Professional Documents
Culture Documents
Gis Odyssey 2012
Gis Odyssey 2012
Published by: Hrvatski Informatiki Zbor - GIS Forum, 10 000 Zagreb, Ilica 191e, Croatia University of Silesia, 40-007 Katowice, Bankowa 12, Poland Editor: Davorin KEREKOVI, prof. Hrvatski Informatiki Zbor - GIS Forum, Croatia Scientific Editors of Monograph: Prof. Ryszard RBEK PhD. Dsc.University of Warmia adn Mazury in Olsztyn, Poland Davorin KEREKOVI, prof. Hrvatski Informatiki Zbor - GIS Forum, Zagreb, Croatia Reviewers Board: Prof. Vlado DADI PhD. Dsc., Institute of Oceanography and Fisheries, Split, Croatia Prof. Wojciech WILKOWSKI PhD. Dsc., Warsaw University of Technology, Faculty of Geodesy and Cartography, Department of Cadastre and Land Management, Warsaw, Poland Prof. Sabina RBEK PhD.Dsc. Department of Land Management and Regional Development,University of Warmia and Mazury in Olsztyn, Poland Dsc. hab. Katarzyna SOBOLEWSKA-MIKULSKA, prof. PW, Faculty of Geodesy and Cartography, Department of Cadastre and Real Estate Management,Warsaw University of Technology,Warsaw, Poland Dsc. hab. Grayna SZPOR. Faculty of Law and Administration, Cardinal Stefan Wyszynski University of Warsaw, Poland Dsc. Magorzata GAJOS, University of Silesia, Faculty of Computer Science and Materials Science, Institute of Computer Science, Sosnowiec, Poland Dsc. Magorzata LESZCZYSKA, University of Warmia and Mazury in Olsztyn, Faculty of Geodesy and Land Management, Department of Geodesy, Olsztyn, Poland Cover and Edition Graphical Design: Robert Smetko & Dsc. Magorzata Leszczyska Copyright Hrvatski Informatiki Zbor - GIS Forum, Croatia University of Silesia, Poland All rights reserved International Standard Book Number: ISBN HIZ 978-953-6129-34-8 Nacionalna knjinica, Zagreb, Croatia
CONTENTS
1. THE MODERN GEODESY, CADASTRE AND CARTOGRAPHY ............................. 7 VALUE AS AN IMPORTANT PART OF INFORMATION ON REAL ESTATES IN THE CADASTRE............................................................................................................................... 9 Dorota Wilkowska-Koakowska CURRENT ISSUES OF REAL ESTATE MANAGEMENT Case study POLAND........... 18 Ryszard rbek ANALYSIS OF THE DIVERGENCES BETWEEN THE DATA CONTAINED IN THE REGISTER OF LAND AND MORTGAGES AND THE DATA IN THE REGISTER OF LAND AND BUILDINGS....................................................................................................... 34 Elbieta Zysk WAYS OF MANAGEMENT OF MARGINAL LANDS IN POLAND WITH RESPECT TO THE SUSTAINABLE DEVELOPMENT RULES.................................................................. 42 Katarzyna Sobolewska Mikulska M-ESTIMATION IN THE ALS CLOUD POINT FILTRATION USED FOR DTM CREATION.............................................................................................................................. 50 Waldemar Kamiski BOUNDARIES OF LAND PARCELS IN THE POLISH CADASTRE ................................ 58 Wojciech Wilkowski GIS IN COMPULSORY PURCHASE PROCEDURES ......................................................... 67 Marek Walacik THE VALUATION OF REAL ESTATES HAVING COMPLEX STRUCTURE................. 79 Piotr Parzych PRELIMINARY WORKS ON LEADING POLISH CADASTRAL MODEL INTO CONFORMANCE WITH LADM ........................................................................................... 86 Jarosaw Bydosz THE METHODOLOGICAL APPROACH TO DETERMINE THE CADASTRAL SYSTEM BENCHMARKS ...................................................................................................................... 93 Agnieszka Dawidowicz, Ryszard rbek EVOLUTION OF ACCURACY CRITERIA CONCERNING BOUNDARY POINT LOCATION IN THE CADASTRAL DATA BASE IN POLAND....................................... 107 Robert uczyski 2. SEA AND WATER MANAGEMENT ........................................................................... 121 THE USE OF GIS TOOLS IN THE GENERATION OF MAPS ILLUSTRATING THE DISTRIBUTION OF PROTECTED SUBMERGED SPECIES THE CASE OF ISOETES LACUSTRIS ............................................................................................................................ 123 Piotr Dynowski, Anna rbek-Sokolnik, Hanna Ciecierska, Jan Dziedzic, Ryszard Piotrowicz DETERMINATION OF COASTAL AND TRANSITIONAL WATER TYPES AND WATER BODIES IN THE CROATIAN SEA ...................................................................... 130 Vlado Dadi, Grozdan Kupili, Robert Precali, Damir Ivankovi
3. CULTURAL AND NATURAL HERITAGE ................................................................ 141 THE LANDSCAPE CHANGES IN CLASSICAL ANTIQUITY IN ROMAN DALMATIA (territory of today Dubrovnik-Neretva County - Croatia)...................................................... 143 Vlasta Begovi, Ivanica Schrunk, Davorin Kerekovi 4. ECOLOGY ....................................................................................................................... 159 PHYSICAL PLANNING IN RURAL AREAS IN THE CONTEXT OF LAND PROTECTION AGAINST FLOODS.................................................................................... 161 Marta Smal THE CULTURE OF NEGLECT IN A SHADOW OF JAPANESE APPOCALYPSE - SOME CONCERNS ON FUKUSHIMA NUCLEAR ACCIDENT INDEPENDENT INVESTIGATION COMMISSION ONE YEAR SINCE THE DISASTER........................ 170 Maria Stybliska 5. ECONOMICS AND REGIONAL DEVELOPMENT .................................................. 181 COST BENEFIT ANALYSIS AS A BASE FOR DECIDING ON INFRASTRUCTURE PROJECTS OF REGIONAL SIGNIFICANCE .................................................................... 183 Anka Maek, Katica Krianovi, Vesna Peri CHANGES IN THE CHART OF TODAYS WORLD GREATEST DEMOGRAPHIC POTENTIALS. THE TOP TEN BEFORE AND AFTER.................................................. 189 Andrzej Rczaszek COMPARISON OF OCCUPATIONAL PENSION PROGRAMS AND INDIVIDUAL PENSION-RELATED FORMS OF SAVING IN POLAND WITH THE MARKET OF PRIVATE PENSION PROGRAMS IN SELECTED COUNTRIES .................................... 199 Sylwia Piekowska-Kamieniecka 6. THE STATE AND MUNICIPAL PROJECTS ............................................................. 205 BUSINESS PROCESS FOR UTILITY DATA MANAGEMENT IN THE CITY OF ZAGREB................................................................................................................................ 207 Irena Duni CAMPUS MOBILE? ............................................................................................................. 219 Peter J Halls 7. INFORMATICS, LAW & COMMUNICATION ......................................................... 229 INFORMATION IN THE LAND USE PLANNING PROCESS AS AN ELEMENT OF ADMINISTRATIVE LEGISLATION .................................................................................. 231 Grayna Szpor REGULATION ON GEOGRAPHIC INFORMATION SYSTEMS IN POLISH ADMINISTRATIVE JURISDICTION.................................................................................. 237 Dorota Chromicka THE USE OF GIS IN BIOMEDICINE AND HEALTH CARE: ANALYZE OF GEOINFORMATION JOURNALS ...................................................................................... 243 Magorzata Gajos POLISH WAY TO INSPIRE................................................................................................. 252 Agnieszka Chojka, Zenon Parzyski
ACCESS TO ONLINE SPATIAL RESOURCES ................................................................. 261 Kamil Czaplicki PROTECTION OF PERSONAL DATA IN THE POLISH GENERAL INSURANCE SYSTEM PROBLEMS AND CHALLANGES.................................................................. 270 Wiesaw Koczur 8. INTERNATIONAL CO-OPERATION ......................................................................... 279 COMPARATIVE ANALYSIS OF THE INFORMATION CONTENT CONCERNING CADASTRAL OBJECTS IN SELECTED EUROPEAN UNION COUNTRIES ................ 281 Marcin Karabin
potential changes would be German solutions, and in particular special bodies functioning in the German legal system called Commissions of Real-estate Appraisal, whose one of the tasks is the establishing of land cadastral values. 1. Concept of the cadastral value of a property According to the art. 20 par. 1 of the act geodetic and cartographic law the real estate cadastre comprise information concerning: lands their location, borders, areas, types of land utilization, soil quality classes, signatures of land and mortgage registers or document collections, if they were established for the property that lands belong to; buildings their location, purpose, utilization functions and general technical data; premises their location, utilization functions and utilization area. As it is pointed in par. 2 of the cited regulation in the cadastre there are also given information concerning: an owner, and in case of state and local government land physical or legal persons, who possess grounds and buildings or their parts; addresses of persons just listed; information concerning enlistment into the national heritage register and the property value. Ultimately, the real-estate cadastre will be supplemented with information concerning property value. As it is underlined in the bibliography, the real-estate cadastre will be one of the elements of the cadastral system, that will be composed of (among other things), the appraisal cadastre 3. This is one of the goals, for which an establishment of the cadastral value of the property will be performed during common real-estate appraisal. The details concerning procedures of establishing its value are contained in the act from 21st of August 1997 on land management in the art. 160-173 4. According to the art. 150 par. 4 a.l.m the cadastral value is established in the process of the common appraisal of properties for the properties and their parts, which are mentioned in the regulations concerning property tax. Cadastral values ought to be used, within bounds specified by the act on land management or regulations from other legal acts, for establishing a basis of a property tax, as well as for establishing property value belonging to the State or particular unit of self-government or for conducting of administrative task, which require establishing of the property value (art. 162, par. 2 a.l.m.). The cadastral value of a real estate property is established basing on a valuation of representative properties for particular types of properties in the area of the given municipality. The value of representative properties for the purpose of establishing cadastral value or the purpose of appraisal maps and tables is determined by real estate appraisers, using transactional prices in the municipality, and in case of insufficient number of transactions in neighboring municipalities. In order to establish the cadastral value, the regulations concerning property appraisal are applied (art. 161, par. 2 and 3 a.l.m) 5. 2. A procedure for establishing of a cadastral value As it was written before, the cadastral value of a real estate property is established basing on appraisal of representative properties for particular types of properties within a given municipality. The appraisal is performed by real property appraisers. Activities of appraisers, although compulsory, have supportive character, because the final value of a property for the cadastre is set by appropriate subjects 6.
R. Godlewski: Kataster nieruchomoci (ewidencja gruntw i budynkw) {(eng.) Real estate cadastre (land and buildings register)} [in:] H. Kisilowska (ed.), Nieruchomoci zagadnienia prawne {(eng.) Real estates legal issues}, Warsaw 2011, p. 103. 4 Unif. text J.of L. from 2010 No. 102, pos. 651 with changes. See also D. Wilkowska-Koakowska: Wycena nieruchomoci. Operat szacunkowy. Rzeczoznawstwo majtkowe {(eng.) Real estate appraisal. Appraisal documentation, Property appraisal}, Warsaw 2012, p. 25. 6 See also D. Wilkowska-Koakowska, Wycena nieruchomoci {(ang.) Real estate appraisal} [in:] H. Kisilowska (ed.), op. cit., s. 431.
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The activities of appraising the representative real estates in order to establish the cadastral value and in order to prepare appraisal maps and tables are performed (compulsorily) by appraisers (art. 161. par. 2 and 3 a.l.m.). This act specifies also guidelines for the real-estate appraiser, concerning methodology of real-estate appraising for the purpose of establishing of the cadastral value. Cadastral value of the land real-estate is composed of the value of the land and its composing parts (art. 165 a.l.m.) Rules of obtaining the cadastral value of the composing parts of the land are applied appropriately to buildings and premises that constitute a separate object of ownership (art. 166-167 a.l.m). A basis for establishing of the cadastral value for particular real-estates are appraisal maps and tables prepared by the body maintaining the land cadastre (art. 164 and 169 a.l.m.). According to the art. 166 a.l.m.,. in order to establish cadastral value of a land, for zones selected due to similar conditions influencing market value, there are obtained unit values of land areas located in these zones. The unit values of land areas in selected zones are presented in the indices for these zones, that are integral part of appraisal maps. The cadastral value of land is established as a product of the area indicated in the real estate cadastre and the unit value discussed here. As the art. 167 a.l.m states in order to establish a cadastral value of a component part of the land the unit values of area of component parts are established in groups, taking into account their location and differences between them. Unit values of area of land components in separate groups are indicated in appraisal tables. Cadastral value of land components is established as the sum of cadastral values of particular objects comprising these components. The cadastral value of particular objects is established as a product of their areas indicated in the real estate cadastre and the unit value indicated in the appraisal tables. These regulations are applied appropriately to buildings as well as premises that constitute a separate object of ownership. Details concerning the method for establishing the value of a real estate for the purpose of the common real estate appraisal and technical rules of appraisal maps and tables preparation is regulated by the regulation of the Council of Ministers from 29th June 2005 concerning common appraisal of real estates 7. According to the par. 8 and 9 of the regulation appraisal maps and tables are prepared separately for each municipality within boundaries of districts mentioned in the real estate cadastre, after performing an analysis of the data specified in the basic and auxiliary sources of information on real estates (par. 7) as well as taking into account characteristic properties of real estates (built-up land or land designated for construction as well as lands designated to different purposes than rural and forest ones), that influence the cadastral value. On the appraisal maps that is prepared using cadastral map background for each appraisal zone there is indicated its identifier, value of 1 sq. m. of land area for representative real estates as well as properties of these real estates. An integral part of appraisal map is the index of appraisal zones, which contains elements specified in the par. 10: identifier of appraisal zone; identifier of land parcel according to the real estate cadastre; type of land; value of 1 sq. m. of land area of representative real estate; properties of the representative real estate; coefficients correcting a difference between properties of the representative real estate and properties of other real estates in the same appraisal zones; as well as unit cadastral values of particular land parcels. As is stated in the par. 11 of the regulation, the basis for preparation of the appraisal table are indices of appraisal units of identical values of areas 1 sq. m. of component land elements, established basing on appraisal of representative real estates. In each appraisal zone for each group of land components there is prepared an appraisal table, which contains the data specified in this paragraph (identifier of appraisal zone; identifier of land parcel according to the real estate cadastre; type of a component part of the land, value of 1 sq. m. of component parts of representative real estate; properties of the representative real estate; coefficients for correcting differences between properties of the representative real estate and properties of other real estates in the same appraisal zone; unit cadastral values of the land component parts). According to the disposition of par. 13 of the Regulation the cadastral value of a property is comprised of 1) a value of transactional unit, if this unit is equal to the whole property 2) a sum of values of
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appraisal units, if each of these units is only a part of the real estate or if they constitute particular components of the land. Establishing of the cadastral value of a real estate and its registering in the real estate cadastre is a decision of the body maintaining cadastre in the form of an administrative decision. This decision is qualified by the legislator as immediately applicable. Cadastral values of real estates specified on the basis of binding appraisal maps and tables, introduced into the real estate cadastre, receive an official force on the day of their signing. Cadastral values may be updated on request from the owner of perpetual user or other person bound to pay taxes as well as ex officio, basing on an individual real estate appraisal (art. 170. par. 1-3 a.l.m). After establishing of cadastral values for a property, registering in the real estate cadastre and attributing a force of official data basing on the art. 170 of the act on land management, the body performing appraisal submits an application to the voivode to publish in the voivodship official journal an announcement about finalizing appraisal (par. 14 of the Regulation). In five years from the day of finalizing the appraisal or the previous verification of the appraisal there is performed a verification of cadastral values for all real estates, for which the value was established. The verification incorporates every year verification of cadastral values of at least 20% of real estate areas in subsequently selected areas within borders of each municipality. Verification of topicality of cadastral data incorporated in the real estate cadastre is performed by the comparison with prices obtained in the circulation of real estates and the real estate values included in extracts from the documentation of land registration submitted to the cadastre. Results of the appraisal verification are submitted by the 31st of March each year to the territorially appropriate municipalities ( 15 in conn. with art. 172 of the act on land management) Subjects participating in establishing of the cadastral value As I noted in the introduction, in the procedure of establishing the cadastral value of a real estate, including preparation of appraisal maps and tables, there are engaged many different subjects, to which count (among others) expert appraisers, different bodies of administration (a body maintaining the cadastre and municipality council), persons having legal interest (future taxpayers) as the side of proceedings, and even administrative court. According to the law currently binding in Poland, the activities of appraisal of representative real estates, that aim at establishing cadastral value and preparing appraisal maps and tables are performed (compulsorily) by property appraisers (in the form of appraisal documentation) who act on request from the body carrying out the common appraisal. The act on land management and the regulation concerning the common real estate appraisal specify guidelines for real estate appraiser concerning a method of real estate appraising for the purpose of establishing a cadastral value. According to the act on land management, a property appraiser is a person who has professional qualifications in the field of real estate appraising, which means that she has right to establish the value of a real estate as well as machines and appliances permanently bound to the real estate (art. 174, par. 2 and 3 a.l.m.). As it is stated in the art. 169 par. 1 a.l.m., basing on the valuation of representative real estates performed by property appraisers, the body maintaining cadastre (the head of the district 8) develops appraisal maps and tables according to the guidelines given in the regulations. As it was said before, to the duties of a body maintaining the cadastre belongs issuing an administrative decision concerning establishment of the real estate cadastral value and registering of the value in the real estate cadastre. Another task of the body maintaining the cadastre was defined in the art. 169 par. 2. The body maintaining the real estate cadastre, in agreement with the territorially appropriate head of municipality, mayor or president, exposes appraisal maps and tables to the public view for the period of at least 21 days. Information concerning the exposure are published in the form of an announcement and in the local press, and also in the way commonly adopted in particular place,
According to the 44 of the regulation of the Ministry of Regional Development and Construction from 29th March 2001 concerning land and buildings register (J.of L. No. 38, pos 454) a modernized land and building register which is a surrogate of the real estate cadastre is maintained by the head of the district, and organizational-technical conditions to perform these tasks are ensured by the Head Surveyor of the Country ( 80 i 81).
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specifying location and period of exposure together with information concerning a possibility to submit objections. To the tasks of the body maintaining the cadastre belongs also recognition of objections and providing propositions for their resolution to the municipality council. The legislator ensured also active participation in the proceedings leading to the preparation of appraisal maps and tables, and in consequence in establishing of the cadastral value, for the future tax payers. Before everything, owners, perpetual possessors and other persons, that are under tax obligation must provide to the body maintaining the real estate cadastre documents and information concerning their real estate, necessary for performing a common appraisal of real estates. In case of not fulfilling this obligation the body maintaining the cadastre, after carrying out explanatory proceeding, set up cadastral value of the property basing on existing documents and information (art. 171, par. 1 and 2). In addition according to the par. 3 art. 169 a.l.m, everybody, who has legal interest related to decisions resulting from appraisal may, during the period of exposure, submit objections. As it is underlined in the bibliography, a premise of legal interest concerns in the case discussed the legal relation resulting from appraisal obligation, because establishment of the cadastral value will be a basis for tax computation. In the case discussed, the legislator acting in accordance with the rule resulting from the art. 10 of administrative proceedings codex, concerning an active participation of the side in the corresponding proceeding, conferred to the future taxpayer a position enabling him to participate in the proceeding having a status of the side, whose interest is related to the appraisal of his real estate and to the cadastral tax liability 9. Another subject engaged in the process of preparation of appraisal maps and tables is the municipality council, a collective decisive body of the municipality. As the art. 169 par. 4 states, the body maintaining the real estate cadastre recognize submitted objections and presents them to the municipality council proper for the real estate location, together with propositions of their resolution, enclosing appraisal maps and tables. To the task of the municipality council belong making a resolution of granting an official force to appraisal maps and tables which should contain a method for resolving submitted objections. In the bibliography it is underlined that, although par. 4 art. 169 is rather brief, it should be adopted that the council is not bound by the proposition of resolving objections given by the cadastral body, and may divide objections submitted, which may lead to a negative resolution and a necessity for re-working of the parts of appraisal maps and tables that are an object of objections submitted 10. As it is stated in the par. 5 art. 169 the side not satisfied with a way his/her complaints were handled is allowed to appeal to the administrative court. Finally then it is up to the court decision to grant official force to appraisal maps and tables, and in consequence to establish a cadastral value of the real estate. Ability to appeal from the resolution of the municipality council is founded on the art. 101 of the act from 8th March 1990 on municipal self-government 11, which states that everybody, whose legal interest or authorization were violated by the resolution or a decree of the municipality body, has a right after ineffective invocation to remove the violation appeal from the resolution or the decree to the administrative court. According to the art. 169 par. 6 a resolution of the municipality council concerning granting official force to appraisal maps and tables is published in the voivodship official journal. To sum up, it should be stated, that multitude of subjects participating in the procedure of appraisal maps and tables preparation, complicates and extends time of the procedure for establishing a cadastral value of the real estate. Therefore it is useful to take a closer look on a more extensive approach to the problem of establishing of cadastral values (Bodenrichwerte) in the German law, where the process of establishing of the value is performed by bodies called Commissions for Real Estate Appraisal (Gutachterausschuss).
