Supreme Court dismisses extraordinary review, holding previous owner's actions do not absolve current owner of unauthorized land exclusion penalties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against the Naczelnego Sądu Administracyjnego's decision to reject the review. The court found that the company had unilaterally excluded agricultural land from production without permission by converting it for industrial use, a fact established by the lower court. The court ruled that the current owner cannot evade liability by claiming the previous owner initiated the non-agricultural use, as the law requires the current owner to bear responsibility for their own actions.
Legislator headnote
AI generatedUstawa z dnia 26 marca 1992 r. o ochronie gruntów rolnych i leśnych, art. 39 ust. 1; art. 4 pkt 5: The current owner of agricultural land is individually liable for penalties and obligations arising from the unauthorized exclusion of the land from production, regardless of whether the previous owner also engaged in non-agricultural use.