Determining compensation for the adoption of the development plan should always take into account the use of the plot in the old plan, even if it?s already ineffective.

On 20 January 2016. Court of Appeal in Katowice issued and favorable verdict for our law firm clients in case connected with compensation for loss of property value due to adoption of the zoning plan. The case concerned the situation when there was some kind of planning gap- when old zoning plan was expired, while new plan occurred after several years.

In that judgment the Court of Appeal confirmed the opinion presented by Duraj Reck Law Firm, that if there is a gap planning in the valuation of real estate, the Courts should compared destiny of real estate in the new plan with it destiny in the old extinct plan for the purpose to establish compensation. This kind of view is significantly different than was presented so far- that the Court should compare the destiny estate from plan with the actual method of estate use .

The Court of Appeal accurately, following argumentation of the Duraj Reck Law Firm, accepted that a citizen can not bear the negative consequences for the omission of municipality, which has not adopted development plan for several years.

This judgment opens the possibility to claim damages for people who have been unsuccessfully trying to seek compensation from the municipalities where in the municipality for some time was no zoning plan, and the newly adopted changed the destiny of their land unfavorably for them.