J. Szachuowicz, Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. 10 Ibidem. 11 Unif. text. J.of L. from 2001, No 142, pos. 1591 with changes
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Legal status and tasks of the Commissions for Real Estate Appraisal in Germany 12 The laws regulating the organization and operation of the appraiser's commission are given in the German Construction Codex - germ. BauGB (Chapter VII, par 192 and next) 13. Basing on the legal act authorization from the 199 p. 2 BauGB, detailed regulation of the commission organization and precise specification of their duties were transferred to the competences of the German Lands, which issue appropriate regulations for this purpose. Commissions of appraisers are separate collegial bodies entitled to perform real estate appraisal. They are composed from a chair and (working with no salary) members, with high qualifications and experience in the domain of real estate appraisal, which are independent in performing their roles and are not subordinate to any instructions, prescripts and orders 14. Independence of the commission is expressed also in the fact that this body is bound only by the regulations of the material and formal law from the acts and regulations imposed by the federation and the land where the commission performs their duties. The commission is under control of the constructional supervision only with respect to observing the law. Internal regulations (guidelines) of the public administration also cannot limit the independence of the commission; they can be utilized as helper and auxiliary regulations. Par. 192, p. 3 s. 1 BauGB states, that the chair and memberappraisals are under absolute prohibition of administering the real estates belonging to the given selfgovernment unit, to whom belong the district, for which the commission was gathered. This is meant to guarantee, that the appraiser will not work in accordance with a particular interest of the given self-government unit (nonobjective, biased toward one of the sides). Specification of the details of commission operation was transferred to the competences of Lands basing on the legal act authorization from the 199 par. 2 p. 1 BauGB. Typically, in order to perform appraisal by the commission (preparing necessary documentation) a presence of at least a chair of the commission (or his deputy) and two commission members is required. As it was noted before, in order to carry out particular tasks, the commission may appoint subgroups, especially if the number of members is large. Selection of appraisers for each sub-commission examining a particular case is up to the head of commission, who takes into account specialization of the given appraiser that is useful in the specific case. Commission (sub-commission) works collegially, which enables examination of the given problem from different points of view. If some activities exceed competences of the commission members, the commissions has a right, resulting from the 197 par. 1 BauGB, to request a written or oral information from other appraisers and experts, that are neccessary to solve the specific case. The technical support for the commission is provided by offices. Precise specification of their organization was left down to the competences of different Lands. The office implements guidelines and instructions of the commission. Essential supervision over the office activity is a duty of the commission chair. Most often in Germany, the functions of appraisers commission offices are performed by departments of cadastral and geodetic offices what, giving a professional level of employees, a convenient access to the maps and cadastral documentation, land and mortgage registers and the documentation of spatial planning, land and real estate management, is especially efficient solution 15. A catalogue of tasks (competences) of the commission of real estate appraisers is given in 193 BauGB 16. This is not a closed list. Firstly, 193 par. 1 BauGB refers expressis verbis also to different legal acts, which specify legal subjects entitled to submit applications to the commission, secondly one should bear in mind an authorization from the 199 p. 2 BauGB, according to which the tasks of the commission may be also specified by the regulations of the Construction Codex issued by particular lands.
12 Compiled basing on H. Dieterich, in: W. Ernst, W. Zinkahn, W. Bielenberg, Baugesetzbuch Kommentar ( 192199), C.H. Beck 2003. See also D. Wilkowska-Koakowska: Wycena nieruchomoci. Operat szacunkowy. {(ang.) Real estate appraisal. Appraisal documentation...}, pp. 107-120. 13 Baugesetzbuch (BauGB), uniform text. 29 september 2004 r., http://www.gesetze-im internet.de/bundesrecht/bbaug/gesamt/pdf. . 14 H. Dieterich, op. cit., side number 12. 15 Ibidem, side number 5359. 16 Ibidem, side number 18.
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One of the basic tasks of the commission was specified in the 193 p. 1 BauGB: Commissions prepare appraisal documentations concerning establishing of the market value of built-up and nonbuilt-up real estates. In addition the commissions evaluate also legal rights to the real estate. The commission takes up their activities on request from the subject authorized by the legal regulations or ex-office. The German law (with one exception) provides a rule of an optional real estate appraisal. Obligation of producing an appraisal documentation by the commission takes place only in the case of an expropriation of the real estate. In addition specific regulations may put on particular bodies (Federal or Land) an obligation to submit application to the commission with a request concerning preparation of an opinion concerning a real estate value in particular situations. In private cases, such request for the commission appraisal is only up to the subject interested. To the competences of the commission belongs, besides preparation of the appraisal documentations, also fixing a value of compensation in case of the loss of a right to the property (due to expropriation for instance) or other losses in the property of the applicant. In case of expropriation the commission prepares a documentation concerning the market value of the real estate being expropriated, but at the same time makes a pronouncement concerning the value of compensation from the title of a loss of the right of property, which corresponds to the market value of the property ( 95 p. 1 BauGB). Another tasks of the commission, that are performed ex-office, were specified in the 193 p. 5 BauGB. According to this regulation to the tasks of the commission belongs maintenance of the real estate value registers and establishing of the cadastral values of real estates (germ. Bodenrichtwerte). Notaries are obliged to submit to the commission the registered copies of sales and exchange contracts, administration bodies decisions concerning expropriations and other decisions concerning real estates e.g. demarcation. Preparation of the register of prices, in accordance with the commission guidelines, is a task of the office supporting the commissions. The register of prices is made public only partially. Documents from the prices register are made available by the commission only to the subjects specified by the law, i.e. tax offices for tax purposes, courts and persecutors only documents concerning a specific case, publicly nominated and sworn in appraisers only if they act as experts in particular case. Besides the commission delivers data from the prices register to the subjects having legal interest, e.g. real estate appraisers performing real estate valuation, whenever it is necessary for preparation of the appraisal documentation, taking into account regulations concerning the protection of personal data (i.e. without personal data of land seller and purchaser) To the tasks of the commission belongs also establishment of the cadastral values of real estates (germ. Bodenrichtwerte). As it is stated in 196 BauGB, the cadastral values are established based on a set prices as a weighted average of non-built-up land values taking into account their utilization. In order to do this there are created appraisal units grouping areas that are similar from the point of view of their utilization and the properties of the real estate influencing their cadastral value are established. Cadastral value are established every two years, unless there is a need for their more frequent calculation e.g. on a request from the tax administration for appraisal purposes or in the case of the increase in real estate value caused by a change in a spatial plan. Information concerning cadastral value are available to everybody in appropriate tax offices. As it results from the presented characteristics of the German commissions carrying out real estate appraisal, German legislator noticed special conditions of the situations, where procedures of administration and other subjects require earlier establishment of real estate value and appointed for this purpose special bodies, which received a special legal status. As can be deduced from the German Construction Codex regulations given before, competences of these bodies were limited to the cases connected with real estate value. In addition to establishing of this value on a request from public and private subjects, to the tasks of the commission belongs also specification of compensation amounts due to expropriation, maintaining a register of real estate prices and values and establishment of cadastral values of real estates.
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Conclusion As it results from the discussion presented above the procedure of creation and verification of appraisal maps and tables, and in consequence of establishing the cadastral value of a real estate is long and complicated. A feature worth attention is the engagement of many different subjects in the process, including expert property appraisers, different administration bodies (a body maintaining the cadastre and municipality council), persons having legal interest (future tax payers) as sides of the proceeding and even the administrative court. Therefore, a thesis that I adopted in the article is that engagement of so many different subjects in the process of establishing and verification of the cadastral value even at the stage of technical activities of appraisal maps and tables creation, extends the time of the procedure and increases its costs. Also in the bibliography it is underlined that the current model of establishing of a cadastral value does not deserve acceptation mainly due to a participation of administrative court in the process of appraisal maps and tables creation. As J. Szachuowicz states in its elaboration: [...] Assuming that only 10% of resolutions to the objections would be questioned before the administrative court, so the fact that the competences of the administration court are constantly expanding and the court could not resolve complaints on a short notice, this could be sufficient reason for obstructing of the rapid cadastre development 17. According to this author, another mode of resolving justification of submitted objections should be considered. In the act on the real estate cadastral system there could be founded a second instance bodies recognizing appeals from the resolution of municipality council in the subject of resolving objection 18. Therefore, the German model presented in the last chapter of this elaboration, is worth attention, and especially the bodies, that operates in the German law, having a special character Commissions of Real Estate Appraisal, whose one of the tasks is the establishment of land cadastral values. These quasi-bodies of administration, composed of experts, in addition to performing other tasks connected with calculation of real estate value, independently establish cadastral values of lands basing on real estate prices register also maintained by these bodies. Such solutions might undoubtedly become and inspiration for the Polish legislator, whose goal should be a strive to the introduction of legal solutions simplifying the procedure of establishing of the cadastral value, especially at the stage of appraisal maps and tables creation basing on valuation of representative real estates. Therefore, a scenario should be considered in which the legislator (following German example) appoints impartial and independent commissions made up of experts and working by the body issuing decisions concerning the cadastral value of a property. These commissions should be equipped not only with competences to valuation of representative real-estates, but also to preparation of appraisal maps and tables and recognizing objection submitted by the sides (future taxpayers). To their tasks should belong collection and distribution (e.g. to the decisive bodies) of the information enabling correct real estate market situation analysis, making conscious and rational decisions concerning land management and especially concerning establishment of the cadastral value of a real estate, so it would become a reliable fragment of the real estate information system. To sum up, in the opinion of the author, these solutions, although requiring radical change in the law, would lead to the simplification of the procedure of establishing a cadastral value and in particular would relieve administrative courts, which main purpose should be verification of the legality of administrative decisions and not the participation in technical activities of appraisal maps and tables preparation.
17 J. Szachuowicz, Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to the act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. 18 Ibidem.
16
Bibliography
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Ernst W., Zinkahn W., Bielenberg W., Baugesetzbuch Kommentar ( 192199), C.H. Beck 2003 Kisilowska H. (red.), Nieruchomoci zagadnienia prawne {(eng.) Real estates legal issues}, Warsaw 2011 Szachuowicz J., Komentarz do ustawy o gospodarce nieruchomociami {(ang.) Commentary to act on land management}, http://lponline.lexpolonica.pl/plweb-cgi/main.pl?test_cookie=1. Wilkowska-Koakowska D., Wycena nieruchomoci. Operat szacunkowy. Rzeczoznawstwo majtkowe {(eng.) Real estate appraisal. Appraisal documentation, Property appraisal}, Warsaw 2012 Ustawa z 17 maja 1989 r. Prawo geodezyjne i kartograficzne (tekst jedn. Dz.U. z 2010 r. Nr 193, poz. 1287) Ustawa z 21 sierpnia 1997 r. o gospodarce nieruchomociami (Tekst jedn. Dz. U. z 2010 r. Nr 102,poz. 651 ze zm.) Ustawa z 8 marca 1990 r. o samorzdzie gminnym (tekst jedn. Dz. U. z 2001 r., Nr 142, poz. 1591 ze zm) Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001 r. w sprawie ewidencji gruntw i budynkw (Dz. U. Nr 38, poz. 454) Rozporzdzenie Rady Ministrw z 29 czerwca 2005 r. w sprawie powszechnej taksacji nieruchomoci (Dz.U. Nr 131, poz. 1092) Baugesetzbuch (BauGB), tekst jedn. 29 wrzenia 2004 r., http://www.gesetze-im internet.de/bundesrecht/bbaug/gesamt/pdf.
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Fig. 1. Relationship between land policy, good governance and land management Source: own study based of FIG publications
Literature review Good governance is often, wrongly to be synonymus with the absence of corruption (Grover R., Ch. Grover 2012). FAO (2011) is developing volontary Guidelanes on the Responsible Governance of Tenure of Land Governance indicators are costly and dificult to produce. There are some indicators in World Bank publications and in the BertelsmannTransformation Index (Bertlelsmann Stiftung, 2009). There are some indicators: - voice and accountability, - political stability and the absence of violence, - regulatory quality and rule of law, - control of corruption. Very important is system of management of public land (Barns at all, 2009). It is a system where the public land ownership is justified and its extent clearlly identified, that land is only expropriated for overlall public interest and in an efficient manner, that expropriation procedures are fair compensation is paid and paid promptly, and that transfers of public land to the private sector follow a clear, transparent and competitive process. In this system important rule plays public provision and land information (the land registry). Managing the use of land is an essential part of land administration systems. Land-use management includes the control of land use both urban and rural areas as well as management of natuerall resources (Williamson J. at et., 2009). Effective land-use development should also ensure sustainable land development. Good integrated land-use management is based on land policies contained in the overall land laws, including cadastral and land registation, and planning and building legislation. The land management paradigm consist with land tenure, value, use development of land. It is important that land management is broader than land administration, because it covers many activities with the management of land and natural resources that are required to fullfil political objectives and achieve sustainable development (Williamson J., at el. 2009). Ossko (2006) believes that well
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functioning land administration is an increasing importance and interest world wide. Land management is the implementation of land policy. The land administration activity is not an and in itself but it facilities the implementation of land management policies. The following institutions, organizations are fundamental in case of operational land administration (Burmanje D. P. van der Molen, 2005): - cadastre and land registry, - valuation of real estates, - financial institutions (land and property tax), - town and land use planning. The cadastre and land registry are the most important organisation in the land administration system.
Fig. 3. Framework for real estate resource management Source: based on M. Avis, V. Gibson, 1996. Real estate resource management comparison
It is possible to provide a structure of real estate resources management (fig. 3), where you can extract 4 stages (Avis M., V. Gibson, 1996): 1) setting real estate objectives, 2) determining how to achive the real estate objectives, 3) establishing a performance monitoring system, 4) assesing information requirements. Particular attention should be paid to the interdisciplinarity of real estate sector, including social effects occurring in different moments. Thus, each activity on real estate should be integrated with long-term programs of strategic development (state, voivodeship, district, commune, agglomeration). In this particular article only some issues and dilemmas concerning active real estate resources management were underlined, based both on Polish experience and solutions introduced by international organizations, i.e. FIG and FAO. Moreover, the rules of material resources management were presented (Fig. 2).
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Identification of processes
Fig. 2. General scheme of proceedings in material resources management Source: own studies
ROZDZIA 2 3. Essence, purpose and range of real estate management Management means conscious activity, both individual and collective, including: 1) allocating limited resources among competitive use on the basis of rational premises; 2) using these resources for achieving the best (optimal) results; 3) dividing value (goods and services) in the way that social needs can be satisfied; 4) using resources efficiently without disturbing natural environment and worsening living conditions of the society. In practice, management means calculating inputs and outcomes while searching for efficiency in current conditions (legal, political, economic, ecologic, social, etc.). Therefore, management tends to particular transformations of current state. This activity can been considered as kinetic, because it proceeds in time, and results differ from the original state. In real estate management such activity influences space (land) and its components (buildings, infrastructures, trees, plants). Real estate management can be treated as a set of relations and procedures among subjects and object of management. Such set includes types of real estate and rights to them. Real estate management is also a system embracing relations among subjects, real estate and procedures leading to decisions on spatial management. These decisions lead, among others, to defining subjects and establishing limitations regarding access to the real estate (rbek R., 2000). Thus, it is a set of activities treated as standard activities, acts and purposes resulting from rules regulating particular forms of real estate management, i.e. sale, perpetual usufruct, rent, lease, etc., aiming at rational use and development. Real estate management is therefore the term, which is strictly connected with the word economy. Term economy is used to define all business units and relations among them, and also other components of economic turnover. It is strongly correlated with organization, management and running businesses.
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Thus, core of the thesis, that real estate management is a part of economy, is based on the definition of real estate (land, buildings and flats) and non-material sphere, such as rights to above mentioned properties. Real estates, which are the objects of management, are identified, described, analyzed, assessed and aggregated in particular manner. Physical, economic and other features depend mainly on localisation and surroundings, what causes problems and complicates decision making processes in real estate management. Subject, independently from the form of ownership, should: properly manage real estate, act accordingly to rule of social coexistence, gain benefits and protect real estate from losing its value and advantages, maintain it in the condition as stable as possible for economically justified period of time. Main differences in approaches to real estate management issue can be noticed especially in created and introduced legal norms, where private units are relatively weakly limited in managing their real estate resources. However, it does not mean that it is not regulated by law. There are legal norms influencing directly private real estate resources, such as: Civil Code, Act on Real Estate Management, Construction Law, Natural Environment Protection Law, Act on Spatial Planning and Development, etc. However, homogeneous and stable legal act describing way of private real estate management and regulating all relations among public and private units does not exist. National economy includes, among others, spatial management and real estate management. According to the top-down approach, to analyze these terms following descriptions was used: Spatial management or managing the space relates to whole space and economy, mainly in social, geographic, political and environmental aspects, Real estate (land) management is spatial, legal, financial and technical dimension of such economy, Real estate management includes some parts of economy, but mainly in administrative, technical, economic and organizational meaning. Conducting researches over real estate management requires describing spatial management as superior term in the hierarchy. It can be assumed, that two approaches to defining spatial management can be found: urbanistic and economic. In the first approach, destination of land and rules of its development are the most important objects of studies. In the second one, more important is the term spatial dimension of social-economic systems. Real estate management can be described as a set of agreed relations and procedures among subject and object, and it is applied to widely understood spatial management, and to be more specific objects located in this space. In the case of real estates owned by the State Treasury and local government units, such procedures are written in Acts and executive rules attached to these acts. In Poland according to the Civil Code, real estates are immobile units which are part of environment in original or changed by human state, have autonomic existence and can be the subject of turnover. Thus, they are parts of assets, which is more general term in Civil Code. The object of real estate management, as it results from above mentioned rules, are widely understood assets, defined as ownership and other rights. The subject are entitled persons possessing particular right to the asset, such as owner, perpetual user, creditor, leasholder, etc. Professionals have been operating on real estate market and range of their activities is described in Poland by the Act on Real Estate Management (1997). Above mentioned relations and procedures are the effects of executing legal rules concerning civillegal activities. Their introduction usually needs assessing real estate value. Therefore valuation serves real estate management, however, it is not its only purpose. Real estate management can be also considered as all activities aiming at studies over optimal rules and procedures of real estate management, independently from their type, subject and form of ownership. Such view on real estate management underlines the tasks related to managing real estates owned by both State Treasury, local government units, and other physical and legal persons.
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4.
Development of real estate management system Real estate management treated as a system has been the object of many valuations and analysis. This system has been described, among others, by its strengths and weaknesses, what is presented in table below (Table 1). Real estate management strengths and weaknesses Strengths Weaknesses Sufficiency, efficiency and ability; Inefficiency, lack of competences and Effective realization of tasks, high quality of services sufficiency, inefficient fulfilling the tasks, low quality of services Suitability:realization of expectations and social needs Lack of suitability: missing needs and expectations Lack of sufficient legal basis for system Legal basis: Legal regulations agreed democratically functioning, lack of social control through social consultations; possibility of updating and changes Transparency: Full (without restrictions) Lack of transparency Solidity, predictability and progessitivity: Possibility Lack of solidity and logic connections In the system, unpredictable changes in legal of predicting changes in legal system (acts, prescripts, regulations, impossibility of appealing statutes), possibility of introducing complementary against the decisions regulations Calculability: Preparing reports and statements, Lack of possibility to analyze reports and explaining activities and description of procedures, statements, deficiencies in registers system functioning register Equity of subjects: Lack of discrimination of groups or Favouring particular groups or persons persons Balanced system: Balancing economic, social and Lack of balance both currently and in the environmental factors, both currently and in the future future Decentralization of system: Services related to real High centralization, low efficiency, high cost estate are decentralized and effective Participation: cooperating with administration, ma king Lack of cooperation with local consensus, local society participation, freedom of administration, impossibility of establishing speech and associations groups of interest Law protection and stability of system Lack of law protection and stability of system Corruption, decisions based on nonAiming at integration: Independent opinions and merithoric factors, realization of private experiments, clear border between private interest of interests by civil servants and politicians civil servants and local politicians and public issues
Source: Own studies based on origin materials from FIG and FAO
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Development analysis of this system can be presented on the below graphic (Fig. 4).
