Legislator Case Law & Legislation
III RN 11/01 AI generated

Supreme Court quashes administrative decision denying property return due to missing 7-year construction start proof.

Case Number III RN 11/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the administrative decision denying the return of expropriated land because lower courts failed to verify if construction began within seven years of the final expropriation order. The applicant argued that mere paving with gravel did not constitute the required work for the planned street, while the administration claimed the street existed and functioned. The court ruled that without explicit findings of specific construction activities within the statutory period, the denial of return violated the relevant property law provisions.

Legislator headnote

AI generated

Art. 7, 77 KPA; art. 137 ust. 1 pkt 1 ustawy o gospodarce nieruchomościami: A decision refusing the return of expropriated property is invalid unless the authority first establishes that construction related to the expropriation purpose commenced within seven years of the final expropriation decision becoming effective.

Keywords

AI generated
expropriation return seven year period construction commencement administrative review property law provisions invalid decision retrial procedure

Cited Legislation

AI generated
art. 7 and 77 of the Code of Administrative Procedure
art. 137 ust. 1 pkt 1 of the Act on Property Management
art. 393 § 1 of the Code of Civil Procedure
Act of 10 March 1996 on amending the Code

Cited Case Law

AI generated
IV SA 2428/98
IV SA 914/91
IV SA 2218/96

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