Polish landowners can seek compensation from energy companies for power poles and lines situated on their property, potentially recovering significant sums.
Eligibility for Compensation
Compensation is due when an energy company utilizes private land without a legal basis. This typically occurs when there is no valid easement or agreement in place.
Primarily, the landowner is entitled to claim compensation, with perpetual usufructuaries also eligible in certain cases.
Identifying the Network Owner and Legal Basis
The first step is to determine the owner of the power grid, usually a local energy company. This information can be found on your electricity bill or in company registries.
Check the land and mortgage register (księga wieczysta) to verify if a legal easement exists for the power lines. Access the register online here: [https://przegladarka-ekw.ms.gov.pl/eukw_prz/KsiegiWieczyste/wyszukiwanieKW?komunikaty=true&kontakt=true&okienkoSerwisowe=false]. Information regarding transmission easements is located in Section III, titled “Rights, Claims and Restrictions.”
When Claims May Expire
Energy companies can acquire usage rights through prescriptive easement. The longer poles remain on the land, the greater the risk of losing the right to claim compensation.
Even without prescriptive easement, claims for unauthorized land use have a statute of limitations of six years. However, this can be interrupted by filing a lawsuit or a request for mediation, restarting the clock.
Calculating Compensation
A property appraiser determines the compensation amount, considering factors such as the reduction in property value due to the infrastructure.
Power lines and poles often lead to the implementation of protective zones in local spatial development plans, restricting building possibilities, tree planting, and business activities. Compensation can range from a few to tens of thousands of zlotys.
Steps to Obtain Compensation
To obtain compensation, follow these steps: verify documents (land register and development plan), identify the network owner, gather evidence (photos, surveys, administrative documents), formally request payment, obtain an appraisal, negotiate, and if necessary, file a lawsuit.
It is crucial to confirm that the energy company has a valid legal title to use the land; otherwise, the landowner can effectively demand compensation.