PHASE 1 PHASE 2 PHASE 3 PHASE 4
Building system and its components Measurements and registering rights to Real estate State and private ownership Assessment and valorization Economic and spatial planning
Building and developing markets Cadastre system development Delegation of competences and responsibilitie s computerisatio n improvements in system registering rights to Real estate Environment
Supporting systems development Balancing development processes Reducing areas of poverty Developing systems connected with multidimensional data infrastructure Many aspects of Policy related to Real estate Interoperability and multicipity of connections between regulation systems Social balance
Predicting needs and spatial integration Complexity of services Optimalization of resources management Sustainable development Important role of social and environment protection factors Equity of subjects Equal Access and competitiveness New methods of Real estate management Improving relations Informative society
Economic paradigm
1975 r.
1990 r.
2010 r.
Fig. 4. Directions and forms of Real estate management system development Source: Own work inspired by I. Williamson, 2007
For particular attention deserves Phase 4, which describes the most important characteristics of modern real estate management. Within such system, various tools and procedures stimulating development of particular areas can be applied, especially: 1) Spatial development plan; 2) Real estate consolidation and division; 3) Perpetual usufruct for land with agreed conditions control; 4) Tax releases (property tax); 5) Technical infrastructure facilities; 6) Promoting long-term leases; 7) Establishing companies based on Trade Law (contributions); 8) Expropriations (ultimately in the case of realization of public purposes leading to development); 9) Recovering areas used as allotments (substitute areas through negotiations); 10) In special cases dissolving agreements for perpetual usufructs; 11) Delaying real estate degradation.
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Separate important issue is introducing rules leading to national management of assets belonging to State Treasury (ST) and local government units (LGU), what is presented on fig. 5.
Fig. 5. Active management of public real estate resources Source: Own studies
Efficiency in public real estate resources management requires investment assessment and analyzing costs and profits relation: 1) Short-term and long-term costs and profits; 2) Analysis of expected costs and profits including risk and methods of forecasting; 3) Comparing costs of particular undertaking with its financial and social benefits; 4) Discounting both costs and benefits; 5) standardization of costs and benefits measurement unit for the day of calculation. Rules for management efficiency evaluation are based at assumption, that effects from economic activity should be compared with relevant inputs:
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Rational real estate management includes then many dilemmas and choices, such as: Analyzing legitimacy of real estate sale; Decisions on dividing and consolidating real estate purposes and effects analysis; Decisions on building technical infrastructure facilities; Decisions on rates to calculate adjacent fees; Analysing profitability of actualization of fees for perpetual usufruct; o Benefits and costs o Economic and social effects Validity of transforming perpetual usufruct (PU) into ownership (OW) Perpetual usufruct with option of sale after building objects (according to the agreement); Justifying the use of the pre-emption right by the commune: o Conditions of pre-emption o Purposes Regulating real estate legal relations (especially in towns): o Rational dividing the space o Elimination plots on the contour of building Analysis of the legitimacy of purchasing real estates to ST or LGU resources; Term fair compensation for expropriation; Validity and course of negotiations related to purchasing real estate to resources; Improving systems of information on real estate: o Maps of real estate values o Registers, specifications, lists o Supplementary sources of information o Information systems development 5. Development of real estate management in Poland Real estate management in Poland is a relatively new branch of the economy, which has been developing rapidly. Intensive development began in the years 1985-1997, although the law of land management in towns and housing estates was passed in 1961. Improvement of the real estate management system was closely linked to the political and economic transformations that took place in Poland in the years 1989-1995 and which aimed at a transition from administrative control over real estate trade to the free market principles. The national economy has also been adapted to such principles. During this period, the importance of real estate started to grow and it started becoming a significant part of the national economy. The increasing interest in real estate made it grow into a separate segment of the economy. It started to be perceived as a national asset which generates or can generate income for its owner when an appropriate management strategy is applied. Increased interest in the real estate market at the turn of the 1980s and 1990s brought about a new manner of perceiving the problem and resulted in adapting the existing legal regulations to the changing situation. This concerned in particular: 1. Introducing the constitutional protection of ownership rights; Art. 7 of the Constitution of the Republic of Poland was amended in 1989. It strengthened ownership rights by embracing them, together with inheritance rights, with the legal protection by the Polish State. The expropriation procedure was restricted to situations when it is necessary for achieving important public goals. Compensation should be equal to the real estate value (fair compensation). This provision was transferred to Art. 21 of the Constitution and is worded as follows: The Republic of Poland protects ownership rights and inheritance rights. Expropriation is acceptable only when it is necessary for achieving an important public goal and for fair compensation. 2. Reforming the state government; Its goals were as follows: decentralisation of power, regulation of the principles of passing bylaws, establishing local communities (communes, counties and provinces). The communities were granted status as legal bodies and they had their scope of activities and tasks specified. Communal property was established after communalisation of some state-owned properties. The reform of state
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government, which began in 1990 with granting legal authority to communes, was completed in 1998 by introducing new administrative division into provinces, counties and communes. 3. Beginning and continuation of regulating rights to real estate; Procedures were carried out with a view to achieving the following goals: enffranchisement of legal entities, strengthening their rights to real estate by changing the existing right of use or management to the rights of ownership of a building while granting perpetual usufruct rights to the plots of land; privatisation of companies granting shares in the companies, previously owned exclusively by the state, to third parties (transformation of state-owned companies into ones in which the State has part of the shares); ownership transformations in agriculture privatisation of state-owned agricultural farms, establishing state-owned agricultural resources, establishing the Agricultural Real Estate Agency and granting it property rights and the right to sell and purchase agricultural real estate. 4. Introducing market principles to the real estate trade; Under the Law of Land Management and Real Estate Expropriation of 1985, amended in 1990, the following market principles were introduced to real estate management: granting equal rights in real estate trade to all the entities acting on the real estate market. The only exception was made for organisations without a legal personality; introducing various forms of holding all the forms of holding, provided for in the law, can be applied for real estate: ownership, perpetual usufruct, use, lease, tenancy, permanent management, lending for use; replacement of non-transferable forms of holding a real estate with its transferable forms. Transferable rights of legal entities were introduced by enfranchisement, followed by enabling such legal entities to acquire the right of perpetual usufruct of a real estate or the right of its ownership; abolition of administrative decisions and introducing civil-law agreements concluded as a notarised deed. This form of decision was left for extraordinary situations, such as transferring real estate for permanent management, transformation of perpetual usufruct rights, to which individuals are entitled, into the right of ownership; abolishing official prices for real estate they were replaced by market prices, based on real estate value; introducing obligatory tenders when selling the property owned by the state or by local communities. The procedure of sale without tender is acceptable only in special cases, indicated in the law of real estate management; making it possible for real estate to be acquired by foreigners, who can acquire real estate in Poland for all the forms of holding, including the acquisition of ownership or perpetual usufruct rights. However, such acquisition has to be preceded by obtaining an official permit, issued as an administrative decision. Apart from amending or replacing the existing legal acts (the Constitution of the Republic of Poland of 1955 was replaced by the Constitution of the Republic of Poland of 2 April 1997). Amendment of the Civil Code of 23 April 1964 and of the Law of Land Management and Real Estate Expropriation of 29 April 1985 was replaced with the Law of Real Estate Management of 21 August 1997 a number of legal acts were passed which dealt with issues related to real estate, such as the law of managing stateowned agricultural real estate of 19 October 1991, the law of forests of 28 September 1991, law on the separate ownership of condominium units of 24 June 1994, the law of land use planning and management of 27 March 2003, the law of agricultural system of 11 April 2003 and the laws of local governments: the law of communal government of 8 March 1990, the law of county government of 5 June 1998, the law of provincial government of 5 June 1998. From 1997 real estate management is very important for public and private real estate management (real estate resources).
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Legal foundations of real estate management Real estate management comprises all the actions related to real estate, where public purpose and general interest becomes manifest. Real estate owned by the State or local governments can be used for various purposes by public organisations. The State and local governments influence private entities (physical and legal). Real estate management deals with 3 types of real estate, treated as movable property in the law of real property. The basic regulations concerning real estate are contained in the Civil Code. The law of real property is a set of provisions of the civil law which regulate the origination, contents, change and cessation of the ownership rights and other property rights in the subject understanding. The right of property concerns only things and is an absolute right. The Civil Code restricts the catalogue of property rights (Table 1), while at the same time indicating that the property rights in the Polish system of civil law include: ownership, perpetual usufruct, restricted rights of property. For the restricted rights of property (such as: use, easement, lien) their essence is laid down by the Civil Code, while mortgage and co-operative ownership rights to an apartment are mentioned in specific legal acts, i.e. in the law of perpetual registers and mortgage and in the law of housing associations. The scope of perpetual usufruct rights is similar to that of ownership rights. However, it is restricted by the date contained in the agreement of granting perpetual usufruct rights on a plot of land and the payment for the right. Real estate ownership can be granted undivided to several persons (co-ownership). Coownership can be either co-ownership in parts and collective co-ownership. Table 2 contains the basic differences between ownership rights and perpetual usufruct rights, and table 3 contains similarities between these two rights.
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Table 2. Basic differences between the right of perpetual usufruct and the right of ownership of a real estate Right of perpetual usufruct Right of ownership Intermediate between restricted right of property Unrestricted right of property; it is not an and the right of ownership. absolute right. The object of the right of perpetual usufruct is land The object of the right of ownership are objects owned by the state or by local governments. as understood by the civil law. Associated right one entity has two separate Separate right it is transferable independently rights to the plot of land and to buildings. of other rights. Right of perpetual usufruct Right of ownership Non-autonomous right it depends on the contents Autonomous right its legal existence does not of another right and cannot exist without that right. depend on any other right. Dependent right it is associated with the right of Independent right there is a direct ownership of buildings and facilities and none of relationship between a real estate and its them can be traded independently and the owner. expiration of the right of perpetual usufruct causes the expiration of the right of ownership of buildings and other facilities. Chargeable right first payment and annual Non-chargeable right (for holding). payments. Right with a limited period granted for the period Right with an unlimited period it exists as of 99 years which can be extended (exceptionally long as the object of the right exists; the for the period not shorter than 40 years). duration of the right is not determined in advance The owner of the land is different (the State or a The object of the right of ownership is the local government), than the owner of buildings and undivided built-up real estate. other facilities for which the right of perpetual usufruct has been granted.
Source: Authors study
Table 3. Basic similarities between the right of perpetual usufruct and the right of ownership of a real estate Ownership Perpetual usufruct Similarities Any individual or legal entity can be the subject of such rights; Property rights their objects are material goods with established value; Disposable rights; Transferable rights they can be transferred as a result of legal actions; Inheritable right; Divisible rights co-ownership, perpetual usufruct granted to several individuals (such individuals are jointly the subjects of the right of perpetual usufruct such that each of them is entitled to a fraction of the right, and each of the individuals can dispose of their part); They are entered in a perpetual register; They can be expropriated; They can be encumbered with a mortgage.
Source: Authors study
Real estate management can also be seen as a set of relations and procedures between the subjects and object of the management. Such a set comprises three types of real estate and the rights associated with them. Problems related to real estate management are dealt with in conformity with the Law of Real Estate Management and with the set of executory regulations to the law as well as other regulations concerning public real estates. Real estate management is also a system which embraces relations between entities and the real estates and the procedures which result in taking decisions associated with land management.
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Such decisions contribute to determining the subjects and help specify the restrictions of access to land. Therefore, it is a set of actions seen as standard actions, behaviour and objectives, resulting from specific regulations concerning various forms of real estate management (e.g. sale, perpetual usufruct, lease, tenancy, etc.), whose aim is to use and develop it in a rational manner. Real estate management, sometimes referred to as real estate economy, is therefore a concept closely related to the word economy. The term economy is used to define the whole of economic entities and relations between them and other elements of the trade. It is closely correlated with organisation, management and running business entities. The essence of the statement that real estate management is part of the economy is based on the concept of real estate (land, buildings and other facilities) as well as the immaterial sphere which contains the rights related to such real estate. Managed real estates are identified, described, analysed, assessed and aggregated in a specifically determined manner. Physical, economic and other features of real estate depend primarily on its location and surroundings of a specific object of description. Real estate can also be perceived as the sum of actions aimed at determining the optimum principles and procedures of real estate management, regardless of its type or form of holding. Such perception of real estate management is indicative of the tasks related to managing real estate owned by the state, local governments as well as other physical and legal entities, which are performed by legal regulations, mainly at the meeting of public and private benefit. The tasks are related to all real estate, i.e. land, buildings, other facilities and agricultural real estate, situated in rural, forest and urban areas. However, the tasks are formulated in separate legal acts. The main criterion which separates the scope of tasks in managing various types of real estate is the intended use of land in the local land use plans (Fig. 6).
Fig. 5. Distribution of tasks related to real estate management with respect to the intended use of real estate Source: own study
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Such a criterion of division indicates two separate areas of real estate management: 1) land management in rural areas; 2) real estate management in towns and urbanised areas. Land management is understood as the whole of the problems and tasks related to appropriate use of the country area for its general economic and social purposes. In a more restricted meaning it includes all institutional, legal, economic and technical activities associated with rational use of land. It deals with rural areas (situated outside towns), especially agricultural land, forests and land under water. The main areas of land management include: - civil and administrative trade in real estate; - managing land from the agricultural resources of the state; - managing forest and trading state-owned forest; - managing land under water; - integration and exchange of plots of land; - divisions, demarcation and expropriation of real estate in rural areas; - protecting agricultural and forest land, etc. The basic objectives and tasks of land management include: - optimum use of land; - protection of land resource resources; - establishing a correct structure of using and holding land; - designing a correct spatial structure; - the appropriate location of socio-economic functions; - establishing conditions which ensure proper income on the land; - adopting spatial-economic factors to the principles of market economy. Real estate management, perceived as a set of relationships and procedures related to them, occurring between a group of subjects and the managed object, which comprises real estates and the rights attached to them, serves to isolate the cause-and-effect relationships which can be examined in relation to real estate management. The relationships are described below. 1) Individual and general relationships. Individual relationships concern specific objects and events (e.g. expropriation of real estate for a specific public purpose). If a multi-case analysis is performed, general relationships are found (e.g. relationship between the prices and value of real estate on a selected local market). 2) Deterministic and stochastic relationships. Relationships of this type are exception-free or probable. Exception-free relationships are rare. 3) Sufficient and necessary conditions. Such conditions are related to conditional and unconditional relationships. The most frequent type of relationships in real estate management are conditional ones with complementary conditions and alternative ones (e.g. real estate expropriation). The Law of Real Estate Management of 1997 determined the principles of the management through a list of the following procedures and activities: a) managing real estate owned by the state or by local governments; b) performing divisions as well as integration and division of real estate; c) exercising the right of pre-emption by communes; d) real estate expropriation and returning expropriated real estate which has not been used in conformity with the purpose of the expropriation; e) participation in the cost of construction of technical infrastructure; f) performing real estate valuation and regulation of the principles of professional activities of real estate management. Activities mentioned in other laws have been excluded from the scope embraced by the law of real estate management; those are in particular: 1) real estate acquisition by foreigners; 2) integration and exchange of plots (agricultural land); 3) managing forest real estate and state-owned agricultural real estate; 4) acquisition of land for motorway construction and execution of investment projects of national roads construction; 5) accommodation for the Polish Army; 31
6) managing certain property components. The amendments made to the law on 22 September 2004 were aimed at adopting the legal regulations concerning real estate management to the social and political situation that resulted from the accession of Poland to the European Union. The amendments concern such procedures as: 1) selling and purchasing real estate, including organisation of tenders; 2) protection of lessees of residential quarters; 3) determination of real estate prices; 4) performing real estate division and establishing adjacency fees; 5) exercising the right of pre-emption; 6) real estate expropriation and establishing the compensation for expropriated real estate; 7) extending the authority of real estate appraisers, real estate administrators and real estate agents by preparing relevant expert opinions and analyses concerning real estate market. Activities and procedures of modern real estate management have to take into account phases of market cycles. The phases can be taken into account in the procedure of developing plans of managing public resources of real estate, owned by the State or by local governments. 7. Conclusions It should be underlined, that managing real estate, especially owned by public sector units, is conducted in specific conditions. This management is connected with irreversible goods and requires applying rules of sustainable development. Such activity should be based on individual approach, using managerial systems and techniques and wide analitycal set of tools. Particular attention should be paid to economic dimension of efficiency of such management, which includes also the most important social aspects. Parts of successful real estate resources management are connected with way of management and quality of personnel responsible for such issues. Changes in this field are usually long-term processes correlated with dynamics of economic development of particular regions, voivodships and communes. It should be remembered that real estate (land) is still important economic and social factor. Access to real estate, safety of ownership and managing the areas have important influence on economic development. Selected directions of real estate management system in Poland are presented below: 1) Registering rights to real estate Improving information flow Improving protection of rights to real estate Reducing costs and digitalizing system with connections with other information on real estate systems 2) Reforming legal system: Simplifying and reducing legal regulations o Rational dividing the space, o Elimination plots on the contour of building, Analysis of the legitimacy of purchasing real estates to ST or LGU resources; Term fair compensation for expropriation; Validity and course of negotiations related to purchasing real estate to resources; Improving systems of information on real estate: o Maps of real estate values o Registers, specifications, lists (the cadastre system), o Supplementary sources of information o Information systems development Integrating regulations related to real estate Preparing real estate code 3) Simplifying service system, improving quality of staff and services: Proper practice of employing professionals with standardized competences acquired through skills trainings, Improving occupational qualifications (postgraduate studies, courses), Improving human resources and staff management, 32
Integrating rules of real estate management with European Union standards, 4) Compensating development in weaker areas. As a matter of principle, real estate management is based on civil law relationships, which guarantee the equality to participants. However, there are a number of exceptions to the principle, which indicate the administrative forms of activities in real estate management. In particular, these are decisions which in total or in part decide on the essence of an issue, affecting the rights and obligations of the participants in a non-objective manner. The legal regulations which lay down the right to use (possession, use, obtaining proceeds) and dispose of an object (exchange, ridding oneself of it, encumbering) lie within the international tendency to unify legal regulations. Such action or nonfeasance on the part of an entitled party is not considered to constitute exercising the right and does not entertain any protection. The use of an object can be restricted in the manner laid down by the law. Legal and social restrictions allowed by the law often deviate from the European trends, especially as they are internally incoherent. The problems that emerge are being gradually removed, for example, by introducing the criteria of issuing permits for foreigners to acquire real estate or shares, i.e. a catalogue of expressly listed exceptions. Obviously, thanks to globalisation, and particularly to the community law, the trade in real estate will soon be completely free in terms of equal treatment of all the member states. It seems that the exchange of thought and knowledge leads through the unification of the law. It is beyond doubt that a common tendency in jurisdiction, absence of any interpretation problems and simplified procedures would allow for easier and more effective law enforcement. However, this would require not only the unification of legal acts which deal with real estate management, but also establishing a strategy of actions related to regulations concerning real estate, especially those aimed at securing public interest and tasks. The process of globalisation cannot eliminate the autonomous interests of local communities, which would result in weakening the local initiatives. The system of real estate management in Poland is constantly evolving towards full implementation of market principles and weakening the public sector of real estate in the future. The sector still holds over 35% of the area of Poland and clearly affects the private ownership of real estate and the principles of management. LITERATURE
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Avis M., Gibson V., 1996. Real estate resource management comparison. Readings publ. Bertelsmann Stiftung, 2009. Bertelsmann transformation index 2010: Political Management in International Comparison, Bertelsmann Stiftung, Gtersloh Burmanje D., T. van der Molen, 2005. Spatial data infrastructure and land administration in Europe. FIG-GSDI publ. Cairo Burns T., K. Deininger, H. Solod, K. Darlymple, 2009. Implementing the land governance assessment framework. FIG publ. Sydney FAO, 2007. Good gevernance on land tenure and administration. Roma, FAO, UN FIG, 2010. Internationa land organisational development. FIG Pub No 47, Copenhagen Grover R., Ch. Grover, 2012. Valuation and land governance. EMERALD, Journal of Propoerty Investment, vol.30, no 1, pp 88-98 Ossko A., 2006. Questions on sustainable land administration. FIG publ. Accra, Ghana Williamson j., S.Enemark, J. Wallace, A. Rajabifard, 2010. Land adminstration for sustainable development, ESRI, Redlands, California, USA rbek S., R. rbek, J. Kuryj, 2011. Gospodarka nieruchomociami, GALL, Katowice (in Polish)
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ANALYSIS OF THE DIVERGENCES BETWEEN THE DATA CONTAINED IN THE REGISTER OF LAND AND MORTGAGES AND THE DATA IN THE REGISTER OF LAND AND BUILDINGS
Elbieta Zysk Department of Real Estate Management and Regional Development University of Warmia and Mazury in Olsztyn email: elzbieta.zysk@uwm.edu.pl Abstract The paper presents the problem of divergences between the data in the register of land and mortgages and the register of land and buildings. The studies were conducted in the area of Podlaskie voivodship (north-eastern Poland). The results are presented in the form of graphs and tabulations. The examples of divergences between those registers and causes for that situation are presented. The scope of actions that are necessary in that area is also presented. Keys words: registers of land and mortgages, register of land and buildings. Introduction Since mid-20th century development of a new type of society, commonly referred to as the Information Society can be observed. Rapid development of teleinformation technologies, access to and wide scope of the information flow cause that the information has become one of the most valuable goods. A society becomes the information society when it reaches the level of development as well as scale and complexity of social and economic processes requiring application of new technologies for gathering, processing, transmission and use of immense volumes of information generated from those processes. The information society is a new type of society developing in countries with high level of technology development. Information management, its quality and speed of transmission are important factors of competition in industry, trade and services that influence the economic development, including the real property market, significantly (Scientific Research Committee, Ministry of Communication of the Republic of Poland RP 2001:62). Real property market development is dependent to a significant extent on the basic stimuli of the economy: appropriately organised space, flow of information and government and territorial government administrations functioning appropriately. In the real property market four basic subsystems can be identified: for trading in the rights to real property, for investing in real property, for real property management and for real property financing. The subsystem for transfer of ownership rights to the real property is the most important of them. In Poland, we can identify two institutions that register rights to the real property and allow identification of the real property in space. Those are the register of land and buildings and the register of land and mortgages. This paper aims at identifying whether the information, in particular the data describing the object and the subject of the real property, in the register of land and buildings is consistent with the data in the register of land and mortgages and as a consequence forms uniform and harmonious information on the real property. Podlaskie voivodship, a region in north-eastern Poland was the area covered by the study. Land real properties without buildings and structures were the subject of the study. Information sources. Register of land and buildings The register of land and buildings is the information system of fundamental importance in widely understood land use. The system is an important tool allowing appropriate land management and securing safety of trade in real property (Zwirowicz K.).
