Abstract

The article is the second part of the study on the formation of relations between property owners and transmission companies in connection with the location on the ground and operation of the equipment referred to in art. 49 § 1 of the Civil Code. The text presents the concept that legalization of the location of the transmission equipment on other people’s properties (not belonging to the transmission company) could take place as a result of granting so-called administrative consent, regulated directly in Art. 75.1 of the Act of 29 April 1985 on land management and expropriation of real estate and Art. 124.1 of the Act of 21 August 1997 on real estate management, and indirectly also in Art. 35.1 in conjunction with Art. 6 of the Act of 12 March 1958 on the principles and procedure of expropriation of real estate. The article puts forward a thesis according to which granting such consent has led in consequence to a permanent limitation of the exercise of the right of ownership by the owner and presents arguments for taking such position.