In today's article from the "Lawyer on the Farm" series, we will try to answer a fundamental issue in the context of the creation of the Central Communication Port/Port Polska, i.e. the amount of compensation due to people affected by expropriation for the investment.
Expropriation for the CPK project may involve a house, agricultural plot, investment land, or even a commercial property. For many people, real estate is not just an asset; it's also a family home, a long-term farm, a workplace, or financial security for the future. Therefore, the issue of compensation for property acquisition requires verification of whether all relevant circumstances were taken into account when determining the amount.
Compensation must be fair
The Constitution of the Republic of Poland, in Article 21, Section 2, stipulates that expropriation is permissible only for public purposes and against just compensation. In practice, this means that a person deprived of their right to real estate should receive compensation corresponding to the value of the lost right.
In the case of investments related to the Central Transport Hub/Port Poland, the provisions of the Act of 10 May 2018 on the Central Transport Hub apply primarily. This Act contains specific rules for the acquisition of real estate and determining compensation. In matters not specifically regulated by the Act on the Central Transport Hub, the provisions of the Act of 21 August 1997 on Real Estate Management also apply accordingly.
Importantly, the acquisition of property for CPK purposes can occur by operation of law, as stipulated in Article 48, Section 1 of the Central Communication Port Act. Therefore, owners should carefully read any decisions and letters they receive, as they may involve significant deadlines and consequences for property ownership.
What does the amount of compensation depend on?
The basis for determining compensation is the property's market value. However, this doesn't mean simply checking the price of a similar plot of land or a house for sale online. The value should be determined by a real estate appraiser in a valuation report, a professional opinion regarding the property's value.
Factors that are important in a property valuation include plot area, type of development, technical condition of buildings, road access, utilities, the property's intended use in the local zoning plan, its legal status, and its actual use. For example, a homeowner might consider utilities, fencing, a paved driveway, outbuildings, and incurred expenses. For a business owner, it might be important whether the property was used as a warehouse, workshop, office, or service location.
Pursuant to Article 60, Section 1 of the Central Communication Port Act, the condition of a property is determined as of the date the decision establishing the CPK investment location is issued, while its value is determined as of the date the decision determining compensation is issued. This distinction has practical implications. Not every subsequent change to the plot or building will be automatically reflected in the valuation.
When can compensation be higher?
The Central Communication Port Act also provides for solutions that may increase the compensation amount. One of these solutions involves the timely delivery of the property. If the owner or perpetual usufructuary meets the conditions specified in the Act, the compensation may be increased by 5% of the property's value or the right of perpetual usufruct. This increase is based on Article 65 of the CPK Act.
In certain cases, it is also possible to increase the compensation by PLN 10,000. This applies to real estate with a residential building or to residential premises, provided that the conditions set out in Article 64 of the CPK Act are met. However, each case requires an individual assessment, especially if the property has multiple co-owners, is rented, or serves both residential and business purposes.
The regulations also provide a specific method for accounting for the increase in property value related to the purpose of expropriation. Pursuant to Article 61, Section 5 of the CPK Act, the amount of compensation may depend on the difference between the value resulting from the permissible use of the property related to the purpose of expropriation and its current purpose. However, this does not mean that every property automatically increases in value simply because it is to be acquired for the CPK investment.
It is worth checking the valuation report
In practice, many uncertainties arise when analyzing appraisal reports. The valuation may not take into account all the property's features, the owner's outlays, the actual use of the land, or appropriate comparable properties.
For example, the owner of a plot of land with a house may receive a valuation that includes the building's square footage but ignores some existing utilities, outbuildings, hardscape, or other benefits inherent to the location. Alternatively, a business owner may find that the valuation report treats a property used as a business location in the same way as ordinary land without a commercial purpose.
This doesn't automatically mean that the compensation decision is incorrect. However, it's worth analyzing, as incorrectly selected comparable properties or incomplete property data can have a real impact on the compensation amount.
It's worth acting calmly
Cases involving expropriation for the CPK project require, above all, adherence to deadlines. The owner should retain all correspondence, carefully read the decisions, and verify which documents formed the basis for determining compensation. The valuation report is particularly important, as it often explains why the authority established a specific amount.
Our legal assistance may include analyzing decisions and valuation reports, verifying the legal status of the property, developing a strategy, drafting written documents and appeals, participating in negotiations, and representing the property before authorities or courts. It is also important to verify whether statutory compensation increases have been properly applied and that the deadline for taking action has not expired.
A well-timed analysis allows for a more orderly situation and better protection of the owner's rights. This isn't about filing letters for fun, but rather about a thorough and professional verification that the compensation has been determined taking into account all the data related to the specific property.
Before the consultation, it's worth preparing a decision regarding the investment location or compensation, a valuation report, a notarial deed, an extract from the land and mortgage register, maps, building documentation, photographs, and invoices confirming the incurred costs. All correspondence with the body or entity managing the investment will also be useful. In the case of property used for business purposes, it's also worth collecting contracts, documentation of costs, and materials confirming the use of the property.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 22, 2026.
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