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In Poland the register of land and buildings is governed by the Act Geodesic and cartographic law and it means the uniform for the entire country, systematically updated set of information on land and buildings, their owners and other individuals and legal entities holding those lands and buildings. The register records the spatial and descriptive data concerning objects: parcels, buildings and premises. The register is maintained for the individual register units that are municipalities; the unit is divided into areas and then the parcels. The register of land and buildings encompasses the data concerning the: - land: its location, borders, area, types of land use and their soil class, identification of the register of land and mortgages or sets of documents, if they have been established for the real property a part of which such land forms, - buildings: their location, intended use, utility function and general technical data, - premises: their location, use functions and usable area. The register of land and buildings also reveals the: owner, and in relation to land owned by the state and territorial government other individuals or legal entities holding the land and buildings or parts of them; place of residence or registered address of the above-indicated holders, information on including the real property in the register of monuments. The register is a set of data in the form of the register map and the register files as well as documents supporting the entries, so-called registration documentation. The system is maintained in the computerised form and the maps are in the digital format. Registers of Land and Mortgages The Register of Land and Mortgages is the nest source of information concerning the real property. In Poland the Register of Land and Mortgages is the system recording the legal status of real property as concerns the material and other rights, limitations and claims. The Register of Land and Mortgages is governed by the Act on the Register of Land and Mortgages and Mortgage of the 6th of July 1982, Regulation by the Minister of Justice of the 18th of March 1992 on implementation of the provisions of the Act on the Register of Land and Mortgages and Mortgage and the Act of the 14th of February 2003 on migration of the register of land and mortgages to the structure of the computerised register of land and mortgages. Revealing the legal status of the real property and stabilisation of ownership structure, and as a consequence protection of trade in real property is the basic goal of the Register of Land and Mortgages. Registration of rights takes place on the base of the real property identification obtained from the register of land and buildings; currently the real property identification has the format of the description and map but in the future the real property identification can take a different format. The Register of Land and Mortgages is established and maintained for each individual real property and limited material rights. It is linked to the real property and not the person of the owner; it is maintained for the individual real property independent of the owner change. Maintaining the Register of Land and Mortgages is within the competences of the district courts (the Register of Land and Mortgages division) that allocate numbers to individual registers according to the sequence of registration. The Registers are established on application by the real property owner. Maintaining the Register of Land and Mortgages involves maintaining the files. Those files contain all the documents and other letters that form the base for entries. The Register of Land and Mortgages and the files are maintained by the archives of the District Court. In Poland the Registers of Land and Mortgages are maintained in the following formats: - analogue in the written form, according to the set template, on forms covering the individual sections of the Register, - digital as the information system; the Register of Land and Mortgages is input into the system which allows reviewing it at the website http://ekw.ms.gov.pl/pdcbdkw/pdcbdkw.html (after entering the Register number) or at computer stations in the district courts. According to the Polish law provisions, the Register of Land and Mortgages consists of four sections: I. the objective section: identification of the real property and entry of the rights related to ownership of it; II. the subjective section: entries concerning ownership and perpetual usufruct; 35
III. the encumbrances and limitations section: entries concerning limited material rights excluding mortgages, entries on limitations in disposal of the real property or perpetual usufruct and entries of other rights and claims. IV. the mortgage section: entries concerning mortgages. The Register of Land and Mortgages files also include abstracts from the register of land and buildings, copies of register maps, register of buildings and premises, administrative decisions, court decisions and other documents influencing the real property legal status. The Register of Land and Mortgages in Poland is operated on the presumption of truth and warranty of the public trust meaning that in case of divergence between the legal status of the real property revealed in the Register of Land and Mortgages and the actual legal status the content of the Register will decide to the benefit of the person that by means of the legal action with the authorised person, according to the contents of the Register acquired the ownership right or other material right. Referring to the Decision by the Supreme Court of the 10th of October 2007 (ICSK 230/07 lex No. 517977) it is worth mentioning that the data from the register of land and buildings represent the base for determination of the real property in the Register of Land and Mortgages and not the other way round. The change of the subject related to a given real property are revealed in the register of land and buildings on the base of the Register of Land and Mortgages while identification of the real property in the Register of Land and Mortgages should be consistent with the data reflected in the register of land and buildings. It is also worth pointing out that the area of the real property is determined on the base of the register of land and buildings and not on the base of the Register of Land and Mortgages. In the reasons for the judgment by the Voivodship Court of Administration of the 12th of April 2010 in case IV SA/Wa 366/10 it was pointed out that the determination of the area in section I of the Register of Land and Mortgages serves identification of the real property only. The land area entry in the part real property identification in section I of the Register of Land and Mortgages is not covered by the presumption of truth and is not protected by the warranty of public trust related to the Register of Land and Mortgages. In case of divergence of it and the data in the register of land and buildings the correction should take place in proceedings related to the Register of Land and Mortgages. Own studies The legal studies were conducted on the sample of 100 land properties without buildings. The study used the data originating from the Register of Land and Mortgages maintained by the District Court in Suwaki (Podlaskie voivodship) and data from the register of land and buildings extracts from the register of land and buildings originating from the County Administration Office in Suwaki. The study consisted of conducting the comparison of the data contained in the Register of Land and Mortgages in two sections (the objective one and the subjective one) with the data contained in the extracts from the register of land and buildings. Stage one of the studies involved finding the data of land real properties that were objects of trading in the real property market. On the base of the known numbers of parcels a review of extracts from the register of land and buildings was conducted at the County Administration Office in Suwaki. Next, the content of the Register of Land and Mortgages for the analysed land real properties was reviewed. The study concerned land real properties without buildings. The analysis covered the following data: - real property owner, - legal status, - land real property identification. The results are presented in table 1 specifying the differences between the data contained in the register of land and buildings and the Register of Land and Mortgages.
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Table 1. List of differences between the data from the Register of Land and Mortgages and the data from the register of land and buildings
Data Examples of differences Register of Land and Mortgages Register of Land and Buildings concerning the real Jan W. State Treasury property owner Comment: according to the Register of Land and Buildings the owner is the State Treasury while a natural person is registered in the Register of Land and Mortgages. Zenon K. Zenon K. Anna K. There is just a sole owner registered in the Register of Land and Mortgages while in the Register of Land and Buildings two owners are registered State Treasury State Treasury, Agency of the Agricultural Property of the Agricultural Property Agency State Treasury Comment: outdated name of the owner in the Register of Land and Mortgages concerning the legal Sawomir S. and Anna S. Sawomir S. status 1/2 share holder spousal ownership defined by family law Anna S. 1/2 share holder The Register of Land and Mortgages reveals spousal ownership while the Register of Land and Buildings the ownership in shares of one half each is revealed Marian T. 1/3 share holder Marian ST. 1/2 share holder Joanna T. 1/3 share holder Joanna T. 1/2 share holder Kamila J. 1/3 share holder The Register of Land and Mortgages reveals three owners while the Register of Land and Buildings just two. Additionally there is a difference between the shares in the property ownership between the registers concerning land real land parcel identification number 524 land parcel identification number 524 property country county number 6 identification area 1050 m2, area 950 m2 Location Wasilkowo Location Wasilkowo The parcel area registered in the Register of Land and Mortgages is different than that revealed in the Register of Land and Buildings land parcel identification number 6412 land parcel identification number 6410 The Register of Land and Mortgages shows a different parcel number than the Register of Land and Buildings land parcel identification number 256/3 land parcel identification number 2352/2 area 1890 area 2140 The Register of Land and Mortgages shows a different parcel number and area than the Register of Land and Buildings land parcel identification number 11/2, 11/3 land parcel identification number 11/2,11/3, 45 area 3450 m2 area 3540 m2 The Register of Land and Mortgages shows different numbers of parcels than the Register of Land and Buildings land parcel identification number 8952 land parcel identification number .. area 3054 m2 area 3054 m2 The Register of Land and Mortgages shows no parcel number land parcel identification number 85 land parcel identification number 85/2 The Register of Land and Mortgages shows a different number of the parcel than the Register of Land and Buildings Source: Authors own study
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The analysed materials (extracts and Registers of Land and Mortgages) showed in 10 Registers of Land and Mortgages different information concerning the owner than the information recorded in the register of land and buildings. Differences concerning the legal status were encountered in 8 cases. The highest number of differences in the data occurred in the land property descriptions. The differences concerned the following issues: different area, different parcel number and lack of consideration for the real property divisions made (Zysk E. 2009). Among the analysed cases the situations were also encountered where the data concerning one land real property contained a number of differences, e.g. some owners were not listed, the parcel number was wrong and inappropriate parcel area was recorded. Achievement of full consistency is not simple because it requires analysing the entire land survey documentation and it represents a time consuming and expensive task. On the other hand, the offices maintaining the registers do not want to make changes stating that the application should be lodged by the interested party itself (the real property owner). The issue becomes even more complicated when the owner is dead and no inheritance proceedings was conducted (Zysk E. 2009). Among the analysed cases there were also real properties for which the State Treasury was entered as the owner but there was no mention concerning the document on the base of which such an entry concerning the ownership right was made. In the publication ,,Dokumentacja geodezyjnokartograficzna dla drg a kataster nieruchomoci [Geodesic-cartographic documentation for roads and the cadastre of the real property] the authors, Grzechnik B., Marzec Z., refer to the differences I have indicated and point out at the problems and difficulties that appear during gathering the data necessary for road investment projects planning. They draw attention to a number of cases where the State Treasury was entered as the owner without indicating the ownership title and without the Office possessing that document in its set of documentation. The authors indicate how numerous such cases are and point out at the need for solving them as they stop the investment projects and trade in real property. It is also worth considering the causes for such a situation where so important and frequent differences are encountered between the two registers. What do they result from? Below is the graph presenting the sources for differences between the registers.
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the differences in the legal status revealed in the register of land and buildings and the Register of Land and Mortgages are most frequently consequences of the following: - real property division, including division as a consequence of the inheritance proceedings - absolute decisions, - court decisions, - copies of notary deeds, - change of surname, - acquisitive prescription, - change of the legal status, e.g. from perpetual usufruct to ownership, - abolition of joint ownership, - expropriation.
arrears in data change input: - purchase of the real property from the State Treasury (new owner was not recorded), - change of the subject as a consequence of the inheritance proceedings, - change of the name of the institution, - change of surname.
errors in numbering of parcels observed in the Register of Land and Mortgages resulting from, e.g. mergers and exchange of land and renewal of the register of land and buildings.
not considering in the Register of Land and Mortgages of the changes in location of the real property resulting from changes in, e.g. street name as a consequence of a resolution by the council of the municipality or town or numbering of areas of the recording units as a result of the renewal of the register of land and buildings.
Fig. 1. Sources of differences between the data in the Register of Land and Mortgages and the register of land and buildings Source: own work
Scope of the necessary data Comparison of the data from the register of land and buildings and the data from the Register of Land and Mortgages indicates lack of consistence of the data in those two registers. The data contained in those registers as possessing the quality of the warranty of the public trust should be consistent to the highest extent possible. The issues of convergence between those two registers should be solved as quickly as possible to secure safety of trade in real property, because of the INSPIRE implementation and acceleration of procedures related to expropriation of real property for construction of roads.
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What actions should be taken by the agencies in harmonisation and improvement of convergence between the registers? First of all elimination of writing errors at the time of data input to both registers should take place. The currency and accuracy of the data that is input of changes on current bases, verification of data, informing the owners about the existing differences should be the next step. Quality and level of detail control should take place at every stage of data input and update. Implementation of standardisation allowing efficient use of the available information resources and verification of the data as concerns the spatial and legal aspects should be the next stage. Harmony and convergence of data, i.e. the data uniformity standard should be the next step. In case of data gathered in public registers that issue should be the priority. Data uniformity can be obtained through integration of the register of land and buildings system with the Register of Land and Mortgages system by undertaking the following actions (Kulka A. et al.): - implementation of uniform standards of data identifying land real properties; elimination of writing errors and inappropriate numbers of parcels (in most cases the Register of Land and Mortgages contains old numbers while the register of land and building contains new numbers generated following consecutive modernisations), - matching the coverage areas of the register of land and buildings and the district courts maintaining the Registers of Land and Mortgages, - revealing limited material rights, including land and personal easements in the register of land and buildings, - update of data in the register of land and buildings by including the new numbers of the Registers of Land and Mortgages resulting from informatization of the system. It is also worth stressing that the works concerning convergence and uniformity should be completed as rapidly as possible considering poor technical status of some analogue documents media (e.g. maps, register files). It may happen that in the future elimination of erroneous data or revealing the causes for differences may be very difficult if the primary data become hard to read or not available. Conclusion The register of land and buildings is one of the fundamental public registers in the information infrastructure of the state. A significant proportion of the data contained in the register of land and buildings, in particular the data concerning the parcels, is of primary and reference character for other public registers, first of all the Register of Land and Mortgages. The data input into the register of land and buildings, the scope of the data recorded, the currency of the data, consistency with the actual status influence the quality of the data in the Registers of Land and Mortgages. And vice versa, the data input/recorded in the Register of Land and Mortgages influence the quality of the data in the register of land and buildings. Both registers are of major importance for functioning of the State, enterprises and citizens. Analysis of cases shows large differences between the descriptive part of the Register of Land and Mortgages and the data in the register of land and buildings. Given that, the register does not form strictly uniform and harmonious information on the real property. Polish legislation, including the geodesic and cartographic law of the 17th of May 1989 (as amended) provides the data harmonisation definition as activities of legal, technical and organisational character aiming at achievement of mutual convergence of those sets and their adjustment to common and joint use. It is worth pointing out here that modernisation of the existing register of land and buildings and its transformation into the cadastre of real properties would facilitate collaboration and harmonisation with other public registers, including the Register of Land and Mortgages, which would undoubtedly offer measurable benefits to the citizens and the economy. The process of harmonisation is a highly complex, time consuming and difficult undertaking not only in the technical aspect but also in the organisational one. Success in those categories depends not only on the assumed technical solutions but, first of all, the appropriate organisation and legal regulation, including the exchange, migration and standardisation of data. The above activities should be the priority to assure security of trade in real property, presumption of trust of the Register of Land and Mortgages as well as currency and reliability of the data in the cadastre of real properties.
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References
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Grzechnik B., Marzec Z.: Dokumentacja geodezyjno-kartograficzna dla drg a kataster nieruchomoci. Warszawa 2010. Kulka A. , Matela W., Pietrzak L., Radzio W., Zaremba S., Prawne umocowania konwersji danych geodezyjnych i odpowiedzialnoci za nie. Warszawa 2010. Referring to the Decision by the Supreme Court of the 10th of October 2007 (ICSK 230/07 lex No. 517977) Report:(Scientific Research Committee, Ministry of Communication of the Republic of Poland RP 2001:62) Warszawa 2000. Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa z dnia 29 marca 2001r. w sprawie ewidencji gruntw i budynkw. (Dz. U. z 2001 r. nr 38 poz. 454) Rozporzdzeniu Ministra Sprawiedliwoci z 18 marca 1992 roku w sprawie wykonywania przepisw ustawy o ksigach wieczystych i hipotece. (Dz.U. Nr 29, poz. 129) The reasons for the judgment Voivodship Court of Administration of the 12th of April 2010 in case IV SA/Wa 366/10 Ustawa z dnia 14 lutego 2003 roku o przenoszeniu treci ksigi wieczystej prowadzonej w systemie informatycznym ( Dz.U. nr 42 poz 363) Ustawa o ksigach wieczystych i hipotece z dnia 6 lipca 1982 roku. (Dz. U. z 2001 r. Nr 124 poz. 1361 ze zm). Ustawa Prawo geodezyjne i kartograficzne z 17 maja 1989 r. (Dz. U. z 2000 r. nr 100, poz. 1086 i nr 120, poz. 1268 z pn. zm.) Zwirowicz K.: Wybrane problemy ekonomiczno-techniczne wykorzystywania danych ewidencyjnych na potrzeby zwizane z uytkowaniem ziemi. Studia i Materiay Towarzystwa Naukowego Nieruchomoci, Olsztyn 2010. Zysk E.: Analysis of the information necessities of rural area development, Doctoral Thesis, Olsztyn 2009.
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WAYS OF MANAGEMENT OF MARGINAL LANDS IN POLAND WITH RESPECT TO THE SUSTAINABLE DEVELOPMENT RULES
Katarzyna Sobolewska Mikulska Warsaw University of Technology Department of Cadastre and Land Management 00-661 Warszawa, Plac Politechniki 1, Poland e-mail: k-mikulska@02.pl Tel.: +48 605 349 136 SUMMARY The paper presents the rules of implementation of the sustainable development in rural areas of less favoured cultivation conditions, resulting from legal and technical circumstances. The scope of implementation of programmes performed in the frames of the Rural Areas Development Programme for the period 2007-2013, with consideration of the environmental protection rules, will be also discussed. The rules of sustainable development with respect to implementation of environmental-andagricultural programmes in NATURA 2000 areas, as well as the issues of afforestation of marginal lands in Poland will be presented. The paper will also discuss the possibilities of alternative use of marginal lands, towards support for multi-functional development of rural areas. INTRODUCTION After integration of Poland with the European Union, restructuring of the agriculture became the development necessity. The priority was to specify the areas of less favoured conditions for development of the agriculture. In Europe, the first LFA areas (Less Favoured Agriculture Areas) were determined as early as in 1975 in Belgium and in Italy. Since then, the European Commission for the Agriculture specified and modified the rules of determination of the LFA areas in particular member states. The system of delimitation of such areas was, and it still is, connected with the system of cofinancing due to the less favoured agriculture areas. In the process of delimitation of less favoured agricultural areas the natural, as well as the economic-and-social factors are considered. The natural factors are determined for such parameters, as: the average elevation of the area above the sea level, the terrain slope and the slope direction. The economic-and-social factors allow for considering the productivity of agricultural areas, the population density index and the profitability of farms. In the EU states, in the process of delimitation of less favoured agricultural areas, specific features of particular regions in member states, are considered. The scope and criteria of delimitation may vary, depending on social-economic and environmental conditions. In Poland, criteria of delimitation of the LFA areas were based on the Resolution of the European council no. 1257/1999 of May 17, 1999 and agreed with the Ministry of Agriculture and Food Economy. During the discussions, the following natural factors were determined for Poland: 1. climate conditions and the terrain relief, 2. the soil quality and their potential productivity. The social-economic factors include: 1. age and the level of education of farm owners, 2. the direction of production and expenses for the agricultural production, 3. the main source of incomes of farms. Basing on the above factors, the Polish less favoured agricultural areas are the mountainous and lowlands, as well as areas characterised by specific natural difficulties. The basic objectives of the systematic determination of the LFA areas in the EU states, is the necessity to maintain: 1.
