Owners of real estate whose value has decreased as a result of the implementation of restricted use areas are entitled to compensation, even if this is not the result of specific restrictions on those areas.
This is the essence of the decision of the seven judges of the Supreme Court's Civil Chamber on Tuesday.
Supreme Court in surrounding areas: restrictions around airports or waste treatment plants
The Supreme Court answered Prof.'s legal question. Joanna Misztal-Konecka, president of the Chamber, whether only the creation of limited use areas around airports (but also, for example, waste processing plants) or noise or unpleasant odors causes a decrease in the value of property and the right of owners of land plots to obtain compensation, or it is necessary special prohibitions are established in the zone concerned.
These special restrictions are regulated in Art. 135 ยง3a Environmental Protection Act. When creating a limited use area (OOU), certain authorities determine land use restrictions and technical requirements for buildings.