Compensation for expropriation of real estate

Chambers of solicitors successfully conduct cases for compensation for real estate taken over for the benefit of the state - not only in the present day, but also in the pre-war and post-war periods. Their help is often indispensable for things to turn out successfully, for the dispossessed.

According to current legislation, expropriation of real estate aims to deprive or restrict the right of ownership, as well as the right of perpetual usufruct or any other right in rem on real estate.

It shall take place by means of an administrative decision - a unilateral and sovereign act issued by the public administration bodies empowered to do so. Expropriation may be carried out if public objectives cannot be achieved otherwise than by depriving or restricting rights to the property, and these rights cannot be acquired by contract.
The most frequently expropriated objects are those located in areas designated in local spatial development plans for public purposes or those for which a decision on the location of a public purpose investment has been issued.

The expropriation may cover all or part of the property. If, as a result of the incomplete expropriation, the remaining part is not suitable for proper use for the existing purposes, the owner or the perpetual usufructuary may request the acquisition of that part by the State Treasury or local government units.

With the expropriation of property ownershipIn the event that the property is taken over by a third party, perpetual usufruct or other right in rem, compensation is to be paid, which is ultimately to correspond to the value of the expropriated rights. Compensation also covers damage resulting from the prevention of damage to neighbouring land, restriction of the use of the real property or permission granted for temporary occupation of the real property, but is reduced by the value of other rights in rem, including perpetual usufruct, established on the acquired real property.

The total amount of compensation shall be determined, in principle, according to the condition, use and value, of the expropriated property on the date of the expropriation decision. Its determination shall be preceded by an opinion of a property valuer.

Compensation is also available:

Compensation for expropriation of property can be claimed after many years

Compensation can also be claimed for expropriated property not only on the basis of the provisions of the Real Estate Management Act and the Road Spec Act, i.e. of the Act of 10 April 2003. on special rules for the preparation and implementation of investments in the field of public roads. The offices also conduct cases for compensation for properties taken over for the benefit of the state under, inter alia:

In this type of case, the content of the opinions drawn up by the experts is reviewed with a view to ensuring that the compensation due is set at a fair amount, taking into account not only the market value of the property, but also the incidental expenses of buying a new one.

The law protects people whose property has been expropriated - This is assisted by specialists from law firms i counselswho know it well enough to apply its provisions for the benefit of their clients' interests.