Acquiring real estate for the construction of public roads by the current legal status

The practice proved, that the fundamental problems during the implementation of road investments were the issues of acquiring real estate for this purpose. On 18th October 2006 the law making amendments to the Law on Special Rules of Preparation and Implementation of Investments for National Roads [5] was passed, introducing radical changes in the preparation and implementation, including the purchase of real estate to build all the types of public roads. This allowed extending the law into self-government units implementing the tasks using the funds from the European Union, which definitely speeds up the implementation of these tasks. The investment process was carried out in two stages. The first stage could be called localization. This ends with issuing the decision on the localization of the road, which replaced the acts occurring in a traditional investment process (acts referring to planning and spatial management e.g. plans of spatial management, decisions on the conditions of building, decisions on the localization of investments for public goals). The second stage involved issuing the decision on the permit to build. On 25th July 2008 another amendment to the 2003 Law was made to further simplify the procedure by making an integrated, one-stage procedure establishing all the conditions for carrying out road investments in one administrative decision. Instead of required so far two decisions – on the localization of road and the permit for the construction – one decision was introduced – the permit to make a road investment. Such a solution would simplify and accelerate the works connected with road investments.