Polish agency KOWR purchases farmland at agreed prices when market values are deemed excessively different, with Deputy Ombudsman questioning legal restrictions.
Pre-emption Process and Legal Proceedings
KOWR can purchase agricultural land when it determines that the selling price significantly deviates from market value. In such cases, if the matter goes to court, sellers must wait for payment, creating uncertainty. While regulations allow KOWR to pay part of the price before proceedings conclude, this is done at their discretion.
Ombudsman Concerns
Deputy Ombudsman for Human Rights does not question KOWR’s intervention in the agricultural land market but argues that legal restrictions on property owners should be proportional and clearly defined. In light of this, the Deputy Ombudsman has requested information from KOWR regarding their pre-emption practices.
Questions to KOWR
The Deputy Ombudsman has asked KOWR to provide statistics on how often the pre-emption right has been exercised, what principles guide their decision-making process, and how frequently partial payments are made during ongoing court proceedings.