Practice shows that the real estate expropriation procedure is frequently carried out with errors. In particular, owners of expropriated real estate often receive understated compensation. The problem may be related not only to incorrect valuations made by real estate valuers (which are used as the basis for assessment of the amount of compensation), but also errors made by administrative authorities throughout expropriation proceedings. Ignorance of the law may be particularly harmful in such a case, since the underestimated compensation usually has to be counted in tens or hundreds of thousands of zlotys. Expropriated owners are not aware of all the option they have in the expropriation procedure either, for instance in terms of challenging the valuation report or obtaining other real estate in exchange.
Therefore, we offer our clients comprehensive legal support in the expropriation procedure, including in claiming the highest possible compensation for expropriation.
We handle the following matters:
- compensations awarded in road construction consent (ZRID) decisions,
- compensations awarded in exchange for plots of land taken over for public roads by the State Treasury or local government units within the framework of the division procedure (Article 98 of the Real Estate Management Act),
- compensations awarded for land taken over for other public purposes,
- compensations for limitations in the intended use of real estate,
- planning compensations,
- representation of owners in negotiations regarding expropriation carried out with administrative authorities.
Our services include:
- assessment of the expropriation in terms of its compliance with the law,
- estimation of chances of obtaining higher compensation,
- assistance in completing evidence documents (including ordering a counter valuation report),
- representation in court hearings, negotiations and meetings,
- submitting complaints, motions and appeals,
- assistance in conducting inheritance proceedings aimed at establishing and paying compensation to heirs,
- representation and support in negotiations regarding expropriation, in particular in the field of obtaining replacement real estate.
We represent our clients before administrative authorities (starost, voivode, minister). We also fight for an increase in the awarded compensation before voivodship administrative courts and the Supreme Administrative Court. We also have experience in representing expropriated owners at the pre-expropriation stage of negotiations, including in relation to the amount of compensation and obtaining replacement real estate.
Examples of completed projects:
- we represented one of leading developers on the Poznań market in obtaining a replacement real estate for investment purposes as compensation for the expropriation of a plot of land to build there a road,
- we advised local government units on the conduct of the expropriation procedure,
- we issued opinions on risks and possibilities of expropriation for the purposes of grid infrastructure for development companies operating on the Poznań market.