An article in the Bulletin of the Association of Property Appraisers of the Wielkopolska Region (Poland)

An article by attorney-at-lat Adam Plichta PhD was published in the Bulletin of the Association of Property Converters of the Wielkopolska „Problemy Rynku Nieruchomości” 2 (50) / 2018 (ISSN 1731-1829) entitled „Legal aspects of adequate remuneration for establishing transmission easement”. The article contains, among others, practical aspects of determining remuneration for establishing easement of transmission on the right of perpetual usufruct (prawo uzytkowania wieczystego). This unique possibility was allowed not so long ago by the Supreme Court (case no. III CZP 101/16). It was pointed out that the estimation of the easement value must in such cases include the correction factor related to the value of the real estate as an object of right of perpetual usufruct; the owner of the transmission infrastructure will therefore share the land with perpetual user who is limited to the purpose of this right arising from the contract with the owner. It is worth recalling the draft law on transmission corridors, which in the past aroused much controversy and finally further work was abandoned. Thus, however, there is still no single, unviable mechanism for transmission companies to obtain legal titles to real properties through which energy infrastructure runs. Therefore, this aspect of justice is always resolved in the particular claims of individual property owners.