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Analysis of Disposal of Public Property without Tender Procedure on the Example of the Municipality of Krakow

Abstract The aim of this study is to analyze the procedure for the disposal of public property without tender on the example of the Municipality of Krakow, with respect to the scope, purpose, conditions of disposal and generated income, in the period of 2012–2014. The vast majority of plots of land (over 220) were disposed of in order to improve the land use conditions of an adjacent plot, subject to ownership rights or to perpetual usufruct of a person who intended to purchase this property. The mode of disposal without tender procedures is also widely used for those who are entitled to the priority right in the acquisition of public property. This category includes, for example, residential tenants who, during the analyzed period, purchased about 2.8 thousand dwellings, in most cases with a 90-percent discount. The article points out the problems which occur over the course of preparing documentation necessary for the transaction, in particular those concerning incorrect geodetic and legal status of the real property. The author discussed selected case law on this subject and proposed methods of solving these problems.