-land” settlement has entered into force. It enables municipalities (and, as of 10 August 2022, also counties) managing a real estate resource to take advantage of a possibility to settle the price of a dis...
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| Format: | Article |
| Language: | English |
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Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
2022-12-01
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| Series: | Prawo Budżetowe Państwa i Samorządu |
| Subjects: | |
| Online Access: | https://apcz.umk.pl/PBPS/article/view/42335/35507 |
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| Summary: | On 1 April 2021, the Act of 16 December 2020 on the disposal of real estate with “premises-for-land” settlement has entered into force. It enables municipalities (and, as of 10 August 2022, also counties) managing a real estate resource to take advantage of a possibility to settle the price of a disposed land property not only with a monetary consideration and to transfer certain number of premises or developed land properties to the former owner in a rather innovative manner. This article focuses on how to determine the value to be offset and the risks involved which in the event of the investor’s failure to fulfil his obligation to transfer ownership of the premises or built-up property becomes a monetary claim owed to the municipality that is protected in a special way. In this case, the provisions of the Act point to the specific manner of determining the amount of the claim due to the entitled municipality, but also refer to the primary means of disciplining the debtor (investor) in its proper performance in the form of an obligation to pay a monetary sum representing 150% of the price of the real estate which ownership the investor has undertaken to transfer to the municipality under the “premises for land” settlement. |
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| ISSN: | 2300-9853 2353-7086 |