We conduct disputes involving reprivatisation, including litigation:
- Against the State Treasury seeking damages for loss of rights to real estate or the deterioration in the condition of the property, resulting from defective administrative decisions in the communist era on nationalisation or expropriation (e.g. involving Warsaw land, agricultural reform, or nationalisation of industry) issued in gross violation of law, as determined through administrative proceedings
- Against the State Treasury or local governmental units for damages caused by unlawful acts or omissions in exercise of public authority
- Against the State Treasury or local governmental units for damages caused by failure to issue rulings or decisions they are required to issue by law
- Involving clearing title to real estate—proceedings to reform the land and mortgage register to reflect the true legal status of real estate, proceedings involving acquisition of real estate by prescription, overwhelmingly involving defence against acquisition by prescription by the State Treasury, local governmental units, enterprises created through privatisation or individuals of real estate subject to reprivatisation, and other proceedings involving the land and mortgage register
- Seeking possession of real estate, in proceedings seeking restoration of property in kind, often connected with defences of acquisition by prescription, as well as proceedings against entities conducting public activity on properties subject to reprivatisation. These disputes, which are often the subject of great interest in the media, attract a significant degree of initiative on the part of the local community and various institutions and organisations seeking to prevent restoration of the property to its owners.
- Disputes involving settlement of accounts following reprivatisation—proceedings involving claims by the prior holder of the property for investments made in the property over the years, as well as claims by the rightful owners regaining their property for payment of compensation for non-contractual use of the property, for turnover of profits gained from the property, or for deterioration in the condition of the property. Proceedings seeking payment for non-contractual use of properties in Warsaw covered by the “Bierut Decree” from 1945 are a specific category of cases within this broader group.
- Administrative proceedings and administrative court proceedings seeking a finding of the defectiveness of administrative decisions on expropriation or nationalisation of real estate, a finding that property was not covered by agricultural reform, or compensation for lost real estate.
Opinions issued by various types of experts are often the subject or basis of judicial and administrative rulings in this area. We cooperate on a daily basis with qualified surveyors in partitioning of properties for reprivatisation purposes, as well as appraisers involved in valuing real estate or claims for damages for lost property. This assures the appropriate preparation for litigation and determination of the strategy for pursuing the case.
Contact:
Krzysztof Wiktor, krzysztof.wiktor@wardynski.com.pl
Tel.: +48 22 437 82 00, 22 537 82 00