The government has adopted a bill to accelerate key investments for the defence of Poland. Although the fresh rules are intended to facilitate the construction of military infrastructure, they rise serious concerns for property owners. Why? Expropriations can take place in just 120 days, and compensation, according to experts, may not be sufficient.
Accelerated investment, but is it fair?
New bill "specific rules for the preparation and implementation of strategical and key investments in the field of state defence and public safety needs" to improve investment processes related to the military, peculiar services and the arms industry. According to ‘Rzeczpospolita’, the rules let any procedures specified as environmental decisions is water licences, as well as simplifying public procurement and land acquisition rules.
Problem is, private property owners can lose their land at an express rate - Even if they don't agree to it.
A voluntary surrender or forced expropriation?
The task prepared by the Ministry of Defence (MON) first takes into account land belonging to State Treasury and Local Government. However, in practice private plots can besides be taken over. If the owner does not agree to the sale, the State will be able to expropriate – after compensation has been paid.
But the key is time. The full procedure is to be extremely fast:
- Within 90 days from submitting an application to the voivode, it shall issue a decision authorising the implementation of the investment (DRSI).
- Then the owners have only 120 days (from receipt of notification) to leave the property.
Will compensation be fair?
After making the final decision, the voivode has 30 days to find the amount of compensation. However, experts indicate that It's not adequate time for a fair valuation.. If the owner considers the amount besides low, he may appeal, but the property will be transferred to the investor's hands anyway.
Such solutions rise legal doubts. Will the State supply Fair redress? Is 120 days adequate time to find a fresh place to live?
For more information, see ‘Rzeczpospolita’.
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