Published: 2026-02-10

Liability in environmental law – selected comments based on the example of liability for damages for restrictions on property rights in connection with the establishment of a restricted use area

Mariusz Baran Logo ORCID

Abstract

The article contains an analysis of the model of liability for damages for lawful administrative actions, using the example of liability for establishing a restricted use area (RUA). The considerations aim to answer the question of whether its scope covers only changes caused by specific provisions of the resolution on the establishment of an RUA, or whether liability for damages is justified by the mere inclusion of the property within the boundaries of that area. In order to ­determine the nature and scope of liability for restrictions on property rights in connection with the establishment of an RUA and to critically assess the relevant case law of the Supreme Court, the
author discusses the specificity of environmental law, the relationship between liability in this law and other areas of law, the purpose of creating a restricted use area as an environmental protection institution, as well as the forms of restriction on the use of real estate. He then analyzes the model of liability for damages arising from the establishment of an RUA and the impact of its creation on the property rights of real estate within the boundaries of that area.

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Baran, M. (2026). Liability in environmental law – selected comments based on the example of liability for damages for restrictions on property rights in connection with the establishment of a restricted use area. Prawne Problemy Górnictwa I Ochrony Środowiska, 1–39. https://doi.org/10.31261/PPGOS.2026.01.04

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Domyślna okładka

2026
Published: 2021-06-25


eISSN: 2451-3431
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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