Land development – legal opinion on the acquisition of property for a municipal road
At the request of the owners of a property located in one of the municipalities near Poznań, the law firm is preparing a legal opinion on the correct interpretation of the regulations governing the valuation of property intended for public roads.
Municipal authorities are negotiating with clients to determine the purchase price of a plot of land designated in the local zoning plan for a public road. The municipality’s proposals are unsatisfactory because they refer to average transaction prices of properties disposed of for public roads. According to the firm’s lawyers, there is a legal basis for the valuation process to use transaction prices for real estate with a residential function, i.e. such as prevails in the vicinity of the planned public road.
The legal dispute is of great practical importance, since the two different concepts of real estate valuation differ by a factor of 4. The position presented by the law firm is supported by the draft amendment to the regulation on real estate valuation and the preparation of an appraisal report prepared by the Minister of Infrastructure, which requires the appraiser to take into account the value of adjacent properties in the valuation process.