Attorney-at-law Marek Foryś has over 16 years of experience in recovery of exprioprated and nationalized real estate in Poland. He represents former owners and their succesors in administrative proceedings, before courts (including Supreme Court) and administrative courts (including Supreme Administratrive Court).
Depending on current legal status of expriopriated or nacionalised real estate you may recover it in kind (when it is owned by the State or local government unit) oraz obtain a compensation if the real estate was expriopriated or nacionalised with breach of law.
In most cases to start legal proceeding for compenastion you ought to get administrative prejudykat at first. Next you within limitation period of 3 years from the date of the final decision.
Recovering in kind may be initiated in administrative proceeding (mainly concerns expriopriated real estate). But the time left is not long as on the grounds of amendments in real estate managment act, former owners or their successors are entitled to initiate such proceding only by the 14th May 2020 if expriopration was 20 or more years ago (go more information). – odwołanie do artykułu w wersji pol/en. In other words from the 15th May 2020 the limitation period is 20 years from the date of final expriopriation decision.
Sometimes, for example on the grounds of the agriculture reform to recover in kind, it is necesarry to start civil proceeding of reconciliation of the content of the land and mortage register with the actual legal status.
What is interesting is that some administrative compensation proceedings have not been finished with the final decision. It means that every such proceeding is still pending and should be concluded with the final decision based on current law what guarantees compensation adequate to current market value of real estate.
Special law acts entitle state treasury and self government units to acquire real estate for public purposes such as roads, railways or airports in simplified procedure. In all these proceedings we assist you to ensure the proper amount of the compenastion.
A long professional experience in compenastion proceedings enables us to represent clients in other proceedings concerning property damages.
We will also assist you in cases concerning personal damages for example as a result of tort such as car accidents.
Whenever enviromental standards may not be kept, Enviromental Protection Act entitles real estate owners and perpetual usufructors to claim for compensation. Your claim should be made within 3 years from the date of the local act establishing restricted use area (final date).
Most transmission networks in Poland have been built before 1989 without legal title to real estate. It was a result of state run economy, state ownership on transmission companies and priority of state property over private one.
Nowadays in many cases you are entitled to compensation or to demand regulation of legal status of transmission network.
In some cases, you may be entitled to call decision to be declared invalid or call for reopening of the procedding when the matter concluded with the final decision.
If the decision may not be declared invalid or proceeding may not be reopened you may be entitled to call for compensation if you suffered damages.