Supreme Court quashes administrative decision denying property return due to missing 7-year construction start proof.
Legislator summary
AI generatedThe 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 generatedArt. 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.