Supreme Court orders return of expropriated land when its original road-building purpose has changed to a sanitary collector.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland revoked the lower court's refusal to return expropriated land to the plaintiff, Ryszarda K. The court found that while the land was originally designated for a road, it had been repurposed for a sanitary collector, altering the original expropriation purpose. Consequently, the court ruled that the land was no longer necessary for the specific goal that justified its taking, mandating its return under the relevant expropriation statute.
Legislator headnote
AI generatedArt. 69 ust. 1 ustawy z dnia 29 kwietnia 1985 r. o zwrocie nieruchomości wywłaszczonych; Art. 7 Konstytucji RP: The return of expropriated property is mandatory unless it remains necessary for the specific purpose defined in the expropriation decision, requiring courts to assess necessity based on the actual current use of the land.