At its session of March 18, 2010 the Constitutional Tribunal decided that Article 29 item 5 of the Act on State Treasury Agricultural Real Properties Management which granted the Agricultural Real Properties Agency a statutory right to buy back agricultural land is contradictory to the Constitution. Provisions of the Act which still remains is force stipulate that the Agency has a right to buy back land from any owner of an agricultural real property within 5 years from the date of sale of the land from the Agency’s reserves for the price for which the Agency sold the real property. In the Tribunal’s opinion, a right to buy-back was constructed in such a way that it constitutes a disproportionate intrusion into the ownership title protected by the Constitution.

The judgment is registered under the Tribunal’s file no. K 8/08.
 

Contact person: Mirosław Stefanik, ms@pnplaw.pl