Forest road and public purpose investment

Autorzy

• Ewa Katarzyna Czech University of Bialystok, Faculty of Law, Department of Administrative Law, Institute of Environmental Protection and Science of Public Administration
  Białystok, Poland
  e-mail: e.czech@uwb.edu.pl

Abstract

The functioning of forest districts in Poland should be based on their mutual cooperation with local authorities in order to achieve social interest, one of the examples of which is construction or reconstruction of roads. Due to the fact that achieving mutual investments encounter real legal problems arising from underspecified and unclear concepts, an assessment should be made of whether the construction and reconstruction of forest roads is a public purpose and also answer, what is a forest and forest road within the meaning of the provisions of the Act. It is necessary to present views of legal science and jurisdiction of administrative courts. The judicial direction of administrative courts is not beneficial for achieving investments; it does not even take into account that one of the investors’ purposes – forest districts – is nature management. Presenting the contrary argumentation to judicature positions should help courts make a proper assessment in the interpretation of provisions.

Keywords

• public roads
• public purpose investment
• public tasks
• forest