Third-party property rights block state acquisition of perpetual use of land under management. Administrative decision effects are reversible if administrative procedure allows. Court dismissed extraordinary review due to lack of irreversibility.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the Minister's decision refusing to initiate proceedings to declare a 1966 administrative act void. The applicant, a third-party owner, argued that the 1990 land law amendment did not restrict his rights to mere compensation claims. The court held that third-party property rights constitute an obstacle to state acquisition of perpetual use of land under its management. Consequently, since the administrative decision's effects could be reversed through administrative procedure, they lack the character of irreversibility required for extraordinary review.
Legislator headnote
AI generatedArt. 2 ust. 1 ustawy o zmianie ustawy o gospodarce gruntami i wywłaszczeniu nieruchomości; Art. 156 § 2 k.p.a.: Third-party property rights constitute an obstacle to the state's acquisition of perpetual use of land under its management; if the legal consequences of an administrative decision can be reversed via administrative procedure, they do not possess the character of irreversibility.