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1. the continuity of the agricultural land use and, therefore, the maintenance of the vitality of rural areas, 2. landscape values of rural areas, 3. the sustainable development, with consideration of environmental protection aspects. Locations of these areas in Poland, by particular municipalities, are presented in Fig. 1.
Poza ONW outside LFA, strefa I ONW 1st zone of LFA, strefa II ONW 2nd zone of LFA, ONW o specyficznych LFA with specific difficulties, strefa grska ONW mountainous zone of LFA, obszary miejskie... areas of cities outside LFA
Fig. 1. Less favoured agricultural areas in Poland. Source: The Institute of Soil Science and Plant Cultivation in Puawy.
The objective of the work is to analyse the possibility to implement the sustainable development idea for rural areas, within the LFA areas and to determine legal-and-technical procedures, allowing for implementation of these objectives. 2. THE RULE OF SUSTAINABLE DEVELOPMENT OF RURAL AREAS IN POLAND The document titled The coherent structural policy of development of rural areas and the agriculture, approved for implementation by the Council of Ministers in 1999, recognised activities undertaken for the needs of environmental protection, biodiversity and landscapes as the type of services provided by a farmer for the society and established the additional possibilities of work in farms, as well as it will increase the landscape and natural values of agricultural areas. The adoption of those trends for agricultural and rural areas, in particular the LFA areas, will influence the creation of new directions of development, including ecological agriculture and agro-tourist development. This will also result in the necessity to solve the issues related to management of marginal lands and to introduce changes of the structure of the agricultural production in polluted areas, from the food production onto the production for industrial purposes. The investments, serving for environmental protection purposes, include, among others, activities, which are performed for: 1. improvement of the quality of waters, 2. protection of soil resources, 3. small retention of water, 4. maintenance of landscape values and the cultural heritage of rural areas.
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For many years the sector of agriculture was in Poland the source of pollution and verious forms of environmental degradation. The current conditions are also unsatisfied and many aspects of the environmental protection required activities performed at the large scale, in particular reference to soil and water resources, waste management and protection of the animated nature and landscapes. Such development of tasks for the rural areas is connected with the introduction of activities related to the environmental protection, in its wide sense. For the agriculture and for the rural areas it will mean the implementation of the sustainable and multifunctional development ideas. The politic-and-financial tool in this respect are, among others, environmental-and-agricultural programmes implemented in Poland, which are particularly important for the less favoured agricultural areas. 3. CHARACTERISTICS OF LESS FAVOURED AREAS IN POLAND The sustainable development of rural areas and the financial support for farms in the LFA areas aim at ensuring the possibility to continue agricultural activities and utilisation of lands basing on the environmental friendly rules, and, at the same time, at supporting other, non-agricultural functions. Following the Main Statistical Office, the size of LFA areas in Poland exceeds 9.2 million hectares, being 56% size of arable lands in Poland. According to conditions of determination of the LFA areas, specified for Poland and discussed above, those areas include: mountainous areas, lowlands and areas characterised by special difficulties. The Rural Areas Development Programme for the period 2007-2013 is one the instruments of financial support for farms located in areas, where the agricultural production is difficult due to less favoured natural conditions. Equalising subsidies for farms, located in mountainous areas and in other areas of less favoured agricultural conditions, compensate the existing difficulties, comparing to farms, which are located outside the boundaries of the LFA areas. The following areas were distinguished in the process of delimitation of mountainous areas and other areas of less favoured agricultural conditions: 1. mountainous areas where the agricultural production is difficult due to less favoured climate conditions and the terrain relief; mountainous areas include municipalities and register districts, where more than 50% arable lands are located higher than 500 m above the sea level, 2. lowlands where the agricultural productivity is limited due to the poor quality of soils, less favoured climate conditions, less favoured water conditions, the terrain relief and low demographic index, as well as high level of participation of inhabitants connected with the agriculture. Two zones were distinguished within those areas; 3. areas with specific natural difficulties they include municipalities and register districts in piedmont areas, which were distinguished for the needs of the act on the agricultural tax of 1984 19 and such areas, where at least 50% of arable lands are located higher than 350 m above the sea level. Additionally such municipalities should be characterised by least two of the following features: 4. the average size of farms equal to less than 7.5 hectares; 5. soils are hazarded by water erosion; 6. the participation of farms, which discontinued the agricultural production, is higher than 25% of all farms; 7. participation of permanent green areas is higher than 40% in the land use structure. The above rules of delimitation of the LFA areas and the system of subsidies, connected with these activities, is directed towards the support for farms located in such areas, where the agricultural production is difficult due to the less favoured conditions. Such activities counteract the marginalisation of the discussed areas and reduce the development disproportions. 4. THE ENVIRONMENTAL-AND-AGRICULTURAL PROGRAMME AS THE FORM OF PROTECTION OF LFA AREAS The objective of introduction of environmental-and-agricultural programmes, within the Rural Areas Development Programme, is to promote the agricultural production systems, implemented in agreement with the environmental requirements, mainly by counteractions against water and soil pollution and limitation of water erosion. For the less favoured agricultural areas, the environmental-
19
The act on the agricultural tax (Dz.U. z 1984 r. No. 52, item 268, with later amendments)
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and-agricultural programme is particularly important in the field of implementation of the following packages: ecological agriculture, protection of soils and water, buffer zones, afforestation of lands. Ecological agriculture The terms ecological, organic or biological used with reference to the agriculture are equivalent terms, what was legally approved by the Resolution of the EEC Council 2092/91. They mean the system of farming, which activates the natural production mechanisms, by utilisation of natural, non-processed means, ensures the permanent soil fertility and salubrity of animals and the high biological quality of food. Utilisation of ecological farming also in the field of herb- and fruit- farming is the alternative for the conventional agriculture and it should be promoted and widely applied in the LFA areas. Protection of soils and waters Protection of soils is mainly connected with counteractions against water erosion (mainly in mountainous areas of diversified terrain relief) and wind erosion (in open lowlands). The best way to protect soils, including marginal soils, is to cover them with vegetation either cultivated plants or introduction of afforestation or bushes. Protection of soils is related to water management. The main source of pollution which penetrates to surface soils are rural areas, where chemical preparations are widely applied. This means, that the following activities should be considered as the water quality protecting activities, which are also related to faming: - prohibition of disposal of wastes produced in a farm, to a water stream, - establishment and maintenance of at least 5 meter of the protection area, covered with turf, and free of fertilising, - maintenance of the vegetation cover, - fencing pastures. The above activities are closely related to environmental protection actions and with the agricultural landscape management, performed by introduction of high vegetation. Buffer zones The buffer (protective) are elongated belts of vegetation, established in order to reduce water pollution or to counteract erosion and to increase the biodiversity of arable lands. The width of such zones was determined in environmental-and-agricultural packages 20 as 2 or 5 meters. The basic task of such belts is to isolate arable fields from edges of escarpments, a ditch or a water stream and they are highly effective form of water protection against pollution. The buffer zones should be also established inside arable fields as inter-field balks; their role relies upon reduction of erosion and diversification of the agricultural landscape. The length of a buffer zone should not be smaller that 50m and it should not cover with the boundary of fields not greater than 20 hectares. Land afforestation Afforeststaion of lands, performed within the Rural Areas Development Programme is also one of the factors of improvement of the natural environmental conditions and they aim at increasing the size of forests by afforestation of lands, used by farms. Implementation of this programme aims at changes of land utilisation of, first of all, poor soil classes, as well as lands, other than agricultural fields (forest management of unused arable lands or other fallow lands). In the Polish conditions it is a very important element, since the Polish agriculture excessively uses lands of low usefulness, which are sensitive to erosion and water pollution, for the agricultural production. In such conditions afforeststation of lands is highly recommended and consistent with the implementation of the sustainable development of rural areas. The objectives of afforestation include, among others:
The national Environmental-and-Agricultural Programme for the period 2007-2013 Action 4. Support for environmentaland-agricultural activity and improvements in well-being of animals.
20
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Increase of size of forests by afforestation, Maintenance and strengthening the ecological stability of forested areas by reduction of fragmentation of forest complexes and creation of ecological corridors, Increase of participation of forests in the global balance of coal and limitation of climate changes. Environmental-and-agricultural programmes also assume the possibility of afforestation of lands other than rural fields. It is a way to manage unused arable lands or other fallow areas, for which afforestation is the rational way of management (e.g. protection against erosion). The possibility to utilise the natural succession within such areas is assumed. In order to participate in the financial support by the farmers, the following requirements should be met: Afforestation of arable lands may be performed on arable lands, which are used as arable lands and orchards, located outside the NATURA 2000 areas, unless the planned afforestation remains in conflict with protection plans or plans of protection tasks for those areas, Afforeststaion of lands other than arable fields may be performed on fallow arable lands and on other fallow lands, which require protection against erosion, located outside the NATURA 2000 areas, Afforestation may be planned on areas assumed for afforestation in local spatial development plans or on the basis of records in the study of conditions and directions of the spatial development of a municipality, The minimum size of afforested areas equals to 0.5 ha, with the minimum width of the afforested parcel greater than 20 m, (providing that these requirements are not applied if the lands border with a forest and their size is equal to at least 0.1 ha). In the case of an application submitted by a group of farmers, the total area for afforestation must be equal to 2 hectares in one outline, The maximum area of lands to be afforested, applied in the period of the programme for 20072013, by one agricultural producer cannot be greater than 100 hectares. 5. SYNTHETIC EVALUATION OF PROPERTY MANAGEMENT IN LFA AREAS According to the legal bases included in the Resolution of the Council No 1257/1999, with reference to the rules of delimitation of less favoured agricultural areas and to the guidelines in the field of implementation of the idea of sustainable development of rural areas, the following list was prepared (table 1), which presents the relations between particular types of the LFA areas and methods of management of properties being the farms. The ways of implementation of proposed solutions, mainly in the process of spatial planning, as well as implementation of surveying works, appropriate for rural areas, and first of all land consolidation and land exchange and division of parcels, are also presented in this Table.
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Table 1. Synthetic list of possibilities of farming in LFA areas in Poland with respect to sustainable development. The authors own work. Possibilit Name of Features of the Environ.-andPossibilities to Legal and ies of the LFA LFA area agricult. manage LFA technical sustaina area Programme areas procedures ble package develop ment YES/NO Resolutions of Ecological Location of arable Ecological spatial agriculture lands above the sea agriculture planning Afforestation of Terrain relief Protection of Land lands Climate (length of soils and water YES consolidation Delineation of the vegetation Afforestation of works parcels for agroperiod, falls, lands Division of tourist temperature) properties development Soil quality (parent (e.g. car parking rock) places, camping Size of arable parcels places) High-input Maintenance production and introduction of extensive green areas Resolutions of Ecological Ecological Soil quality spatial agriculture agriculture (complexes of planning Afforestation of Protection of agricultural Land lands soils and waters usefulness) YES consolidation Delineation of Buffer zones Climate (length of works Afforestation of parcels for agrothe vegetation Division of tourist lands period, falls, properties development temperature) (e.g. car parking Terrain relief places, camping (intensity of slope, areas) differences of Management of elevations, parent agricultural rock, terrain landscape by roughness) afforestation, Water relations (soil along water profile, complex of streams and the agricultural between fields, usefulness, terrain increase of the relief) terrain roughness Environmental protection by modernisation of farms Lowlands Mountainous areas
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Lokation piedmont areas (terrain relief, heights differences) Small size and high distribution of farm Low effectiveness of the agricultural production of farms Areas of specific difficulties
Ecological agriculture Protection of soils and waters Buffer zones Afforestation of lands
Ecological agriculture Afforestation of lands Delineation of parcels for the agro-tourist development (e.g. car parking places, camping areas) Management of the agricultural landscape by introduction of afforestation, along water streams and between fields, increase of the terrain roughness Environmental protection by modernisation of farms Improvements of the spatial structure of farms
Resolutions of spatial planning Land consolidation and land exchange works Division of properties
YES
As it may be seen from the above table, only mountainous areas cause the difficulties in the full utilisation of the lands and solutions, which are ensured by the environmental-and-agricultural programmes. Remaining areas, allow to much larger extent for implementation of the sustainable development, ensured by these programmes. 6. FINAL REMARKS AND CONCLUSIONS The less favoured agricultural areas cover more than 50% of arable lands in Poland. Therefore, management of such areas is the economic and the environmental necessity. Such large areas cannot be left without political, decisive and financial support, which will ensure the possibilities to live and work for the owners of farms located in the discussed areas. The rules of delimitation of the LFA areas, developed on the basis of regulations obligatory in the EU and in Poland, create the possibility of alternative utilisation of these areas than the traditional agricultural production. Such possibilities, as, for example, ecological agriculture or afforestation of lands are reasonable, also from the point of view of the sustainable development of rural areas. However, in order to implement them, the cooperation in the field of spatial planning, with simultaneous implementation of surveying works, is required. Only such approach to this difficult issue will have the chances of successful implementation. Planning decisions made at the municipal level must be adopted in land consolidation and land exchange works at the level of register districts. Implementation of these works will allow for improvements in incorrect structure farms, which in Poland creates additional difficulty in the way of utilisation of lands within the less favoured agricultural areas.
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7. REFERENCES 1. Program Rozwoju Obszarw Wiejskich na lata 2007 2013., The Rural Areas Development Programme 2. 3. 4. 5.
for the period 2007-2013, Dokument Ministerstwo Rolnictwa i Rozwoju Wsi Rozporzdzeniu Rady Wsplnot Europejskich nr 1257/1999 z 17 maja 1999 r. dotyczce obszarw o niekorzystnych warunkach gospodarowania, Resolution of the European Council No. 1257/1999 of May 17,1999 concerning the less favoured areas. Spjna polityka strukturalna rozwoju obszarw wiejskich i rolnictwa. The coherent structural policy of development of rural areas and the agriculture, Dokument przyjty przez Rade Ministrw w 1999 r. Warszawa Ustawa o podatku rolnym z 1984; The act on agricultural tax of 1984, (Dz. U. z 1984 r. Nr 52, poz. 268, z pn. zm.) Krajowy Program Rolnorodowiskowy na lata 2007 2013 dziaanie 4. Wspieranie przedsiwzi rolnorodowiskowych i poprawy dobrostanu zwierzt. The national Environmental-and-Agricultural Programme for the period 2007-2013 Action 4. Support for environmental-and-agricultural activity and improvements in well-being of animals.
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M-ESTIMATION IN THE ALS CLOUD POINT FILTRATION USED FOR DTM CREATION
Waldemar Kamiski Institute of Geodesy University of Warmia and Mazury in Olsztyn Poland Abstract This paper presents the subject of the M-estimation usage in filtration of the cloud points gained from the Airborne Laser Scanning (ALS) measurements for Digital Terrain Model (DTM) creation. Mestimation is mostly identified as a robust estimation to eliminate the observations suspected of gross errors from the data sets. This idea can be used in the filtration of data gained from ALS. As it is commonly known, the filtration of ALS cloud points relies on the separation of the set of points which show the situational details from the points reflected from the Earth surface. The situational details can then be treated as contaminated observations and used in the ALS data filtration process. To achieve this goal, both the function of the weight coefficients belonging to the M-estimation proposed by the Huber as well as its modification were used. The new method enabling the DTM creation is presented as well. The proposed method is based on the rule of M(split) estimation. The presented examples of practical application encourage the conduct of further, more detailed theoretical and empirical research. Key words: airborne laser scanning, cloud points, filtration, digital terrain models 1. Introduction Airborne Laser Scanning is a modern measurement technology which enables acquisition of large sets of data, usually referred to as a point cloud. An ALS point cloud with the coordinates X, Y, Z requires pre-processing before being used, for example, in the development of a DTM. Among the processes that the pre-processing involves are filtration or segmentation (classification) of the measurement set. The literature of the subject provides a number of algorithms that have been proposed which enable filtration or segmentation of a point cloud. These include, for example, morphological filters [e.g.: Zhang et al., 2002, Vosselman, 2001], gradient methods [e.g.: Hyypp et al., 2002, Wack, Wimmer, 2002], modelling active surfaces [e.g.: Elmqvist, 2002], linear predication [e.g.: Pfeifer et al., 2001], interpolation by spline curves [e.g.: Brovelli et al., 2002], the active TIN model method (TIN = Triangular Irregular Network) [Axelsson, 2000]. The issue of filtration has also been dealt with by Kraus, Pfeifer, 2001, Marmol, Jachimski, 2004. This study provides a detailed analysis (in the context of point cloud filtration) of the methods comprising M estimation. M estimation is usually equated with estimation robust to gross errors which may occur in measurement results (deviating observations, contaminated observations). It is commonly known that robust methods of alignment involve elimination from a set of data of those results which are suspected of being contaminated with gross errors. The property can be used in the filtration process and those points which are images of situational details or points reflected from vegetation (high, medium height, low) and which are not part of the topographical area of the terrain can be regarded as deviating. On the other hand, the data after filtration can be regarded as points reflected from the terrain area and used in DTM development. The issues of the robust methods have been discussed in: [e.g.: Hampel 1973, Huber 1981, Kamiski, Winiewski, 1994, Kraus, Pfeifer 1998, Borkowski Jkw 2006, Jkw 2007,]. In recent years, a new method of working out measurement results, referred to as Msplit(q) estimation and belonging the M-estimation category (Winiewski 2009, 2010) has appeared in the literature.
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This study shows the results of the filtration process with the use of Hubers weight coefficient function, which is one of M-estimations, as well as a modified form of the function. The results of filtration by the Msplit method have also been presented. ALS data filtration by Hubers method. As stated earlier, there have been many algorithms of ALS data filtration described in the literature. In general, filtration can be carried out based on the results of a direct measurement as well as based on observations transformed by interpolation methods. The filtration procedure in this study was carried out based on the measurement results. In order to apply M estimation to work out the results of measurement obtained by the ALS method, one needs to adopt the appropriate functional model. For example, it can be the following functional model: 2.
x + c x y + e x y 2 + v +b y i + d xi2 yi + f i zi = a i i i i i
n the number of cloud points The relationship (1) can also be expressed as
i=1,,n
(1)
+v z = AX
where: parameters,
(2)
1 1 A= M 1
x1 y1 x1 y1
M M M
x12 y1
M
2 y2 x2 y 2 x2 y 2 x2
2 xn y n xn y n xn yn
can be calculated by employing the principles of robust The estimated parameters of a polynomial X estimation [e.g.: Hampel 1973, Huber 1981, Kamiski, Winiewski, 1994, Kraus, Pfeifer 1998, Borkowski Jkw 2006, Jkw 2007]. In robust estimation, the weights of observation, pi
i /m v (i=1,2,n), whose corrections v i ( v i := v ( P -1 A ( A T PA ) 1 A T ) i ,i ) do not i , where m v i =
belong to a previously specified admissible interval <-c; c> are modified by a certain dampening function. In working out ALS data, it is more justified to use the term buffer zone to refer to the interval <-c; c>. The buffer zone separates observations qualified as situational details from those qualified for DTM development. This paper presents the results obtained with Hubers weight coefficient function [Huber 1981], which has the following form:
1 w( v i ) = c v sgn(v i ) i
i=1,,n.
