The limitations on the use of property imposed due to environmental protection reasons remain binding regardless of the legal title to the property. In other words, should such limitation occur – it cannot be evaded.
These limitations can take one of the following forms:
- protecting areas or objects under the provision of the Nature Conservation Act
- setting the conditions of exploitation of waters of a water region or of a watershed, as well as establishing protected areas over inland waters under the provisions of the Water Law Act
- delimiting quiet zones within and outside of the metropolitan areas
If it turns out that a given limitation renders the current use or the intended use of the property or of part of the property impossible or substantially impaired, the owner of the property is entitled to demand redemption of the property or of part of the property.
The owner is also entitled to claim compensation for the losses incurred, including the decrease in value of the property. The perpetual usufructary is entitled to such claim analogically.
These claims expire within two years since the date of entering into force of a regulation or of an act of local law imposing the limitation on the use of the property.
CGO Legal law firm represents Clients in the process of claiming the compensations discussed above. We also advise on the legal procedures concerning the environmental protection with respect to investment processes such as waste disposal or environmental impact assessments.