Odpowiedzialność Skarbu Państwa za przejęcie nieruchomości rolnych na mocy dekretu PKWN z 6 września 1944 r. o przeprowadzeniu reformy rolnej na przykładzie majątku Lubowicz Wielki
Responsibility of the Treasury for the takeover of agricultural property under the PKWN decree of September 6, 1944 on carrying out agricultural reform on the example of the Lubowicz Wielki estate

Summary/Abstract: The decree of the Polish Committee of National Liberation of September 6, 1944 on the land reform nationalized numerous agricultural properties, changing the ownership structure of the Polish countryside at that time. The aim of the article will be to present the actual state of the property of Lubowicz Wielki, which became a victim of the expropriation contrary to the law at that time. The current proceedings of the legal successors of the former property owners to declare the invalidity of expropriation judgments will be analyzed, as well as the issue of the State Treasury's liability for damages. The considerations will show the unprecedented nature of the facts, the negligence of the current legislator in the issue of re-privatization and the conclusions that result from the implementation of the land reform. The work was largely based on court findings, decisions of administrative bodies, memories of the current heir of Romuald K., testimonies of witnesses, as well as documents that were addressed to numerous bodies and institutions in the years 1949 - 1990. In the facts described by me, there were numerous violations by the expropriation authority, which allowed for the annulment of nationalization judgments by the Minister of Agriculture and Rural Development in 2009, and then seeking compensation for damage resulting from the issue of a defective administrative decision, as well as bringing an action to establish the content of the land and mortgage register with the actual legal status, towards real estate owned by the State Treasury. The described facts are a unique and unprecedented example of the restitution of legal successors more than 70 years after the expropriation of their predecessors. The aim of the study is to answer the question of the expropriated owners or their legal successors, whether they can claim any compensation from the State Treasury today for the damage caused as a result of a faulty land reform.

• Details
• Contents