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The weight coefficient function modifies the weights of pi. The procedure results in equivalent weights pi determined from the following equation:
p i = p i w( v i )
(4)
By using the principle of robust estimation, estimated polynomial coefficients can be obtained by carrying out the following iterative procedure:
l = ( AT P l 1A) 1 AT P l 1z X
(5)
in which: P = Diag ( p1 , p2 ,..., pn ) - is an equivalent matrix of weights, l=1, 2,, - the number of iteration. The iterative procedure is completed when the assumed accuracy of the parameters is achieved. The starting point of the iterative process is usually the results obtained by the least squares method 0 =X NK . (LS) : X 3. Filtration of ALS data using modification of Hubers function. The principles of robust estimation, including the form of the weight coefficient, can lead to problems with achieving a satisfactory solution in filtration of ALS data. The problem applies to a symmetrical function of weight coefficients, determined by the relationship (3). The property important in the process of estimation has a negative effect on the process of data filtration. The idea is presented in Fig. 1. When the point cloud covers a large number of situational details, the symmetrical buffer zone can distort the regularities of the final solution and, consequently, the filtration process. The distortions concern the possibility of discarding deviating observations, which can include both points belonging to the terrain surface and to objects founded on it.
estimated surface
Therefore, the algorithm presented above needs to be modified. The modification involved creation of a unilateral buffer zone. Carrying out the calculations according to formula (5), with a unilateral buffer zone, ultimately results in a sub-set of points intended for creation of the DTM, as well as a subset of the other points, qualified as terrain details, building structures or vegetation, etc. Such a method of calculations is illustrated in Fig 2.
discarded points
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Msplit(q) estimation Mspit(q) estimation is based on the assumption (Winiewski 2009, 2010) that a set of observations li=l1,,ln, (i=1,,n; n number of observations) is an unrecognised mix of m random variables (m=1,,q) with expected values E{li }1 = a i X (1) , E{li }m = a i X (m) , E{li }( q ) = a i X (q) (ai known row of coefficients, Xm - vector of unknown parameters). Assuming that a cleavage potential, understood as a possibility of it belonging to one of m random variables, can be assigned to each observation, Winiewski introduced an optimisation criterion Msplit. Therefore, each observation li with a traditional functional model li = E{li } + vi = a i X + vi , has m competitive functional models
4.
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5.
Examples of practical applications 5.1 Hubers method Fig 4. presents a fragment of a point cloud obtained from ALS measurements. The scan was made during a helicopter flight with the speed of around 50 km/h at the height of around 70 m. The subset of LiDAR data used for digital tests contains 15,000 points.
Fig. 4 A point cloud from ALS measurement (Blaszczak et al. 2010a) The tested large dataset comes from the Visimind surveying system
The following functional model has been used for practical analyses
x + c +b yi + vi zi = a i
i=1,,n
(7)
The weight coefficient function, previously determined as (3), has been used in calculations. c=2.0 has been adopted for numerical calculations. Fig. 5 shows the results of filtration employing Hubers weight coefficient function. The points which have been deleted in filtration are marked in red.
An analysis of Fig. 5 reveals that not all the points which are situational details were deleted in the filtration process. This inconvenience can be eliminated by the modified Hubers method with a unilateral buffer zone. 5.2 Modified Hubers method Fig. 6 presents a different cloud, made available by VISIMIND and containing about 30,000 points.
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Fig.6. A point cloud from the ALS measurement (Blaszczak et al. 2010b)
The point cloud shown in Fig. 6 has been filtered with unilateral Hubers function (with c=2.0). The results are presented in Fig. 7. The points which have been removed in the filtration process are marked in red.
An analysis of data shown in Fig. 7 reveals higher effectiveness of the proposed algorithm in elimination of points which do not belong to a topographic surface. The red points, most of which represent terrain details, have been eliminated from further analysis. 5.3. Msplit(q) estimation Fig. 8 shows a set of points (Idaho Geospatial Data Clearinghouse, University of Idaho Library http://inside.uidaho.edu/geodata/LiDAR/) analysed by the Msplit method. The analysed set contained 7344 points.
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Filtration of a point cloud by the Msplit method can be interpreted in two ways. One of them is a qualitative method. The notation means that a DTM is created based on the values of
, c , b parameters (for a selected functional model) obtained by estimation. The other is a quantitative a
method. It involves preparing histograms of corrections and using it as a basis for division of the point cloud into two sub-sets. Fig. 9 shows the results of filtration by the Msplit method for a solution by the qualitative manner. One may remark that the approach results in a DTM determined by a strictly determined mathematical function (a plane in this case). 6. Summary In the nearest future, maps will be created by the ALS method. Currently, there is no properly developed method of filtration of point clouds. Each method of filtration has its advantages and disadvantages. The robust estimation presented in this study is one of the few possibilities of working out sets of data for DTM creation, which have been described in the introduction. Obviously, this paper does not discuss the issue in a comprehensive manner. It only touches on the possibility of using robust estimations in the process of filtration of a cloud of points obtained from ALS measurements.
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REFERENCES:
1. 2. 3. 4. 5. 6. Axelsson P., 2000: DEM generation from laser scanner data using adaptive TIN models. International Archives of Photogrammetry and Remote Sensing Vol. XXXIII/4B, Amsterdam. Baszczak Bk W., Janowski A., Kamiski W., Rapiski J., 2010a: Modification of Lidar Point Cloud Processing Methodology. Sydney The XXX FIG General Assembly and Working Week, Sydney 13.05 17.05 2010.CD. Baszczak-Bk W, Janowski A., Kamiski W., Rapiski J., 2010b: Proposition of modification of aerial laser survey point cloud processing methodology. Archives of Geomatics New technology and instruments in surveying. Str. 7-17, Gdask. Baszczak-Bk W, Janowski A., Kamiski W., Rapiski J., 2011: Mspilt(q) estimation in analyzing the results of observations obtained by airborne laser scanning technology. International Journal of Remote Sensing (in review). Borkowski A., Jkw G., 2006: Wykorzystanie wielomianowych powierzchni ruchomych w procesie filtracji danych pochodzcych z lotniczego skaningu laserowego. Archiwum Fotogrametrii, Kartografii i Teledetekcji Vol. 16. Str. 63 73, (in Polish). Brovelli M. A., Cannata M., Longoni U. M., 2002: Managing and processing LIDAR data within GRASS. Proceedings of the Open source GIS GRASS user conference, Trento.
7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.
Elmqvist M., 2002: Ground surface estimation from airborne laser scanner data using active shape models. ISPRS, Commission III, Symposium Photogrammetric Computer Vision, September 9-13, Graz, pp. 114-118. Hampel F. R. 1973: Robust estimation: A condensed partial survey. Z. Warsch. verw.Geb.27. Huber P. J. 1981. Robust Statistics. John Wiley and Sons. Hyypp J., Pyssalo U., Hyypp H., Samberg A., 2002: Elevation accuracy of laser scanning derived digital terrain and target models in forest environment. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV/ 3A, Graz. Jkw G. 2007: Moving polynomial in filtering of airborne laser scanning data. Report of the 2nd ISPRS WG VI/5 and SC 2nd Summer School, Ljubljana, Slovenia July 1-7th . Kamiski W., Winiewski Z., 1994: The method of growing rigor for the adjustment of geodetic observations contaminated by gross errors. Manuscripta Geodaetica, 19, pp. 55 61. Kraus K., Pfeifer N., 1998: Determination of terrain models in wooded areas with an airborne laser scanner ISPRS Journal of Photogrammetry and Remote Sensing, 53, 193-203. Kraus K., Pfeifer N., 2001: Advanced DTM Generation from LiDAR DATA. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV-3/ W4, Annapolis, MD, 22-24 Oct. Marmol U., Jachimski J., 2004: A FFT based method of filtering airborne laser scanner data. International Archives of Photogrammetry and Remote Sensing Vol. XXXIII/3, s. 1147-1152, Istanbul. Pfeifer N., Stadler P., Briese Ch., 2001: Derivation of digital terrain models in SCOP++ environment. Proceedings of OEEPE Workshop on Airborne Laser Scanning and Interferometric SAR for Digital Elevation Models, Stockholm. Vosselman G., 2001: Adjustment and filtering of raw laser altimetry data. OEEPE Workshop on Airborne Laserscanning and Interferometric SAR for Detailed Digital Elevation Models, Stockholm. Wack R., Wimmer A., 2002: Digital terrain models from airborne laser scanner data a grid based approach. International Archives of Photogrammetry and Remote Sensing, Vol. XXXIV / 3B, Graz. Winiewski Z. 2009. Estimation of parameters in a split functional model of geodetic observations ( Msplit estimation). Journal of Geodesy Vol. 83, pp. 105 120. Winiewski Z. 2010. Msplit(q) estimation: estimation of parameters in a multi- split-functional model of geodetic observations. Journal of Geodesy Vol. 84, No 6, pp. 355 372. Zhang K., Chen S., Whitmann D., Shyu M., Yan J., Zhang C., 2002: A progressive morphological filter for removing non-ground measurements from airborne LiDAR data. Journal of Latex Class Files. Vol. 1 (8).
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The Act: The Geodetic and Cartographic Law (Off. J, 2010, No. 193 item 1287 unified text) Decree of the Ministry of Regional Development and Building Industry on the register of lands and buildings (Off.J. No. 38, 2001, item 454)
22
21
58
Legenda legend, granica nieruchomoci property boundaries, dziaki ewidencyjne ... cadastral parcels included in a property Fig. 1. Sets of cadastral parcels separated from the space by means of boundary lines. Those parcels are separate properties (for example parcel 217) or they are the elements of a property (for example parcels 222, 224, 226, 227, 228).
In the reality, owners of the parcels (the properties) are often expecting that their boundaries are marked, in order to uniformly identify the property rights in the space. Such expectations accompany people since the moment when Homo Sapiens decided for the settled way of life. Then, the issue related to areas primarily occupied by particular tribes and then by individual members of those societies, was immediately experienced. The process of division of lands was started and Geodesy was born 23. John F. Brock from Australia the author of the paper titled Who Were the First Surveyors?, classified by the FIG as the best paper of March 2005, quotes the fragment of the instruction issued by the Egyptian Department of Surveys 1400 years before Christ, i.e. 3412 years ago: Do not remove boundary stones from fields and do not change the position of measuring tapes Amenhotpe, the son of Kanakht, Teaching, Section VI (about 1400 B.C.) *** When a suppliant arrives and states: our boundary marks have been removed, he/she must be allowed to have a look at information recorded and sealed by the responsible official, and, as the consequence, to recover what was taken away by the assembly, which removed the boundary marks (18th Dynasty, about 1400-1350 B.C.) Another discovery, pointing to the high importance of boundary marks in the Pharaohs state, was the Palermo stone. This boundary mark was made of the black basalt and its age is specified as 2350 B.C. (Fig.2).
23
Geodesy the work with the Greek origin: Ge- the Earth; daiomai-divide; Geodaisia Geodesy
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Fig. 2. The Palermo Stone is stored at the Archaeological Museum in Palermo, Sicily. The list of Egyptian sovereigns, since the pre-Dynasty period to the 5th Dynasty is engraved on the stone, using hieroglyphs.
Similar rules of marking boundary lines using boundary marks made of stone were obligatory in the ancient Chaladia; in the then existing Chaladian cadastre, which was the basis for the property right and the fiscal system. Boundary lines were marked by boundary marks, which were made of stone (Fig. 3).
Fig. 3 The Assyrian boundary stone (~2300 B.C.) on which property rights are the parcel size are engraved using cuneifom writing, together with incantations, which were to protect the property, boundaries and the owner.
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2. CADASTRE AND BOUNDARIES OF LAND PARCELS ON POLISH LANDS BEFORE THE REBIRTH OF THE REPUBLIC OF POLAND The cadastre has been established by two countries, on the part of the Polish lands: Austria (the southeastern part of Poland, the so-called, Galicia, was annexed by Austria as the result of partitioning of Poland) and Prussia, which annexed the northern and western parts of Poland. The area of Poland, in the borders after the year 1945, covered by the Austrian and Prussian cadastres, are presented in Fig.4.
Fig. 4. Coverage of the area of Poland with cadastral documentation of ex-Prussian and Austrian cadastres.
Granica pastwa- state frontiers, granica wojewdztwa voivodship boundaries, zasig katastru pruskiego extension of the Prussian annexation (approx. 40% of Poland), zasig katastru austriackiego extension of the Austrian cadastre (approx. 14% of Poland) Those cadastres considerably differed one from the other. The precursor of Austrian cadastre was the record of lands used by villeins, created in 1654, the so-called, first fiscal record (catastrum rollare) 24. The example of a fragment of the cadastral map of the ex-Galicia, of the 2nd half of the 19th century, at the scale of 1:2880, is presented in Fig. 5.
24
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Fig. 5 A fragment of the cadastral map, the Austrian cadastre, scale of the map 1: 2880
Boundaries of parcels, or the ground plots, i.e. the areas of the same land use forms by specified owners, were delineated by means of boundary points, which were not fixed by means of permanent boundary marks. The mathematical positions of boundary points was determined by means of x,y coordinates, calculated by means of the modern table survey method, with the use of a side rule with a telescope and a stadia range finder. The precursors of the Prussian cadastre, which was created on the Polish lands, were cadastres created in particular German States (Lands); the Napoleons cadastre, created in the first years of the 19th century (1807) also had the strong influence on the rules of creation and operation of the cadastre. The example of the cadastral map is presented in Fig. 6.
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Fig. 6. A fragment of the cadastral map with traverse points and boundary marks, the map scale 1:5000.
The characteristic features of the Prussian cadastre were marking of boundaries of parcels (ground plots) by means of permanent boundary marks and surveys of those boundaries performed by means of relations of survey lines based on the control network. Within the area of the territories annexed by Russia the cadastre was not established. The first geodetic operations aiming at separation of the peasant property, given by the ukase (in 1864) from adjoining properties were commenced in 1891, by creation of then existing maps at the scales of 1 : 4200 and 1 : 8400. Those boundaries were fixed by means of boundary mounds with timber piles; in some cases the boundaries were fixed by timber piles or stone marks only. A fragment of the map is presented in Fig.7. Boundaries between parcels of peasants were not marked by fixed boundary marks.
Fig. 7. A fragment of the map at the scale of 1 : 10 000 created in 1901 in the areas annexed by Russia.
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3. CADASTRE AND BOUNDARIES OF LAND PARCELS IN THE REBORN REPUBLIC OF POLAND In the period 1918-1939 works aiming at creation of a uniform cadastre for the entire area of the republic of Poland were continued. Changes of the Polish frontiers after the World War 2 (see Fig.4), the loss of timeliness of the Prussian and Austrian cadastres and missing cadastre for the remaining 46% of the territory caused the urgent demands for establishing the uniform cadastre for the entire country. Works concerning the uniform cadastre were commenced in 1956 but the related technical-andlegal regulations did not follow in some cases the current expectations concerning the property cadastre. Then, the main attention of works was paid to technical issues with much less attention paid to legal requirements. Determination of legal conditions of properties and cadastral parcels (with respect to subjects owners, and objects boundaries of spatial expansions of particular legal conditions) were performed on a limited scale. Boundaries of cadastral parcels were determined in various ways. In the process of delimitation of lands, according to regulations of the decree of September 13, 1946 on delimitation of properties, the following boundaries were established: Boundaries of particular parcels, regardless the possessor, being, at the same time, boundaries of register districts, Boundaries of state agricultural properties (state farms, PGR) and boundaries of the State Foprest Property the State Forests, as well as boundaries of other properties of the State Treasury, with the exception of the then existing State Land Funds. Simplified delimitation was allowed for properties of the State Treasury, basing on regulations of the decree of September 21, 1950 on delimitation of properties of the State Treasury or properties purchased for the needs of implementation of national economic plans. What refers to boundaries of parcels, which did not meet the above criteria, their boundaries were determined depending on location of those parcels (in rural or urban areas). Boundaries of parcels located in rural areas were determined basing on rules specified in the Decree of the Council of Ministers of June 4, 1956 on classification of lands. According to these regulations, the boundaries of parcels were determined at the presence of representatives of owners, or possessors of lands - three individuals elected at the meeting of owners or possessors, which was chaired by the representative of the local authority, without the obligation of presence on the land. Boundaries of parcels located in cities and settlements were determined with the participation of parties called to be present on the land, by the special notification, together with representatives nominated by the appropriate body if the local authority. Documentation related to determination of boundaries was the official record of the field determination of property rights. Determination of property rights was performed on the basis of documents presented by the parties and documentation possessed by appropriate official bodies. In the case when the mentioned documents were missing, the statement of a party, confirmed by representatives of a village, a settlement or a city, who participated in preparation of the official record on property rights and who were familiar with local conditions, was the basis for determination of the property rights. The described legal status of parcels in the cadastre established in Poland is not uniform; it is schematically presented in Fig.8
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Opis: Legenda legend; granice stanu prawnego legal status boundaries, granice stanu wadania boundaries of property rights, granica obrbu boundaries of a register district, granica PGR boundaries of a State Farm, granica nadlenictwa boundaries of a Forest District, granica dziaki boundaries of a cadastral parccel Fig.8. Boundaries of cadastral parcels, created on the basis of various decrees (1946, 1950), having various legal status.
The legal status of parcels in the Polish cadastre has been dynamically developed. The number of boundaries with settled legal regulations is increasing as the result of activities undertaken by the owners or the local administration bodies. In both cases the interested parties apply for: 1) Delimitation of properties, 2) Division of a parcel, 3) Land consolidation and exchange, 4) Land consolidation and division of properties, 5) Determination of a coast line in the case of cadastral parcels, which boundary line is the boundary with natural water streams. The lack of the obligation to mark the positions of boundary points with permanent marks made of stone or concrete is the disadvantage in the process of determination of boundaries of the legal status of cadastral parcels. The current regulations have assigned the decision in this field to owners of parcels, under the condition that the costs of introduction of permanent boundary marks instead of boundary points will be covered by the applicants.
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4. FINAL REMARKS 1. Boundaries of cadastral parcels are the key element of each system, which concerns the material rights. Those boundaries specify the physical extension of those rights in the field. Due to that reason, the high importance was assigned to boundaries, their location and markings, by ancient civilisations, strengthening the then existing systems of law by metaphysical factors, i.e. the religion. 2. In the Polish cadastre boundaries of parcels, their legal status and forms of marking are not uniform. This results from historical conditions, related to creation of the Polish cadastre on the basis of two cadastres, established in Poland, i.e. the Austrian and the Prussian cadastres. Those cadastres were different, mainly with respect to conditions of their creation. The roots of the Prussian cadastre origin from the cadastre which was determined by Napoleon (the, so-called, Napoleonic cadastre). Non-uniformity of boundaries in the Polish cadastre results from their diversification with respect to the legal status. In the Polish cadastre some boundaries have the status of boundaries of legal status, but other boundaries do not have such status. 3. The current needs related to property management, the increased sales of properties, require that the legal status is assigned to boundaries of cadastral parcels, which are created as the result of: a) b) c) d) 4. Division of properties, Land consolidation and exchange of lands in rural and forested areas, Land consolidation and division of properties in urban areas, Delimitation of properties.
The dynamic nature of changes of legal status of cadastral parcels results from initiatives of individuals, legal entities and bodies of the governmental and local administration.
The announced novelty of the Geodetic and Cartographic Law may promote the process of ordering the legal status of boundaries of cadastral parcels, similarly to activities which are performed in Austria, where the existing land cadastre is gradually transformed into the, so-called, boundary cadastre, which is only based on legal status of boundaries of parcels, with the obligation to mark boundary points with permanent (stone) boundary marks. 5. REFERENCES 1. Brock J.F.; Who Were the First Surveyors? Four Surveyors of the Gods: In the XVIII Dynasty of Egypt-New Kingdom c. 1400 B.C. 2. This paper has been prepared to the Workshop on History of Surveying to the held during the FIG Working Week/GSDI-8 Conference in Cairo, Egypt, April 16, 2005r. 3. Fedorowski W.; Ewidencja gruntw; Register of lands; PPWK, Warszawa 1974. 4. Rozporzdzenie Ministra Rozwoju Regionalnego i Budownictwa w sprawie ewidencji gruntw i budynkw; The decree of the Ministry of Regional Development and Building Industry; (Dz. U. Nr 38 z 2001 r. poz.454). 5. Ustawa Prawo geodezyjne i kartograficzne; The Law of Geodesy and Cartography; (DZ. U. z 2010 r. Nr 193, poz. 1287 tekst jednolity).
