Zagadnienia prawne dotyczące zmiany przeznaczenia gruntów rolnych, ze szczególnym uwzglednieniem pojęcia 'obwiedni'

The provisions of the Act on the Protection of Agricultural and Forest Land of 3 February 1995 (consolidated text Dz. U. [Journal of Laws] of 2015, item 909 as amended), governing the principles for protecting agricultural land, are subject to frequent changes, especially in the terms of changing the use of agricultural land. In those matters, there is a continuous conflict of interest, fueled by spatial conflicts arising from a desire to satisfy different, often contradictory, values. Thus, allocating top class agricultural land for non-agricultural purposes requires high prudence on the part of public administration. It is also important that the most appropriate moment to protect the best agricultural land against developing with buildings the initial step in the process of spatial planning, which is obtaining the consent of the minister responsible for rural development to the reassignment of the best land (classes I-III) for non-agricultural purposes, after obtaining the opinion on the request from the marshal of the province. This pattern, however, suffers some limitations related to the introduction to the legal system construction of the so-called "envelope" which, in certain cases, excludes the need to obtain the consent of the minister responsible for rural development to the reassignment of land for non-agricultural purposes. Those issues give rise to a number of questions regarding interpretation that have been discussed in this article.