In a case handled by advocate Maciej Obrębski and attorney-at-law Roman Radosław Gospodarczyk, the Regional Court in Warsaw confirmed that the prerequisites for awarding compensation for a landed estate located in the present Masovian Voivodeship—unlawfully taken after World War II by the State Treasury under the pretext of carrying out agrarian reform—had been met.
Because the seized property had been transferred by the State Treasury to third parties, the heirs of the former owner were unable to recover title. Nevertheless, one of the entitled persons entrusted the Firm with the complex task of obtaining compensation. The matter involved a number of disputed factual circumstances, concerning above all the character of the property and the manner of its use and development, as well as legal issues, including the unlawfulness of the State Treasury’s acts of disposition and the Civil Code prerequisites for damages.
Although the State Treasury defended itself by every possible means—instrumentally invoking defenses of adverse possession and limitation, and even disputing its passive standing (standing to be sued)—the Regional Court upheld the claim and awarded an amount of over PLN 1 million by way of compensation, constituting a fair and expected redress for the unlawful and culpable actions of state authorities.
Justice does not always come quickly or easily, but once again it proves worth fighting for.