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selection / determination must be based on a set of N properties (properties similar to property acquired for public investments, which were sold) containing n real estate, N = {n1, n2, n3, ...,nn}, A set of attributes of m elements A = {a1, a2, a3, ...,am} and property prices c = {c1, c2, c3, ...,cn} as it will be used to determine the value of representative real estate. Selection / identification of representative properties therefore requires a certain arrangement of the comparative properties according to their attributes and prices. Multidimensional space of diagnostic variables (attributes of the property) is, however, difficult to interpret and organized, so it is necessary to bring it to a form which will enable the ordering original method. 3. Original method of initial (early stage) property valuation The solution to this problem would be to define a variable synthetic for the need of initial valuation methodology called the SYNTHETIC ATTRACTIVE METER OF ACQUIRED PROPERTY (SAMoAP). Synthetic variable SAMoAP idea is to replace the vector describing the features of a property by a scalar aggregate size, which is not only possible to compare and manage the property to each other but also allows reference to the size of the property value (the greater SAMoAPthe bigger value of the property). Determination of SAMoAP for each of the properties requires the prior determination of characters that have a significant impact on the value of the acquired property. Depending on market and availability of data the determination can be done with the use of the method of analysis and evaluation or statistical methods. Using statistical methods, however, one must remember that not all features are equally relevant to the subject matter of research and not all features should be included in the analysis. The selection of variables to a set of diagnostic features ought to be made according to the following criterion (Ostasiewicz, 1998): universality, variability, degree of correlation, validity. The implementation the determination phase of attributes that have a significant impact on the value of the property entails the presentation of their image in the form of a numerical goal for the formal grounds to perform arithmetic operations. Image can be obtained by applying the transformation Xj: N ->Rn which resulted in two-dimensional matrix of real estate described portion covered by the formula X = [xij]NXM in each of the lines X contains a numeric representation of real estate in the columns of Y and the numerical values of attributes. Although the intrinsic merit of the various aspects of the property plays a fundamental role in determining SAMoAP, the impact of each of them is not uniform. In order to determine the impact of the characteristics of the property value it is therefore necessary to introduce weighting factors, defined in an analytical way, or by the method of analysis of preferences. Therefore, the characteristics tend to have different titers and ranges, comparing them in this form is not possible. Opportunity shall be given after the - normalization, by which new projects are the characteristics of non-negative numbers and are located in a defined and well-known range of values (Sawiow, 2009). In order to meet the criterion of simplicity of the initial property valuation methodology one used the following normalization formula: where the normalized value of the features is the quotient of the value of this feature and its average value. The implementation of all stages of the procedure described above makes it possible to identify the comparative property SAMoAP. To do this it is necessary to determine the form of an aggregate
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formula. In the literature procedures for the appointment of synthetic indicators can be divided into two groups: pattern, non-pattern methods. The methodology presented in the initial valuation of the property proposed to use a non-pattern aggregate formula.
The main advantage of the formula was that it can be easily interpreted and prioritized.As a result of a comparative analysis of multidimensional the following vector is obtained q = [q1,q2,,qn], whose elements are realizations of synthetic features, allowing to determine the similarities in a set of similar real estate properties are used to designate a representative property (Pic. 1). Verification SAMoAP substantive value in the face of similar property prices should be the last of the stages of the procedure prior to the appointment of a representative property. Despite the fact that, theoretically speaking, higher values SMAPN should correspond to higher prices of comparative properties in practice must be reflected and may dictate the need for repeated analysis of the input data.
IDENTIFICATION OF CHARACTERISTI Statistical Methods Method of analysis and evaluation of the merits INTRODUCTION OF WEIGHTING FACTORS Analytical method Analysis of preferences NORMALIZATION OF CHARACTERISTI Quotient transformation IDENTIFICATION OF SAMoAP OF COMPARATIVE PROPERTIES DESIGNATION OF REPRESENTATIVE PROPERTY
Pic.1The procedure of the representative property determination Source: Authors own study
Successful completion of verification allows to determine the values and characteristics of representative real estate. The methodology presented in the initial property valuation, proposes designation it by average SAMoAP value determination of comparative properties and their prices. The proposed procedure for determining the representative properties of a as one of the twostep methodology to develop a preliminary valuation of the property was described below. Determination of the model representative property described by the SAMoAPand its value,is the first step in the initial valuation methodologyas a result of which a pattern used to determine the value of the acquired property is calculated. The next step is to determine the method for determining the value of the acquired property. The method of determining the value of the acquired real estate properties on the basis of representative property the was based on the assumption of proportionality of parameters describing the representative and valued property and their values of SAMoAP.
Where: SAMoAPRsynthetic attractiveness meter of representative property VR Value of the representative property SAMoAPA- synthetic attractiveness meter of acquired property VA-Value of the acquired property
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Determining the value of the acquired property is reduced to such a transformation of the above equality of quotients in which we get the search value:
Where: SAMoAPRsynthetic attractiveness meter of representative property VR Value of the representative property SAMoAPA- synthetic attractiveness meter of acquired property VA -Value of the acquired property The resulting value should correspond to the probable price of the property being acquired on the market. Determining the value of the acquired property SAMoAPas an essential element to determine its market value should be conducted in a manner analogous to the determination of the SAMoAPrepresentative property. Therefore it should be based on the same set of attributes that have a significant impact on the value of the property and should include the same values of individual weights normalized the same way. In the end should be calculated on the basis of the same aggregate formula. The above proposed preliminary property valuation methodology takes into account applicable laws and meets specific criteria before it is developing. It was assumed that it should be a tool to not only determine the value of real property acquired for the whole route in a relatively short period of time by one property expert (one team), but also take into account the mutual differences of individual properties. In order to verify the suitability of the methodology developed initial valuation was carried out its verification of the facilities selected.(Walacik, 2011) (Czaja, 2011) 4. Verification of the original method The object on which the verification of suitability of the developed preliminary property valuation methodology was conducted was the investments of public roads in the province of Warmia and Mazury - the construction of express road S-7, section Nidzica-Napierki. The investment made it necessary to regulate legal status of 385 parcels located within boundaries of four municipalities. Agricultural land constituted the dominant part of the structure occupied the land use for investment. The road also ran through a wooded area and a plot of land on which were located in residential buildings (4) and cottages (1). Verification of the developed methodology for the initial valuation was carried out based on the information contained in the register of real estate prices and values of one of the municipalities covered by the project - Nidzica municipality (urban-rural). Its scope was limited to the portion of the route located in four selvedges registration: Lithuanian, Olszewo, broadband, Zaluski and assumed the functions of the vast land in the entire investment - undeveloped properties used for agricultural purposes. Implementation of the route on this section was connected with the necessity to acquire 108 parcels, including 18 in full and 90 arising from the division.
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Pic.2A scatterplot ofthetimein real estate prices Source: Authors own study on the basis of RCIWN
Information on the acquired properties were obtained from the analysis of source materials provided by GDDKiA (Road Authorty) in Olsztyn, and field vision. Verification of the developed methodology required to develop appropriate information in the RCIWN therefore, in accordance with the appropriate procedure for a comparative approach described all of the agricultural real estate transaction prices recorded in the period 2008-2011 were brought to the valuation date using the ratio of changes in house prices (1.38 %) due to the passage of time. Coefficient determined using linear regression analysis (Pic. 2).
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Pic.3Picture of mapvalues(redmarkedtransactions) located in the Nidzica municipality Source: Authors own study on the basis of RCIWN
The reference point forunit values ofthe acquiredpropertyreceivedas a result ofthe initialvaluation of the propertywerethe propertyof individualunit valuesobtained bythe analysisperformedwith the help ofthegeostatistical-arcview-kreeginginterpolationmethod. Mapof the propertyforurban-ruralcommuneNidzica(excluding the area of the municipalityNidzicaand thesouthern part ofthe municipalityoccupied byforests)are shown inPic 3. Narrowing thearea of the mapvalues to theselvedgesregistrationverificationreceivedpictureofproperty valuesas shown inPic. 4
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Pic.4Picture of map ofthe value of landlocated in theselvedgesofthe verification. (blue color-dark tone-indicatedthe propertybeing acquired) Source: Authors own study on the basis of RCIWN
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Pic.5Chartacquiredthepropertyidentified on the basisof land valuemaps Source:Own calculations based onthemap values
The values ofthe acquiredpropertiesdeterminedwith the use ofthegeostatistical softwareprovided a benchmarkfor analysis of the resultsobtained with the use of initial valuati on methodology. Accordance to themethodologydescribedin the previous chapters of the paper the first step was to identifyaspects of the propertythat affect thevariationin their prices.The analysisdeterminedthe following set ofattributes describing thelocal market isundevelopedlandused for agriculture: X1- area -to3000m2(1), from 3001m2to6000m2(2), over 6000m2(3), X2 -Location - measured with the distance fromthe village: distance of over 3km (1), distancefrom 2km to3 km(2),a distanceless than2km (3) - x2, X3- Shape- regular(2), irregular (1) -x3. Fora particularfeaturesetsizeeffect on theprice differential-the weight (test method preferences of potentialbuyers): Area -20% -w1, Location -60% -w2, Shape -20% -w3. rating scalerangesand their characteristics.The information obtainedwas usedto describe thecomparativeproperties(Table 1).
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PROPERTY
Properties atributes Unit proce [gr] x1 x2 x3 Y 1 3 1 1 153 2 3 1 2 124 3 3 2 2 252 4 3 1 2 198 5 3 3 2 228 6 3 1 2 156 7 3 1 2 129 8 3 2 2 227 9 3 2 2 194 10 2 3 2 202 11 2 3 2 256 12 2 2 2 206 13 2 2 2 212 14 2 2 2 204 15 2 2 2 228 16 2 1 2 184 17 2 1 2 129 18 2 1 2 194 19 2 3 2 261 20 1 2 2 208 21 1 2 1 199 22 1 1 2 111 23 1 2 1 165 24 1 3 2 246 25 1 1 2 100 26 1 2 1 179 AVERAGE 2,04 1,81 1,85 190,19
Source: Authors own study
The next stagewas thenormalizationprocedure of describedcharacteristicsset of similarpropertiesand the inclusion of weightsof each. Itgave theweighted values ofthe characteristics of Table 2. Thetable also showsSAMoAP valuescalculated for eachof thecomparativeproperties.
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PROPERTY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Properties atributes SAMoAP x1 x2 x3 1,4717 0,5532 0,5417 0,8264 1,4717 0,5532 1,0833 0,9348 1,4717 1,1064 1,0833 1,2114 1,4717 0,5532 1,0833 0,9348 1,4717 1,6596 1,0833 1,4880 1,4717 0,5532 1,0833 0,9348 1,4717 0,5532 1,0833 0,9348 1,4717 1,1064 1,0833 1,2114 0,9811 1,1064 1,0833 1,0642 0,9811 1,6596 1,0833 1,3408 0,9811 1,6596 1,0833 1,3408 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 1,1064 1,0833 1,0642 0,9811 0,5532 1,0833 0,7876 0,9811 0,5532 1,0833 0,7876 0,9811 0,5532 1,0833 0,7876 0,9811 1,6596 1,0833 1,3408 0,4906 1,1064 1,0833 0,9170 0,4906 1,1064 0,5417 0,8087 0,4906 0,5532 1,0833 0,6404 0,4906 1,1064 0,5417 0,8087 0,4906 1,6596 1,0833 1,1936 0,4906 0,5532 1,0833 0,6404 0,4906 1,1064 0,5417 0,8087
Verification ofthe SAMoAPvalue ofthe comparative properties and their pricesconfirmed thecorrectnessofthe propertytaken. Propertycharacterizedby betterfeaturesachievehigher prices,and vice versa.Successful verification enabled determination of the representative property. Value of representative property: 1.77 PLN per m2 The value ofreal estaterepresentative SAMoAP: 0.9348 Clarifyand description of therepresentativeproperty bySAMoAP and its valuemade it possible tomove tothe next stage ofthe initialvaluation methodology- characteristicsof acquired properties.Taking into account the assessment criteria, theimportance of particularfeatures ofthe proposedalgorithms,normalizationandaggregationfor each ofthe acquiredpropertywas SAMoAP defined. The laststage of the procedurewasto establish thevalue ofacquiredproperty and show it in thepercentage comparison to the results obtainedfrom the map of values Pic. 6
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Pic.6The graphof the acquiredpropertyvaluessetbythe initialvaluationmethodologyandvalue of the propertydefinedon the basis ofmap of values. Source: Authors own calculations based on the map of values
The values ofthe acquiredpropertyresulting from the applicationof valuationmethodologydiffered fromthe initialvalue receivedfrom the application ofthegeostatisticalsoftware on average of 10%. The differencesin valuesresulted fromtakingaccount inthe initialvaluationthe attributes of particular properties.Propertywherethe difference wasthe greatest(69%) was the parcelof landlocatedwithin thebroadband, the registrationnumber65 andthe areabefore the transfer is0.7200haand0.5602haafter the transfer.The plot hadregular shapeand was located in the distance of about2.5 km.A significantdifference inthe value determinedby theinitialvaluationmethodologyresulted from the factthat the propertyat certainscales ofthe attributes - shapeand location,reached thehighest values.Propertywhere the differencewas smaller(0.1%) were the plot of landlocatedwithin thebroadbandSzerokopas. 5. Conclusions The GIS software and proposedmethodology ofthe initialvaluation of the propertyare toolswhich can accelerate public purpose investments. The initial valuation method was not onlywas basedon a simplemathematical modelbut also can beused byexpertsin thevaluation ofpropertiesdesignated for linearpublic investments. Verificationmethodologyhas confirmed thatthe value ofthe acquiredpropertiesare similar tothe probablepricepossibletoobtainin afree marketand thatcan be usedduring the preliminarypublic consultationcarried outduring theproceedingsschedulinga public investment.GIS software can easily be used in order to show the results of initial valuation.
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References Marzec Z., 2007,Warto nieruchomoci pod drog a "suszne" konstytucyjne odszkodowanie, XIX Sesja N-T pod hasem POLSKIE DROGI od pomysu do pozwolenia na budow, Nowy Scz. Aczel A., 2010,Statystyka w zarzdzaniu: peny wykad, Warszawa, PWN. Jwiak J. i Podgrski J., 2009,Statystyka od podstaw, Warszawa, PWE. Jajuga K. i Walesiak M., 2009,Klasyfikacja i analiza danych - teoria i zastosowania, Wrocaw, PWE. Mynarski S., 2000,Praktyczne metody analizy danych rynkowych i marketingowych, Krakw, Zakamycze. Czaja J. i Ligas, M., 2010,Zaawansowane metody analizy statystycznej rynku nieruchomoci, Olsztyn, TNN. Fory I., 2009,Wykorzystanie analizy wielowymiarowej do oceny potencjau rozwoju lokalnego rynku nieruchomoci mieszkaniowych. W S. . (red.), Studia i Materiay Towarzystwa Naukowego Nieruchomoci, Olsztyn, TNN. Jajuga K., 1993,Statystyczna analiza wielowymiarowa, Warszawa, PWN. Walesiak, M., 2002,Uoglniona miara odlegoci w statystycznej analizie wielowymiarowej, Wrocaw, Wydawnictwo AE we Wrocawiu. Adamczewski Z, 2005,Problemy identyfikacji obiektw i algorytmw powszechnej taksacji nieruchomoci w Polsce, Przegld Geodezyjny. Ostasiewicz W., 1998,Statystyczne metody analizy danych, Wrocaw, Akademia Ekonimiczna. Sawiow E., 2009, Zastosowanie metod wielowymiarowej analizy porwnawczej dla potrzeb ustalania wartoci katastralnej. Walacik M., 2011, Opracowanie zasad ustalania wysokoci susznego odszkodowania za nieruchomoci przejte na cele publiczne, Rozprawa doktorska, Olsztyn. Czaja J., 2011, Recenzja rozprawy doktorskiej pt. Opracowanie zasad ustalania wysokoci susznego odszkodowania za nieruchomoci przejte na cele publiczne mgr in. Marka Walacika.
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1. PARAMETRIC MODEL ESTIMATION If the number of transactions (transaction prices) is higher than the unit prices number for each building and other urban estates installations and their attributes accepted for market analysis and estates valuation, than unit prices and weight coefficients estimation will be based on Gauss-Markov parametric model. If we define the following symbols as
CTj
Si the area of every i-element (parcel, parcel parts having defined soil classes, flat or building usable
areas or whole building),
- the weight coefficients of attributes accepted for urban estates valuation, then the parametric model for unit prices and attributes will get the following formula
(1)
The estimated parameters in this formula are the unit prices coefficients
the weight coefficients s of elaborated attributes. The set of equations (1) written as the matrix, for similar estates transaction prices takes the following form:
(k )
CT 1 S11 C S T 2 = 21 M M C S j1 T j
S12 S22 M S j2
a12 a22 .. a j2
(2) where - indices 1i point out elements of similar estates elaborated group, - indices 1s point out similar estates elaborated attribute, - indices 1j point out the following number of similar estates sell transaction number. The set of equation above has solution in real numbers if the transaction number (j) is higher than number (i + s), that describes number of estates elaborated elements and attributes. After using block matrices notation, equation set (2) has the following form:
[ c ] {CT } = {[ S ] [ a ]} + { T } [ k ] ,
(3)
where:
{CT } - transaction prices vector, for whole estates, [ S ] - rectangular vertical matrix, containing areas of elements for elaborated estates, [ a ] - rectangular vertical matrix, containing attributes of elaborated urban estates, {c} -unit prices vector for elaborated estates corresponding elements,
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[ k ] -weight coefficients vector for elaborated attributes, {T } - vector of random remainder (differences between transaction prices and model values).
The estimators of vector
k ] [c and vector
1
S T S S T a [ S ]T ] [c = T T {CT } T k [ a ] a S a a
(4)
deviation
k ] [c and vector , the vector of random remainder After including the estimators of vector
{ } = {C } {[ S ]
The remainder variance will have the formula of
T
2 0
] [c [ a ]}
( )
k .
(5)
2 0 =
j R {[ S ]
{} {}
[ a ]} .
1
(6)
(7) Making the analysis of variance for transaction prices vector for whole estates (3) we may find the covariance matrix of
S T S S T a ] [c 2 o Cov = T T k a S a a .
2 0 { I } {[ S ] Cov =
{}
S T S S T a [ a ]} T T a S a a
{[ S ] [ a ]}
(8)
2. THE CALCULATION OF MARKET VALUE FOR URBAN ESTATES We can make the assessment of any estates market value from analyzed market using parameters estimated with formula (4). If we valuate the urbanized estate, which include parcel and buildings of known areas, these quantities may be written as the one row parameters matrix (9) The market attributes of valuated estate may be set together as the one row matrix, too
S = S1 S 2 ... Si .
[a ] = a1 a2 ... a j .
(10)
After taking into account estimated unit prices i and weight coefficients value of elaborated urban estate can be expressed by the formula below
(c )
(k j )
] [c WR = S a [ ] k .
(11) 81
The variance of estimated (using formula (11)) market value for urbanized estate can be defined including covariance matrix (7) as follows
(12) The symmetric confidence interval for urban estates estimated market value will be calculated from its standard deviation ( (WR )) and the quantile of Students distribution (t (1 / 2); u )) , for confidence level and u degrees of freedom. It is presented in formula (13)
S T ] [c S a T (WR ) = [ ] S [ a ] Cov k T a [ ] .
2
t WR = WR (WR ) t (1 / 2; u ) .
(13)
3. CONDITIONAL MODEL PARAMETERS ESTIMATION The transaction number is often smaller than number of elaborated elements for estates being rarely subject of trade, so applying conditional model of unit prices for estates elements is necessary for the estimation process. To divide transaction price into separate estates parts prices on criteria of their destination in local spatial plan and type or function of buildings, it is necessary to set equations for each estates group. Generally, the equation has the following formula
%1 + 1 ) + S2 (c %2 + 2 ) + ... + Si (c %i + i ) = CT S1 (c
These symbols are explained below:
(14)
CT the transaction price of elaborated estate, Si the area of every i-element (parcel, parcel parts having defined soil classes, flat or building usable
areas or whole building),
%1 S2 c %2 + ... Si c %i S1 1 + S2 2 + ... + Si i = CT S1 c .
