Abstract

The article analyses acceptability of reopening real estate purchase or compensation proceedings with respect to the limited use of real estate because of its location in the limited use area , e.g. around airports, after the judgment of the Constitutional Tribunal of 7 March 2018, K 2/17, which came into force on 15 March 2019. In our opinion, contrary to what the Constitutional Court indicated in point 4 of its statements of reasons, there are no grounds for reopening the proceedings in which the case was dismissed due to the lapse of the 2-year deadline. We decided that it would be worth taking part in the discussion on this subject to show the claimants that their situation is not as obvious as it would seem basing on the statement of reasons for the judgment. The divergence of views in this respect is significant. The view we have presented may prove helpful in deciding whether to apply for a resumption of the proceedings, as well as in assessing the new resulations introduced on 14 March 2019 to the Environment Protection Law from the viewpoint of their compliance with the CT judgment.