Supreme Court dismisses extraordinary review, ruling ex lege perpetual use does not arise if return conditions met before transfer date.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the administrative decision regarding the return of expropriated land. The plaintiff, a former owner, sought return of the property after the state entity failed to utilize it for its intended school purpose. The court held that acquiring perpetual use ex lege does not occur if the legal prerequisites for returning the land to the original owner were already met before the transfer date.
Legislator headnote
AI generatedArt. 69 ust. 1 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości; Art. 2 ust. 1 ustawy o zmianie ustawy o gospodarce gruntami i wywłaszczeniu nieruchomości: The acquisition of perpetual use ex lege does not occur if the conditions for returning the expropriated property to the former owner were met prior to the transfer date.