Return of property – is a voluntary sale also expropriation?
On behalf of a client, the law firm undertook representation in a case involving the return of a property located in Jeżyce.
The issue is interesting in that the transfer of property to the Treasury in the 1980s did not take place through an expropriation decision, but through a civil law agreement to sell the property. In the opinion of the firm’s lawyers, however, the circumstances of the case indicate that it was, in fact, expropriation, because if the refusal to proceed with the notarial deed initiated
expropriation proceedings would have been carried out under the then-current provisions of the Law of April 29, 1985 on Land Management and Real Estate Acquisition. The situation is complicated by the fact that the expropriated property has since been given in perpetuity to another entity.