Expropriations – invalid division of real estate
The firm took on the case of a client who owned land in the 1950s in the city of Poznań’s Junikowo.
In the late 1950s, the client applied to the District National Council for permission to subdivide the property in order to sell it. However, consent was granted on the condition that the client transfer two plots of land to the state free of charge. This forced type of transaction was permitted by the then-current Law of May 22, 1958, on areas for the construction of single-family houses in cities and settlements.
By today’s standards of constitutional protection of property, such an administrative practice would be grossly unacceptable.
However, it is no longer certain that such a solution was contrary to the constitutional provisions in force at the time. Currently, the firm’s lawyers are analyzing whether the decision to divide the property was issued in compliance with the regulations of the time, in particular whether all procedural requirements were observed.
An application for the return of the property will be prepared on behalf of the client, as well as an application to annul the decision to give the land in question for perpetual usufruct to a private company.