In today's article from the "Lawyer on the Farm" series, we return to the topic of compensation for expropriation. Can a single, short letter suddenly mean that a house, farm, or company headquarters ceases to be private property? In the case of the land planned for Port Polska (formerly the Central Communication Port, CPK), this is precisely how some owners feel: daily uncertainty arises as to whether they can still live, invest, and plan for the future in peace.
This is a topic that affects people here and now, as it's not just walls and hectares of land at stake, but also family financial security, business continuity, loans, and sometimes even the legacy of several generations. National media have repeatedly reported on the emotions of residents of the Baranów and Skrzelewo areas, disputes over valuations, and the sense of time pressure during administrative procedures.
Voluntary redemption and expropriation
The first thing that needs to be sorted out are the concepts: "expropriation" in the legal sense is an administrative decision, and "voluntary purchase" is an agreement (usually a sale) signed by the owner
For years, the CPK company has been operating a Voluntary Acquisition Program (VAP), a mechanism in which an owner can submit a property for purchase under the program's terms, rather than waiting for a potential acquisition by decision. At the same time, public announcements have included assurances that "not a single person has been expropriated" during the VAP's operation (at the time of this publication)
In practice, the media term "expropriation for the CPK" is sometimes used more broadly – also when people talk about pressure, protracted talks, differences in offers and fears that without an agreement they will "be taken away by decision" anyway.
What does the law say?
The basis for special procedures is the Act of 10 May 2018 on the Central Communication Port (i.e. Journal of Laws of 2024, item 1747, as amended) , which regulates the preparation and implementation of projects related to the CPK and refers in many cases to the classic rules of administrative proceedings and real estate management.
If expropriation occurs within the meaning of general provisions, the Act of 21 August 1997 on Real Estate Management (consolidated text: Journal of Laws of 2024, item 1145, as amended) : in Article 112, paragraph 2, the legislator explains that expropriation consists in the deprivation or limitation of the right of ownership, perpetual usufruct, or other property right by way of a decision. Another provision (Article 112, paragraph 3) specifies the conditions: expropriation is permissible when the public purpose cannot be achieved otherwise and the rights cannot be acquired by agreement.
Article 128, paragraph 1 of this Act stipulates that expropriation shall be subject to compensation corresponding to the value of the expropriated rights. Unfortunately, during the expropriation proceedings, various entities, including the Commissioner for Human Rights, pointed out that the manner in which compensation rules were developed for CPK investments raised concerns .
What does this mean in practice?
In real life, the moment when planning and location decisions become immediately enforceable is crucial, as this can trigger subsequent investment steps faster than people can prepare. The Voivode of Mazovia has already publicly stated that imposing the rigor of a location decision paves the way for obtaining building permits and initiates the compensation process for acquiring missing plots
At the same time, there's often a time and money stake: some owners consider PDN to avoid a lengthy process, while others prefer to resist selling because they feel the proposed amount doesn't reflect the true value of their home, business, or lost plans. Information about "bonuses" in voluntary programs also appears in the public domain (e.g., the advertised 120% of land value and 140% of building value under the CPK/KDP acquisition programs), but in a specific case, it's always necessary to check what rules apply in a given area, in what manner, and under what conditions.
The most common mistakes we see in similar cases are simple (and oh so human): signing documents "for peace of mind" without analyzing the valuation report and the tax and credit implications, missing deadlines for appeals or filing evidentiary motions, and failing to conduct your own valuation and provide evidence (such as the technical condition of the buildings, expenses, lost business profits). These can be fixed, but it's usually cheaper and safer to fix things right away.
As a law firm, we can help you organize your documentation, deadlines, and negotiate the most favorable compensation possible.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of February 12, 2026.
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