Supreme Court clarifies that highway expropriation compensation date depends on the compensation decision, not the location decision.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the extraordinary review against the administrative court's decision regarding expropriation compensation. The court held that while the highway law sets the valuation date for the location decision, it does not determine the date for the final compensation amount. Consequently, the court ruled that the compensation must be calculated based on the property's value on the day the compensation decision was issued, rather than the day the location was determined.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o autostradach płatnych; Art. 130 ust. 1 ustawy o gospodarce nieruchomościami: The provision on highway expropriation is lex specialis only for the location decision date, requiring the general rule of the compensation decision date for the final valuation.