Land development – a win before the Court of Appeals
Today, a favorable verdict was handed down in a law firm client’s case against one of the suburban municipalities of Poznań in a case for compensation for a decrease in the value of real estate as a result of the enactment of a local zoning plan.
The Court of Appeals affirmed the plaintiff’s position that in order to determine whether there has been a change in the use of the property, it is not the actual possibility of developing the plot of land that is important, but the change in its use itself. In addition, the view was confirmed that it is possible to claim
claims under Article 36 paragraph 1 of the Law on Planning and Development only as to one of several parcels of land registered in the land register, and that claims of this type can be subject to transfer.