Methodology of Determination of the Range of Restrictions Related to the Existence of Transmission Devices on Private Land—Case Study of Poland

Abstract

Transmission devices constitute a fundamental need. Moreover, the facilities introduce numerous restrictions on land, beginning with their actual permanent physical existence, through bans on construction and planting trees, to the possibility that the land is used by transmission companies (easement). In Poland, no legal provisions or coherent and uniform rules at the national level currently exist that would determine the range of execution of the easement right. This is confirmed by research performed by the authors. The first analysis covered legal acts as well as norms and technical guidelines for particular types of transmission infrastructure. The second study analysed was a survey conducted on a group of transmission companies representing different industries. The third study (supplementing the previous ones) concerned the analysis of two case studies in the scope of the discussed issue. The objective of this article was to develop a methodology for the determination of the scope of the easement right resulting from the existence of transmission devices on private land in Poland. The developed concept showed that the range should depend in particular on the type of land use in question. The model procedure proposed by the authors was developed in reference to environmental, social, and economic aspects, in accordance with the assumptions of sustainable land management.

Property sustainable value versus highest and best use analyzes

“…The core of the argument lies in the definition of sustainable local property markets based on precise defined indicators enables it analyzes. Sustainability involves much more than the “green” issue, and that when measuring such factors, we can create an added value for real estate analysis (Boulanger, 2007; de Vries & Voß, 2018; Gross & Wolny‐Kucińska, 2017; Kobylińska & Cellmer, 2019; Lyytimäki et al, 2020; McCord et al, 2018; Sajnóg, Sobolewska‐Mikulska, & Wójcik‐Leń, 2019; Trojanek, Gluszak, & Tanaś, 2018; Wójcik‐Leń, Sobolewska‐Mikulska, Sajnóg, & Leń, 2018).…”