Abstract

The author focuses on establishing whether the location of a property within the administrative boundaries of a township excluded it from the application of the 1944 agrarian reform. He also criticises the commented judgment insofar as it leaves out existing case law of the Supreme Administrative Court. He assumes that only those properties were seized by the State which could be classified as “landed property” and “agricultural property”. Those attributes do not overlap. The fact that a property was located within boundaries of a township should exclude it from the agrarian reform, whereas a landed property could be seized by the State only when at the same time it was an agricultural property, that is its purpose was listed in Art. 1.2 of the decree on the agrarian reform issued by the Polish National Liberation Committee on 6 September 1944.