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

While developing the projects for the construction of new and reconstruction of the existing roads, there is a probability of using privately owned land. In these cases, the mechanism of alienation of the private land plots is used to meet the public needs, in accordance with the Law of Ukraine " On compulsory purchase of land plots, other objects of real estate that are located on them, which are in private ownership, for public needs or for reasons of public necessity". Among the list of social needs, in the first place, there is a need for the land plots during construction, major repairs, reconstruction and maintenance of transport infrastructure objects, in particular roads. While designing the road construction and reconstruction projects, the technical-economic and transport-operational characteristics of the design object should be determined in conjunction with the protection of the environment and the rational use of natural resources. The article deals with the issues of assessing the impact of the road construction on the environment and the measures to reduce the level of pollution of the environment by introducing the environmental, technological, sanitary-technical and organizational measures.

Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other roads all formed part of a new subdivision known as Sonstraal Heights. As is customary, the ownership of the roads in the subdivision vested in the municipality in terms of section 28 of the Land Use Planning Ordinance 15 of 1985 (C) (LUPO) on the date of approval of the subdivision. Central to this provision is that no compensation is payable to the developer if the provision of the public roads is based on the normal need therefor arising from the subdivision. Since the developer was of the opinion that the roads it had provided exceeded the normal need, the issue that had to be resolved was whether compensation must be paid for roads beyond what would normally be required for a subdivision. The main issue that the courts, from the Western Cape High Court to the Constitutional Court in Arun Property Development (Pty) Ltd v City of Cape Town 2015 2 SA 584 (CC), had to deal with was whether the vesting of roads beyond the normal need therefor arising from the subdivision amounted to an expropriation of land for which compensation is payable in terms of section 25(2) of the Constitution. This case note looks at the different stages of the case, and in the process highlights the historical and legislative background and the subdivision process. It shows that the vesting of the ownership of roads in the municipality is similar to the payment of a development contribution, both of which can be categorised as deprivations of property in terms of the constitutional property clause. On 1 July 2015 LUPO was effectively superseded by the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) and the Western Cape Land Use Planning Act 3 of 2014 (LUPA). Since SPLUMA does not and LUPA does contain a reference to the "normal needs" provision, the implications of Arun for the new legislative dispensation are addressed.Keywords: Subdivision of land; public roads; deprivation; expropriation

The act on special conditions for preparing and implementing public road investment (the so called special road act) has always caused problems as far as its interpretation goes. One of these problems is the issue of the procedural position of mayors of towns with district rights who are present in the proceedings conducted according to the above mentioned act. On one hand, they constitute the competent authority to conduct the proceedings. On the other hand, they are a party to the very same proceedings. Because there is no clear regulation on the part of the legislator there can be observed varied solutions as to how to conduct proceedings under the special road law. An analysis of these solutions may lead one to a conclusion that some of them are relatively correct, or at least their legal and logical justification is possible. However, in a country abiding by law such a situation must not be tolerated. That is why, petitions advocating changes to the special road law must be delivered to the legislator. It is also important that we consider which of the solutions implemented by public administration offices is most correct and desirable. Ustawa o szczególnych zasadach przygotowania i realizacji inwestycji w zakresie dróg publicznych (tzw. specustawa drogowa) od początku swojego istnienia sprawiała wiele problemów interpretacyjnych. Jednym z nich jest z pewnością kwestia pozycji procesowej prezydentów miast na prawach powiatu, którzy występują w postępowaniach administracyjnych prowadzonych na podstawie ww. ustawy w dwóch rolach. Z jednej bowiem strony są oni organem właściwym do prowadzenia tychże postępowań, a z drugiej występują jako strona danego postępowania. Wobec braku wyraźnej regulacji ze strony ustawodawcy w praktyce urzędów uwidoczniły się obecnie różne rozwiązania co do sposobu prowadzenia postępowań na podstawie specustawy drogowej. Analiza tych rozwiązań oraz ich ocena mogą doprowadzić do konkluzji, że część z nich jest względnie poprawna, a przynajmniej możliwe jest ich prawne i logiczne uzasadnienie. Jednakże w państwie prawa niedopuszczalne jest tolerowanie takiej sytuacji, dlatego też należy wystosować wobec ustawodawcy stosowne postulaty zmiany specustawy drogowej oraz zastanowić się, które spośród stosowanych przez organy administracji publicznej rozwiązań są najbardziej poprawne i pożądane.

