Action for compensation for establishing ecological use

PLN 8.2 million is the value of the lawsuit we filed on behalf of our Client against the Kraków City Municipality. The claim stems from the reduction in the value of the properties covered by the Resolution of the Krakow City Council No. VIII/164/24 of 28 August 2024 establishing the ecological use of the „Zakrzówek – Eastern Enclave”. The entry into force of this resolution excluded the possibility of building on the land, which in the current local spatial development plan, titled „Rejon św. Jacka – Twardowskiego”, is designated for multifamily and service buildings.

According to Article 129(1) of the Act of 27 April 2001 – The Law on Environmental Protection, if, due to a restriction on the manner of using the property, the use of the property or part of it in the current manner or in accordance with its current purpose becomes impossible or significantly limited, the owner of the property may demand the purchase of the property or part of it. Pursuant to Article 129(2) of the same Act, due to a restriction on the manner of using the property, its owner may demand compensation for the damage suffered.

The damage in this case is the reduction in the value of our Client’s property.