The Sejm will vote on a motion to reject the draft compensation for expropriation

The Sejm will vote on the Citizens’ Coalition motion to reject in first reading the draft amendment to the Real Estate Management Act, which changes the method for determining the amount of compensation for the expropriation of real estate for public investments, such as CPK.

On Thursday, the Sejm conducted the first reading of the government bill, which provides additional safeguards for expropriated persons to ensure “fairness of compensation”. As the government’s proxy for the central communications port, Marcin Horała, explained in the Sejm, the adoption of this bill will change the way to determine the amount of compensation for the expropriation of real estate for investment for public purposes, such as roads, railways or flood protection reservoirs.

Since the KO has submitted a motion to reject the bill at first reading, the Sejm will vote on it at its next meeting.

According to the concept, the compensation will in any case be linked to the market value of the home. A cash bonus will be added to the compensation, which will be 10% in the base. property values. Bonus of 20% This concerns the value of buildings located on the property and the value of a residential unit. The cash bonus will be a lump sum equivalent of the cost of moving or legal activities – not yet refunded. It will also be an additional consideration for acquiring real estate for a public benefit investment.

The draft stipulates that for actual damage a higher claim will be lodged with the civil court than that arising from the compensation. This solution will, for example, be available to an entrepreneur for whom the expropriation has caused exceptionally high damage, not compensated by compensation.

If the amount of the compensation for a property is less than the statutory rates, you have the right to increase the compensation to a level that allows you to recreate the living situation – it can even be 100%. an increase in the amount of compensation, depending on the number of people living in the property. The criterion of permanent residence registration in the period prior to expropriation applies. This solution was limited to people close to the owner or perpetual usufructuary.

In addition, the project provides a number of incentives to sell real estate by means of a board decision prior to the formal determination of the location of the STH.

“After the changes, Poland will have the most favorable compensation system for real estate expropriation in the European Union,” Horała said, calling on the Sejm to approve the proposed change.

Speaking on behalf of the PiS club, Jerzy Polaczek announced his support for the change, stressing that it would provide “decent compensation for the dispossessed”. He also points out that on the basis of the amendment, entrepreneurs will also be able to appeal to the courts against the amount of compensation awarded.

As Deputy Gabriela Lenartowicz (KO) noted, the image of a “greedy state” emerges from the project. “A state that does not consider people and property does not consider the tradition, culture and sustainability of habitats” – she assessed. She added that Minister Horała herself boasted that this act would save the Polish state. “From the examples he gave here, about 30 billion PLN came out,” she said. “So de facto they will be stolen from citizens from the compensation system, which is not the best thing in our country anyway” – she noted.

According to the deputy of the left, Karolina Pawliczak, the idea of ​​the act itself is correct, but – as she argued – it is mainly about the controversial because of the opaque construction of the central communication port. She stressed that the design does not contain enough mechanisms to allow a reliable assessment of the actual damage suffered by the owner of the property as a result of his expropriation.

According to the representative of the Polish 2050 circle, Hanna Gil-Piątek, the project is moving towards cleanup and a compensation system, and the introduction of these additional bonuses of 10 and 20 percent is also an advantage. value to the real value of the land. “We will propose in the amendments to increase these bonuses to 20 percent and 40 percent” – announced Hanna Gil-Piątek.

Responding to the deputies’ questions, Horała stressed that the compensation is limited to the actual damage and not to the loss of future income, as the assumption is that the owner can buy a similar property and benefit from it in the future. “Either a bonus or lost profits,” he stressed. He also assured that the public consultations on the construction of the CPK were “very broad”.

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