The primary network of forest roads consists of public and forest truck roads. Public roads in one forest area have been mainly built due to needs of local communities, access to rural areas, the development of tourism, recreation and so on. Forest truck roads have been built and maintained by those who manage forests (the forest management), while public roads have been managed by the Directorate for Roads of the Federation of B&H and cantonal and local governments. In the last twenty years, the sector for wood assortments transport in the Federation of B&H is in charge of the private transport operators which use vehicles of large capacities and high axle loads for the purpose of transport of as large as possible quantities of wooden mass per time unit. Due to this fact, the roads have deteriorated faster. The accelerated deterioration of the roads used for the transport of wooden assortments imposes the need for the allocation of larger funds for their maintenance. Due to the increasing damages on the roads the prohibitions of use of some public roads for wooden assortments transport occur more frequently. The aim of the research is to determine the total length of public roads which open Forest Management Units of Sarajevo Canton (FMU of SC) and to investigate the possibility of using these categories of roads for forestry. For examination and analysis possibilities of using public roads for wooden assortments transport qualitative research - polls methods have been applied within the framework of the key representatives of the target groups such as forestry and the local community. In the questionnaire, two sets of questions were specified, the first one which is designed to determine the possible existence of problems of using public roads for transport of wooden assortments and possible causes of occurrence of the problems. The second group of questions gives some of the possible solutions for solving the problems of using public roads for the purpose of transport of wood assortments. The results of the survey show that the share of public roads for opening forest truck roads of Canton Sarajevo amounts 44.94%. The given results illustrate that the cases of prohibition of use of public roads for wood assortments transport are rare. The largest proportion of respondents (65%) pleaded that there are no problems (conditions) for using public roads within their territory. A share of 32% of respondents said that there are some requirements for the use of public roads for the transport of wood assortments in their territory and those are mostly demands that FMU covers the costs of maintenance of these roads. A share of 58% of respondents gave the answer that those requirements originate from self-organized groups of citizens. A share of 42% of respondents gave the answer that these requirements originate from the local community (municipalities and lower levels). In the second group of questions, where the proposal for resolving the problems of wood assortments transport in case of inability of use the existing public roads have been given the majority of respondents consider that the solution of problem is making agreement on the mode of usage and application of more control of axle loads of truck which transport wood assortments by public roads. The general conclusion of the research is that the undisturbed use of public roads for forestry needs is possible only with more consideration of the legal guidelines and with continuous agreements of all stakeholders accompanied by constant control.

This paper deals with the results from the investigation of accidents with tractors on public roads in the agriculture of Republic of Macedonia. 495 accidents with tractors are happened (99 per year) on public roads in the period 2004-2008. According to the category of road on the local roads 79 accidents are happened (15, 8 accidents per year) in the settlements. Out of the settlements, on the local roads 180 accidents (36 per year) are happened most of them with tractors again. In accidents on public roads with tractors 820 people are injured, of which 242 in accidents in settlements and 578 out of settlements in the period of the investigation. There are twice more injured people and triple more people have a fatal consequences in the accidents with tractors on public roads out of settlements. U radu su prikazani istraživanja nesreća sa traktorima na javnim putevima u poljoprivredi Republike Makedonije. U periodu istraživanja od 2004 do 2008 godine na javnim putevima dogodilo se ukupno 495 nesreća u kojima su učestvovali traktori, ili prosečno 99 nesreća godišnje. Prema kategoriji puta u naseljenim mestima dogodilo se 79 ili u proseku po 15,8 saobraćajnih nesreća godišnje, na lokalnim putevima. Takođe prema kategoriji puta, na lokalnim putevima van naseljenih mesta dogodilo se najviše 180 ili u proseku po 36 godišnje nesreća. U nesrećama na javnim putevima u kojima su učestvovali traktori nastradalo je ukupno 820 osoba, od kojih 242 osoba u nesrećama u naseljenim mestima i 578 osoba u nesrećama van naseljena mesta. U nesrećama sa traktorima na javnim putevima van naseljenih mesta nastrada dva puta više, a smrtno nastrada, tri puta više osoba.