(15)
T M and model price This equation constant term is the difference between transaction price of deliberated real estate. The model estates price is calculated from areas multiplication products and approximated unit prices particular estate values. So the formula has the following form
(C )
(C )
%1 + S2 c %2 + ... + Si c %i CM = S1 c . %) (c
(16)
The estates prices conditional model application is going to give proper results only if the appropriate estates components prices approximations i have been calculated earlier. The estates components prices vary for different real estates markets. Coefficients of mutual proportion for estate elements unit prices can make the reference level for differing estates markets. The proportion coefficients of estates elements unit prices structure can be delivered from replacement value analysis. In order to achieve it, the average replacement values for unit of estates element and then coefficients of mutual proportion should be elaborated. All this ought to be done not only for each building type, but land as well. The coefficients
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price should be delivered earlier. When elaborating these values some specifics of local markets should be taken into account. The approximated values following procedure: -
the value of coefficient i should be found for each element of elaborated estate (land and other elements) and the replacement value should be taken into account, the multiplication results of area element of elaborated estate, the sum of multiplication results
(u )
j the coefficient of prices range should be calculated for every elaborated estate. It is the result from dividing the transaction price by the sum of multiplication results. The formula stands as follows
(U )
Uj =
S
i
CT j
ji
u ji
(17)
(U j )
condition is not satisfied, the values of coefficients the exceptional estates values should be omitted, j the delivered minimal value of coefficient model prices range for elaborated estates group,
(U ) (U min = U M )
%i ) (c unit prices of estates elements makes the multiplication results of (u ) (U M ) of model prices range coefficients i elaborated for estates elements and coefficient %i = ui U M c .
(18)
Applying calculated values (18) we may find model constant term (15), for which we obtain the following formula
%1 S2 c %2 + ... Si c %i = CT CM CT = CT S1 c .
(19)
When taking (19) into account, the conditional model of elements unit prices for elaborated estates having known transaction price will stands as follows
S1 1 + S2 2 + ... + Si i = CT .
(20)
The set of equations (20), formulated as a matrix for several transaction prices will have the formula
S11 S 21 M S j1
(21)
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where - indices 1i point out elements of similar estates elaborated group, - indices 1j point out the following number of similar estates sell transaction number. The conditional model that is shown as a set of equation (21), have the solution when the transaction number (j) is smaller than number of elaborated elements (i). The random remainders i of approximated values i for estates unit prices are the estimated values of this model. The set of equations (21) have the following form in the matrix notation
( )
%) (c
{SW } { } = {C} ,
where
(22)
{SW } orthogonal horizontal matrix that consists of elaborated estates area, { } random remainders of approximated values for estates elements unit prices, {C} matrix made of results of subtraction between transaction and approximated model prices for
E {SW } { } = {0} E [ ] = 0
the whole estates. The set of equations meets assumptions of Gauss-Markov model, so . (23)
{} and vector {c } of estates elements unit } ) { ( prices and remainder variance estimator , the covariance matrix of vector and the covariance
i
matrix of vector
i } {c
{} = {S } ({S
T W
} {SW }
{ C }
i = c %i + i c
2 0
(24) (25)
} {} { =
T
T 2 0 Cov = {SW }
{}
({ S
W T
}{SW }
(26)
1
{SW }
2 } = 0 Cov {c { I } {SW }
({S
}{SW }
(27)
{SW }
(28)
The estimated unit prices of estates elements meet the assumptions of conditional models for the transaction prices of whole deliberated estates. The proposed method can be used for agricultural, forest or real estates of any kind. The ratio of land value to building or other objects value does not matter.
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4. RECAPITULATION Parametric and conditional models presented in the paper are applied for real estates transaction prices into unit prices separation. Unit prices correspond to real estates elements or elements delivered from transaction of real estate containing parts having different price creating parameters. Such separation enables full application of information included in documents with transaction data in real estate market analysis. Moreover, it enables using this information for similar real estates market of fiscal value estimation.
REFERENCES
1. 2. 3. Czaja J., Parzych P., Szacowanie rynkowej wartoci nieruchomoci w aspekcie midzynarodowych standardw wyceny, Stowarzyszenie Naukowe im St. Staszica, Krakw, 2007, (published in Polish) Czaja J., Parzych P., Analiza stanu rynku nieruchomoci w czasie, Finansowanie Nieruchomoci nr 2 (11), Warszawa, 2007, (published in Polish) Parzych P., Modele estymacji wartoci rynkowej lub katastralnej nieruchomoci zurbanizowanych, rolnych i lenych, AGH Rozprawy monografie nr 195, Krakw 2009, (published in Polish)
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PRELIMINARY WORKS ON LEADING POLISH CADASTRAL MODEL INTO CONFORMANCE WITH LADM
Jarosaw Bydosz AGH University of Science and Technology Al. Mickiewicza 30, 30-059 Krakw Tel.: +48 12 617 22 67 Fax.: + 48 12 617 45 88 e-mail: bydlosz@agh.edu.pl 1. INTRODUCTION The ISO 19152 Land Administration Domain Model has been developed by Technical Committee 211 (Geographic Information) of International Organization for Standardization. At the same time, although independently the new model of Polish cadastral system is being prepared. According to the INSPIRE directive (article 7) the international standards that are in favour for harmonisation of spatial data sets shall be taken into account in the development of implementing rules, so the purpose of this paper is to evaluate the compliance of Polish cadastral model with Land Administration Domain Model as a future standard. That includes preliminary conformance tests. 2. LAND ADMINISTRATION DOMAIN MODEL Works concerning ISO 19152 Land Administration Domain Model (LADM) are conducted since FIG congress, that took place in Washington in 2001. In the beginning, the LADM was called the Core Cadastral Domain Model. In 2008 FIG proposed Land Administration Domain Model in the Technical Committee 211 of International Organization for Standardization (ISO). Land Administration Domain Model received status of Draft International Standard in December 2009. The works on LADM has been conducted and it has the status of Final Draft International Standard registered for formal approval, now. The final version of LADM is expected later on this year and the publication of Land Administration domain Model as ISO 19152 standard will probably take place in 2013. The Land Administration domain Model is also proceeded in European Committee for Standardization (CEN). The Land Administration Domain Model is a descriptive standard. It provides the reference model that is supposed to serve two purposes (LADM, 2012). One is providing the extensive basis for development and refinement for efficient and effective land administration systems, based on Model Driven Architecture. The other is to enable involved parties, both within one country and between different countries to communicate. The Land Administration domain Model purpose is to: define a reference model, covering basic information related to components of Land Administration (including those over water and land and above and below earth surface), provide terminology for Land Administration, based on various national and international systems, that is simple, useful in practice and enables description of both different formal and informal practices and procedures in various jurisdictions, provide the basis for national and regional profiles, enable the combination of land administration information from different sources in a coherent manner. The Land Administration Domain Model is a conceptual schema, written with Unified Modelling Language (UML) notation. It is performed according to ISO 1900 series standards methodology. The Land Administration Domain Model is based on four basic classes (fig. 1).
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Fig. 1. Basic classes of the LADM (source: (LADM, 2012)). They are as follows: Class LA_Party, where instances of this class are parties Class LA_RRR. Instances of LA_RRR subclasses are rights, restrictions and responsibilities. Class LA_BAUnit, where instances are basic administrative units. Class LA_SpatialUnit having spatial units as instances. Totally, the Land Administration Domain Model consists of 48 classes. The classes of Land Administration Model begin with letters LA. These classes are organized in three packages and one subpackage (fig. 2). They are: Party Package, Administrative Package, Spatial Unit Package, Surveying and Spatial Representation Subpackage. The Party Package comprises classes applying to parties, its types and its role in land administration system functioning and its updating. The Administrative Package includes classes concerning real estates and corresponding rights, restrictions and responsibilities. The Spatial Unit Package consists of classes concerning spatial elements such as land parcel, building, utilities networks and attributes describing them (area, volume, geometry and so like). Surveying and Spatial Representation Subpackage is the Subpackage of Spatial Unit Package. It includes classes concerning elements like boundary points, boundary, transformation and information sources.
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Fig. 2. The LADM overview of (sub)packages, with their respective classes (source: (LADM, 2012)).
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3. THE MODEL OF POLISH CADASTRAL SYSTEM The Polish cadastral system is defined by the Order of Ministry of Regional Development and Buildings in case of Cadastre for Grounds and Buildings (Order, 2001). The new order (Order, 2012) that is in the final draft version defines the model of Polish cadastral system. The Unified Modelling Language is used for describing schemas and Geographic Modelling Language as basic data exchange format. The Polish cadastral model contains 59 classes. The classes of Polish cadastral model begin with letters EGB. Relations between classes are presented on twenty one diagrams. For organizational purposes these classes are grouped in 7 thematic packages. The names of packages are as follows: Objects, Parties, Rights To Properties, Address, Boundary Point, Lease and Legal Basis. The application schema of Polish cadastral database is presented on figure 3.
Fig. 3. The application schema of Polish cadastral database (source: (Bydosz J., Gd K. (2011)- updated after publication) 4. INSPIRE DIRECTIVE The European Union countries are obliged to implement the Directive establishing an Infrastructure for Spatial Information in the European Community (INSPIRE, 2007). Chapter III of the directive concerns interoperability of spatial data sets and services. According to the article 7 of the Directive, implementing rules laying down technical arrangements for the interoperability and, where practicable, harmonization of spatial data sets and services, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted. The international standards that are in favour for the harmonisation of spatial data sets shall be taken into account in the development of implementing rules. Moreover, where organizations established under international law have adopted relevant standards to ensure interoperability or harmonization of spatial data sets and services, these standards shall be integrated, and the existing technical means shall be referred to, if appropriate, in the implementing rules mentioned in this paragraph.
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5. PRELIMINARY CONFORMANCE TEST Although both the ISO 19152 Land Administration Domain Model and Polish cadastral model are in their final draft versions, the author decided to perform some preliminary conformance test. Any land administration domain model claiming conformance to future ISO 19152 should satisfy the requirements given in Annex A, that is the Abstract Test Suite (LADM, 2012). The conformance tests should give an answer if the Polish cadastral model is conformant with the LADM in terms of package and level. Such tests can answer the question if specific data sets of Polish cadastral model are conformant with corresponding LADM packages. Each test may take the following values: conformant, not conformant or not evaluated. Three conformance test are specified in LADM for every package. The packages may be level 1 (low level), level 2 (medium level) and level 3 (high level) compliant. The test method in (LADM, 2012) is performed to examine the application schema of the implementation under test (in this case Polish cadastral model), including class, attribute(s), and associations definitions. This can be done either by showing inheritance structure between the LADM and the tested model (elements) or showing mapping of elements between the LADM and the tested model. The author decided to choose the latter. The attempt was made to perform level 1 test of Polish cadastral model against Land Administration Domain Model. The results are presented below. The Polish cadastral model have different packages then the Land Administration Domain Model. In the beginning, the general testing according to LADM were performed by the author. According to (LADM, 2012) the LADM package is level 1 compliant if: Party package. If LA_BAUnit is implemented, the implementation package under test contains at least one class conformant with the definition of LA_BAUnit and which has all mandatory attributes and association roles of LA_BAUnit. Administrative package. First, the implementation package under test contains at least one class conformant with the definition of VersionedObject and which has all mandatory attributes and association roles of VersionedObject. Second, if LA_Party is implemented, then the implementation package under test contains at least one class conformant with the definition of LA_Party and has all mandatory attributes and association roles of LA_Party. Spatial Unit package. If LA_Right is implemented, then the implementation package under test contains at least one class conformant with the definition of one of the specializations of class LA_Right and has all mandatory attributes and association roles of LA_Right. LA_SpatialUnit - if LA_SpatialUnit is implemented, then the implementation package under test contains at least one class conformant with the definition of LA_SpatialUnit and has all mandatory attributes and association roles of LA_SpatialUnit. Testing the LA_BAUnit conformance The class EGB_JednostkiRejestrowe was chosen for conformance test with LA_BAUnit class. The results of test were presented in the table 1. LA_BAUnit Name (The name of the basic administrative unit) Type (The type of the basic administrative unit) uiD (The identifier of the basic administrative unit) LA_Party LA_SpatialUnit LA_RRR (at least one of them) Attributes Nazwa FeatureType idJednostkiRejestrowej Associations For example EGB_JednostkaRejestrowaGruntow Not directly to EGB_Dzialka Not directly to EGB_PrzedmiotDzierzawy EGB_JednostkiRejestrowe
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A we can see the EGB_JednostkiRejestrowe has all mandatory attributes of class LA_BAUnit. It also has all mandatory associations, although not explicitly, which is allowed in the test. The EGB_JednostkaRejestrowaGruntow class of Polish cadastral model is a corresponding class to LA_Party (a party may be a basic administrative unit). There is also association of class LA_RRR to EGB_Dzierzawa, that is type of a right. This association is not explicit. It goes through classes EGB_JednostkaRejestrowaGruntow, EGB_Dzialka, EGB_PrzedmiotDzierzawy and then to EGB_Dzierzawa. Checking the implementation of VersionedObject in Polish cadastal model The Polish cadastral model does not have the class like VersionedObject. The versioning is realized by attributes startObiekt, koniecObiekt, startwersjaObiekt, koniecwersjaObiekt there. So, there is not possible to perform that test. Testing the LA_Party conformance There are some other classes of Party package implemented in the Polish cadastral model, but the class LA_Party is not directly implemented. So, there is not possible to perform that test. Testing the LA_Right conformance The Polish cadastral model does not have the class corresponding to class LA_Right, for the limited number of rights is the part of Polish cadastre. Mostly, rights are subject of Land Register in Poland (Bydosz, 2012). So, there is not possible to perform that test. Testing the LA_SpatialUnit conformance The class EGB_DzialkaEwidencyjna was chosen for conformance test with LA_SpatialUnit class. The results of test were presented in the table 2. LA_SpatialUnit EGB_DzialkaEwidencyjna Attributes area ( The area of the 2D spatial unit) powierzchniaEwidencyjna dimension (The dimension of the spatial No such an attribute, but default is two, as polish unit) cadastral system is 2D system. extAddressID (The link to external identyfikatorRejonuStatystycznego address(es) of the spatial unit) label (Short textual description of the dodatkoweInformacje spatial unit) referencePoint: The coordinates of a point geometria (optionally reference point (centroid)) inside the spatial unit suID (The spatial unit identifier) idDzialki surfaceRelation (Indicates whether a spatial Not applicable as Polish cadastre is 2D system unit is above or below the surface) volume (The volume of the 3D spatial unit) Not applicable as Polish cadastre is 2D system Associations LA_SpatialSource No such an association, but there is an attribute geometria that feels some the requirements of LA_SpatialSource
Table 2. The results of conformance test of class LA_SpatialUnit against EGB_DzialkaEwidencyjna.
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6. RECAPITULATION Both the Polish model and Land Administration Domain Model are not binding regulations yet so we cannot be sure if all classes will be a hundred percent the same like in draft versions of Polish cadastral model and Land Administration Domain Model. The LADM covers the whole land administration system, while there are two systems in Poland (the Cadastre for Grounds and Buildings and the Land Register). The great part of LADM, especially rights, restrictions and responsibilities are included in the Land Register and are not or are slightly represented in Cadastre. There is twenty diagrams describing the Polish cadastral model. It results in some technical difficulties during conformance tests. All this factors cause that the result of this test is not one hundred percent sure. But the general idea to perform this was based on two purposes. First, it was to make general assessment of Polish cadastral model conformance with LADM. The second purpose is to go through the procedure of conformance test. It can be helpful if we decide to perform the conformance test of Polish cadastral model (that already will be in power) against the Land Administration Domain Model as a full ISO 19152 standard.
REFERENCES
1. 2. 3. 4. 5. 6. 7. Bydosz J. (2012): The Conditions of Land Administration Domain Model Implementation in Poland. Annals of Geomatics. t. 10. z. (52). Warsaw. 2012. (published in Polish). Bydosz J., Gd K. (2011): Polish cadastral system in comparison to Land Administration Domain Model. Permanent Committee on Cadastre in the European Union plenary meeting. 2122 November 2011. Warsaw. Poland. http://www.eurocadastre.org/pdf/warsaw_november2011/presentations/22_11_2011_PCC%20k%20Gozd z_session1.pdf (19th June 2012) European Parliament and Council (2007): Directive 2007/2/EC of The European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE). Geographic information Land Administration Domain Model (LADM) ISO/DIS 19152, Draft International Standard, International Organization for Standardization, 2012, accessed at http://wiki.tudelft.nl/bin/view/Research/ISO19152/IsoDocuments (19th June 2012) The Order of Ministry of Administration and Digitization changing from ..... changing the order on grounds and buildings (draft version- 2012), published in Polish The Order of Ministry of Regional Development and Buildings in case of Cadastre for Grounds and Buildings (2001), published in Polish
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Fig. 1. Cadastral systems facilitate three key attributes of Land Administration. Source: ENEMARK S., WILLIAMSON I., WALLACE J., 2005
There is observed that individual countries like for example Germany [KNOOP 2002], Norway [ONSRUD 2003], Spain [VELASCo 2009] modernize their systems in their own way in a direction that seems to be important and then describe their achievements in international forums. These are also developed countries, whose experiences can help to determine one way forming a modern, global systems. For this reason a project Cadastral Template was initiated (Fig. 2).
Fig. 2. A worldwide comparison the information about cadastral systems. Source: [http://www.cadastraltemplate.org]
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The international sustainable land administration fits in the trend of globalization. Therefore cadastral systems should be modernized towards creating a uniform, global infrastructure for spatial information. This will guarantee their usefulness at the global level. The main determinants of land administration model are presented in the diagram below (Fig. 3). Therefore, it seems to be important to establish the global benchmarks, in the direction which should evolve every cadastral system. Identification of these benchmarks should result from the application of logic research methodology, which will be used to update these benchmarks in future. The applied methodology includes an analysis of substantively important, development concepts in the field of cadastre. On this basis the direction of the cadastral system development has been defined in response to emerging needs and selecting the parameters characterizing the desired model of cadastral system at the global level.
Fig. 3. Main determinants of land administration model. Source: Own study based on ENEMARK S., WILLIAMSON I., WALLACE J., 2005.
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2. Research methodology The determination of global cadastral system benchmarks was preceded by research tasks shown in the diagram (Fig. 4), that were logically related.
As a benchmark of cadastral system should be understood its model characteristic, determinant by which is defined a model rule of functioning the cadastre. The Polish language dictionary also gives the following definition [www.sjp.pl/wyznacznik], that it is an attribute (feature), which specifies, points to something, in this case is a model feature of the system. In the research procedures qualitative methods were used, especially methods of analysis and logical structure, including identification. There was also used a method of comparative analysis. The method of analysis and logical construction (synthesis) is a method of "thought experiment" [APANOWICZ, 2003]. With output and limiting conditions, and knowing the purpose of the research, one can analyze the dependencies and the relationships between the output within the limits specified boundary conditions and construct a logical sequence to solve a given problem. The comparative analysis is a method in which the defined complex objects, differing from the others are analyzed. On this basis one can identify the types of elements forming a wholeness in terms of parameters, which enables the evaluation of each attribute relative to trend. On the basis of the research methodology shown in the diagram above, authors analyzed first the cadastral issues and related initiatives taken at international and Polish forum. It is essential that the core indicators of global cadastre were those corresponding to a common, global demand, and the branches supplemented the model with the properties of local needs. The analysis led to the determinants identification of the cadastral systems development, namely the isolation of the key actors (organizations), the key technologies, the trend of civilization and the key initiatives. Identification of the most important determinants, solutions and visions of cadastral models were conducted similarly on the two forums (Polish and foreign). Following the second phase of the research were selected for further analysis the key concepts and guidelines for the development of cadastral system such as: Cadastre 2014 [KAUFMANN, STEUDLER 1998]. This report, as innovative in the field of cadastral systems (land administration systems) was treated as a basic reference document (paradigm) for the relevant in the discipline of cadastre the scientific publications. 96
The evaluation of the study was based on the method of similarity models analysis [KAUFMANN, KAUL 2004]. This method sets the parameters (the parameters of similarity), which can be transferred to the real system. The comparative analysis was performed based on a set of spatial information system factors proposed by Gadzicki [1993, 1995]. For spatial information system he understands interrelated elements or components {C1, C2, C3, ....... Cn}, where each element Ci represents the different aspects of spatial information system. Gadzicki [1995] distinguished and defined the twelve elements [Table 1] because: cadastre is a complex system, hence the analysis of the existing cadastral situation needs to be comprehensive, taking into account various aspects of cadastral system and leads to determine the dominant factors in a given situation and the main relationships between them [GADZICKI 1995].
Table 1. The spatial information system components.
No. 1
i Legal aspects