Supreme Court dismisses extraordinary review, ruling only property owners can request land division.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against a lower court decision. The applicant, a landowner, argued that the administrative authority violated his property rights by approving a land division without his consent. The court held that only owners or perpetual usufructuaries possess the legal standing to initiate such a division, and since the applicant actively opposed the plan, he lacked the requisite title to request it.
Legislator headnote
AI generatedArt. 10 ust. 1 i 5 ustawy z dnia 29 kwietnia 1985 r. o gospodarce gruntami i wywłaszczaniu nieruchomości; The right to request a land division under the specified statute is exclusively reserved for subjects holding a legal title of ownership or perpetual usufruct over the property in question.