JOANNA SULIGA-DUNST
20-12-2023

Compensation for nationalization

We have filed a lawsuit against the Treasury for 2.3 million zlotys in compensation for unlawful nationalization.

Last year, the Firm obtained for its clients a favorable decision from the Minister of Agriculture and Rural Development that the palace and park complex did not fall under the decree on carrying out land reform in the Kujawsko-Pomorskie province. Unfortunately, before this decision was obtained, the Treasury transferred the property to a local government unit for management, and a decision was subsequently issued to municipalize the property. The decision stated that the property had been transferred to the district’s ownership. The basis for the decision was the fact that the State Treasury was disclosed as the owner of the property in the land registry on the date of the communalization ruling, and the customers were eventually refused the annulment of the decision communalizing the property.

The law firm therefore filed a lawsuit on behalf of the heirs of the pre-war owner of the property against the Treasury for compensation for the loss of ownership of the property in the amount of PLN 2.3 million. Indeed, if the Treasury had not unlawfully seized the property in 1944 and had not defectively registered itself as the owner in the property’s land registry, the property would not have been subsequently communalized and the clients would have had the opportunity to reclaim it in kind under the decision not to fall under the Land Reform Decree. In addition, the decision not to fall under this decree directly confirms the illegality of the Treasury’s actions and is a prejudicial factor in the compensation case, which in our view is preliminary to the compensation proceedings. The case is being handled by the team: Attorney-at-law Joanna Suliga-Dunst Attorney-at-law Tomasz Przybecki.