Supreme Court allows return of easement rights under land expropriation law, rejecting administrative dismissal.
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower administrative decision that dismissed the claim for the return of an expropriated perpetual usufruct right. The administration argued that the statute only covered return of ownership, not usufruct, and that the right had expired upon transfer to the state. The court ruled that the statutory language regarding 'previous owner' encompasses the holder of the expropriated usufruct right and that the legislative intent is the restitution of the specific right removed, not merely the physical land.
Legislator headnote
AI generatedArt. 69 ust. 1 ustawy o gospodarce gruntami i wywłaszczeniu nieruchomości; Art. 75 tej ustawy: The provision for the return of expropriated property applies to the return of expropriated perpetual usufruct rights, as the term 'previous owner' includes the holder of the expropriated right.