Polish Ombudsman appeals for legislative changes to protect property owners left with unusable land after expropriation for public projects.
The Problem of “Resztki” Land Parcels
When property is divided into a part taken for public use and part remaining with the owner, it can create so-called “resztki” – small plots that formally belong to the owner but cannot be used according to their planning designation. As a result of expropriation decisions, these areas lose the ability to implement plans consistent with the local spatial development plan.
Impact of Special Acts on Property
This phenomenon mainly affects properties covered by special acts, especially the road construction act. According to its provisions, land may be designated for road construction, changing the purpose of part of the property and affecting its development possibilities in the previous manner.
Inadequate Compensation System
The Ombudsman emphasizes that owners of “resztki” experience significant financial losses that are not compensated by the current legal system. Although the Spatial Planning and Development Act provides for compensation for such restrictions on land use, the provisions of road special acts and integrated decisions mean that in practice, owners do not receive adequate protection of their property rights.
Constitutional Property Rights
The Ombudsman notes that restricting the owner’s right to develop their property through administrative decisions may be treated as an infringement of the constitutional right to freedom and autonomy of the owner. This principle is clearly stated in the Constitution of the Republic of Poland (Article 64), which states that property and other property rights are under equal legal protection.
Principle of Equal Property Protection
According to the Deputy Ombudsman, the situation where owners of “resztki” are deprived of the full right to use their land contradicts the constitutional principle of equal property protection. This principle states that every property right, including the right to dispose of property, must be protected on equal terms. This means that owners of “resztki” who cannot use their property according to the original spatial development plan should have the right to appropriate compensation for the lost opportunity to develop it.
Call for Legislative Intervention
Stanisław Trociuk, Deputy Ombudsman for Human Rights, has appealed to Minister of Infrastructure Dariusz Klimczak to analyze this issue and take legislative action to protect the rights of owners of “resztki” land parcels. The Deputy Ombudsman emphasizes that the lack of such regulations leads to a violation of the principles of social justice and equality before the law.
Need for Legal Solutions
Property owners who find themselves in this situation may feel helpless against administrative decisions that restrict their rights to freely dispose of their property. Therefore, the appeal to introduce appropriate legal solutions that will protect their interests is gaining importance.