Return of expropriated property – 3 years to pursue claims
The government is working to amend the provisions of the Real Estate Management Law regarding the return of expropriated property.
Some of the new regulations will also make it possible to assert property rights anew for those who were previously denied restitution. In contrast, other changes introduce deadlines that limit the ability to return property. The principle that the return of the property can be claimed by each former co-owner or their heirs – according to the amount of their share in the co-ownership or share in the inheritance – is to be explicitly introduced into the Real Estate Law.
Particularly significant are the changes affecting properties that were expropriated 20 or more years before the amendments to the Real Estate Management Law went into effect. Previous owners of the property or their heirs will have three years to apply for the return of the property or part of it. After 3 years from the entry into force of the law, they will irretrievably lose the ability to demand the return of expropriated property.
Those who did not obtain a refund due to the failure of all inheritors or co-owners to appear in the proceedings will be able to reapply for a refund – also within 3 years of the law’s entry into force.
The government draft adds the possibility of returning the property also if the expropriation took place in the form of a sale or exchange of the property to the State Treasury, a municipality or a county, under the article 114 of the Real Estate Law. This will also apply to those who have already made an appropriate application, but were denied the return of their property.
For 3 years after the amendment takes effect, the return of the property will be able to be claimed by many people whose claims were previously overlooked. Changes can be expected as early as 2019.