Compensation for a decreased value of an immovable property caused by a change in the local development plan or by the issuance of a decision on the location of public-interest investment SK 42/21
Ref. No. SK 42/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 13 June 2023
The Constitutional Tribunal, composed of:
Andrzej Zielonacki – Presiding Judge
Piotr Pszczółkowski – 1st Judge Rapporteur
Wojciech Sych
Michał Warciński
Rafał Wojciechowski – 2nd Judge Rapporteur,
having considered, at a sitting in camera on 13 June 2023 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Ms T.K.’s constitutional complaint, lodged with the Constitutional Tribunal for it to assess the conformity of:
Article 128(4) in conjunction with Article 124(1) of the Act of 21 August 1997 on the Management of Immovable Property (Journal of Laws – Dz. U. of 2020, item 65) and in conjunction with § 43(3) points (1)-(4) of the Regulation of the Council of Ministers of 21 September 2004 on the appraisal of immovable properties and the preparation of value estimates (Journal of Laws – Dz. U., No. 207, item 2109, as amended) – insofar as, in the context of the compensation referred to in Article 128(4) of the Act on the Management of Immovable Property, it does not take account of adjudicating on compensation for a decreased value of an immovable property caused by a change in the local development plan or by the issuance of a decision on the location of public-interest investment – with Article 64(1) in conjunction with Article 64(3) and Article 91(2) of the Constitution,
adjudicates as follows:
Article 128(4), third sentence, of the Act of 21 August 1997 on the Management of Immovable Property (Journal of Laws – Dz. U. of 2023, item 344) in conjunction with § 43(3) of the Regulation of the Council of Ministers of 21 September 2004 on the appraisal of immovable properties and the preparation of value estimates (Journal of Laws – Dz. U. of 2021, item 555) – construed in the way that it does not comprise compensation for actual damage arising from a decreased value of an immovable property caused by the adoption of or a change in the local development plan or by the issuance of a decision on the location of public-interest investment – is consistent with Article 64(1) in conjunction with Article 31(3) and Article 64(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Andrzej Zielonacki
Piotr Pszczółkowski
Wojciech Sych
Michał Warciński (dissenting opinion)
Rafał Wojciechowski