Legislator Case Law & Legislation
III ARN 28/96 AI generated

Land division approval does not trigger expropriation effects unless new streets are built for new lots.

Case Number III ARN 28/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against the administrative court's decision regarding a land division approval. The court found the lower court correctly interpreted Article 10 of the Land Management Act, ruling that expropriation effects only apply when new streets are constructed for newly created lots, not for widening existing ones. Consequently, the Supreme Court upheld the administrative court's narrow interpretation of the statute over the broad reading by the reviewing authority.

Legislator headnote

AI generated

Art. 10 ust. 1 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości; Art. 10 ust. 5 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości: The approval of a land division does not trigger expropriation effects unless the division results in the creation of new lots intended for the construction of new streets serving those specific lots.

Keywords

AI generated
land division approval expropriation effects new street construction administrative law interpretation land management act extraordinary review planning permission

Cited Legislation

AI generated
Art. 10 ust. 1 of the Act on Land Management and Expropriation of Real Estate
Art. 10 ust. 5 of the Act on Land Management and Expropriation of Real Estate
Art. 233 of the Civil Code

Cited Case Law

AI generated
Constitutional Tribunal Ruling of 29 March 1993, W 13/92
III CZP 84/93

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