The judgment of the Constitutional Court on the issue of land in Warsaw

In its judgment of 19 July 2016, the Constitutional Court acting in full court has ruled that the provisions of the amended act on real estate are in conformity with the Constitution.

Court assessed art. 214a and 214b of the act, expanding the catalog of grounds for refusal to establish the right of perpetual usufruct of land acquired for Municipality of Warsaw on the basis of the so-called “Bierut Decree” of 26 October 1945. New provisions also enable the discontinuance of the proceedings, if it is not possible to determine parties.

Amended law provides that a refusal to establish the right of perpetual usufruct will be possible also because of the designation of land for public purposes or sale, or establishment on land right of perpetual usufruct to a third party.

In oral justification of the Court's judgment, the Judge Małgorzata Pyziak - Szafranicka stressed, inter alia, that the new rules are justified by the need to protect the rights acquired by new land owners, and the grounds for refusal are accepted as legitimate, among others, in the jurisprudence of the Supreme Administrative Court.

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