Supreme Court dismisses extraordinary review regarding land return to state after research institute acquired perpetual use rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the State Treasury against a decision ordering the return of land to a private individual. The individual had previously paid compensation for expropriated land, but the State Treasury argued the land had been transferred to a research institute which subsequently acquired perpetual use rights. The court ruled that the institute's acquisition of rights did not prejudice the individual's claim because the land remained under state control at the time of the administrative decisions. Consequently, the extraordinary review was rejected as the lower court's reasoning regarding the lack of prejudicial effect was correct.
Legislator headnote
AI generatedArt. 64 ust. 1, ust. 2 ustawy z dnia 25 lipca 1985 r. o jednostkach badawczo-rozwojowych; Art. 69 ust. 1 ustawy o gospodarce gruntami i wywłaszczaniu nieruchomości: The acquisition of perpetual use rights by a research institute does not constitute a prejudicial act preventing the return of expropriated land to the original owner if the land remained under state control at the time of the expropriation decision.