Today in our series, "Lawyer on the Farm," we'll begin discussing a topic that has been controversial for years. Over the coming weeks, we'll analyze the issue of expropriation and attempt to address the most important issues you've asked about during our consultations.
Expropriation is a situation in which a public authority (in practice, an administrative body) can deprive an owner of their rights to real estate or restrict them, but only under strictly defined conditions. The Constitution clearly states that expropriation is permissible only for a public purpose and for just compensation. The problem is that "just" in real life doesn't always mean "sufficient for a fresh start," and disputes most often revolve around valuations, deadlines, and the scope of the owner's rights. Sometimes a single official decision can result in a plot of land or a house becoming part of a road, railway, or CPK construction plan. In such a situation, one can often find oneself facing deadlines, paperwork, and stress that cannot be postponed.
In the case of a high-speed rail project, for example, which is part of the CPK project, this could be as little as 28 days from the delivery of the decision granting immediate enforceability of the railway line location! Despite this, in these types of expropriation cases, it's possible to realistically fight for a better outcome, such as higher compensation or a more secure relocation schedule. However, it's crucial to act quickly and consciously, as procedures for strategic investments are designed to run smoothly.
Strategic investments: CPK, roads and railways and their "fast" procedures
Strategic investments include large infrastructure projects: the Central Transport Hub (CPK), roads, and railways, for which the legislator is introducing faster and more "compact" procedures than in typical construction matters. For the CPK, the basis is the Act of May 10, 2018, on the Central Communication Port (consolidated text: Journal of Laws of 2024, item 1747, as amended), while for roads, the key is the so-called special road act – the Act of April 10, 2003, on specific principles for the preparation and implementation of investments in public roads (consolidated text: Journal of Laws of 2024, item 311). For railways, the basis is the Act of March 28, 2003, on Rail Transport (consolidated text: Journal of Laws of 2025, item 1234), which provides for special solutions for railway investments (including, in practice, within projects related to the CPK).
Fair compensation in practice: valuation, advance payment and value disputes
The principle is that compensation should meet the constitutional standard of "fair compensation," but in practice, its determination is based on valuation and statutory rules, which can be a source of disputes. In the 2025 CPK cases, the acceleration of payments and the advance payment mechanism were strongly emphasized—the justification for the government bill indicated the possibility of requesting an advance payment of 85% of the determined compensation. This same approach was publicly described as part of changes "facilitating the expropriation process and obtaining compensation." In practice, key questions are whether the valuation report honestly describes the condition of the property, whether it takes into account all elements (buildings, plantings, utilities), and whether it does not ignore circumstances that increase the market value. The application of valuation regulations in situations where the investment itself changes the value of the surrounding area can also be a significant area of dispute—in both legal and practical terms, much attention is devoted to how to understand "fairness" and how to translate it into figures. For the owner, this is not an academic discussion: a difference in valuation of even a few percent can determine whether there is enough money for a replacement apartment, to repay a loan, or to rebuild a business.
How a lawyer can help: deadlines, documents, negotiations, and a more peaceful move
In cases involving the Central Communications Port (CPK), roads, and railways, a lawyer can support a client from day one, beginning with a quick analysis of the situation: determining which regulations apply to the specific case, what decisions have already been issued, and what they mean in practice for the property owner and their loved ones. Equally important is organizing deadlines and risks, meaning identifying when and what actions can (and should) be taken to avoid losing the opportunity to defend one's rights or improve settlement terms. In cases handled under the CPK regime, support can also include assistance with advance payments and disbursements to secure the family's financial liquidity, particularly when regulations allow for an advance payment of 85% of the agreed compensation. A "soft" strategy is often necessary, meaning negotiations and actions focused not only on financial considerations but also on time for a smooth relocation, securing children, maintaining business or household continuity, and reducing the living costs that suddenly arise when the investment is implemented. If a letter appears about the CPK, road or railway, it is worth treating it as an alarm signal rather than ordinary correspondence, because in such matters, one well-made decision at the beginning of the process can save months of stress and real money later.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of January 7, 2026.
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