Hundreds of thousands of Polish plotters are looking at fresh regulations with concern. Adopted by the Sejm, the peculiar prepared by the Ministry of Defence gives the government a powerful tool to rapidly take over land for defence investments. They were besides targeted Family Landing Gardens (ROD). Although an amendment was introduced at the last minute to defend the interests of users of plots, the Polish Association of Landowners (PZD) beats the alarm. Experts inform that this can only be the beginning of a conflict to preserve the long-term acquis and get fair compensation. The fresh law, aimed at strengthening the safety of the state, can become a drama for millions of Poles, for whom the game is not only a hobby, but frequently a second home and a pantry.
What precisely does the fresh MON speciality assume?
The fresh State Defence Investment Act is simply a legislative pick-up to drastically accelerate the implementation of key military projects. Its main nonsubjective is to simplify procedures related to the construction of units, ammunition warehouses or programme elements “The Tartar East”. In practice, this means that a number of standard administrative requirements, specified as obtaining environmental permits or compliance with local spatial planning, may be omitted.
A key component of the law is the anticipation of creating alleged protection zones around strategical investments. If private land is located in specified a zone, including the household Land Garden, the state at the request of MON will be able to decide immediate expropriation. It is this simplified and accelerated way that gives emergence to the top controversy. The procedures to date, although time-consuming, have given landowners and users much greater scope to defend their rights and negociate conditions.
Expropriation and damages. The top concerns of the parcels
The top concern among land-based environments is the provisions on compensation. The first version of the peculiar law assumed that, in the event of expropriation, compensation would be granted only for land-related permanently. This means that the game could number on compensation for brick gazebo or foundations, but not for years of plantings, fruit trees, shrubs, irrigation systems or light constructions, which represent the real value and heart of each garden.
The Polish Association of Landowners from the beginning warned that specified a solution was grossly unfair. For many, especially the elderly, the land is simply a life asset. The value of plantings, the work put into farming and the creation of a place to remainder is frequently much higher than the value of the infrastructure itself. No full compensation would mean an unrepentant financial and emotional failure for them. The NCA stresses that fair compensation must take into account all the assets on the game and not just those which the legislature arbitrarily considers to be ‘permanent’.
A last-minute rescue? Parliamentary amendment to defend the Rod
In consequence to the loud protests of plotters and the intervention of the PPD, on the last day of the bill's work in the Sejm, Members of the civilian Coalition tabled a key amendment. According to its content, the rules on expropriation will not be applied to properties constituting household Land Garden. This is simply a fundamental change that should theoretically calm the mood.
What does this mean in practice? If the MON decides that a military investment must be created within a given ROD, the liquidation of the garden will gotta take place on the terms laid down in a separate Family Land Gardens Act. And this bill provides for much more favourable conditions. It guarantees plots full compensation for all assets – including plantings and gazebos – and requires the municipality to rebuild the garden in a new, convenient location. The amendment was accepted by the Sejm, which the PCD assessed as a step in the right direction and success of the land-based environment.
P.D. alarms: it's inactive not enough. What's next on the bill?
Despite the adoption of the key amendment, the Polish Association of Departators remains vigilant and warns that the fight is not over yet. There are concerns that the evidence may prove imprecise or in practice there will be attempts to circumvent it. Therefore, the PPD announces that it will carefully monitor further work on the bill, which has now reached the Senate. relation does not preclude introduction further clarificationsto yet and unequivocally safe the rights of more than 1 million Polish plotters.
Currently, the bill is in the legislature committees, where it can be modified further. The final form of the regulations will be known in the coming weeks. The situation remains dynamic and it is crucial for the plotters to follow the PPD messages and reports from Parliament. Although the direct threat of fast expropriation without full compensation has been averted, the fresh MON speciality permanently changes the legal scenery and shows that ROD sites can become the goal of strategical state investment.
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The government can take over your plot. The fresh MON Act is simply a real threat
