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Breach in limitation on acqusition of agricultural lands | Resolution of Polish Supreme Court

Provisions of amended Law on shaping the agricultural system in the wording after April 30th, 2016 imposes far-reaching restrictions on sale of agricultural lands. The amendment introduced general rule that only individual farmers are allowed to acquire agricultural land. Please check our recent article dedicated to this amendment here.

Nevertheless, on August 24th, 2017 Polish Supreme Court has issued a resolution, which constitute a breach to this general provisions described above.

In this aforementioned resolution, Polish Supreme Court stated that limitations on the purchase of agricultural land by entities other that individual farmers shall not be applied to the acquisition of agricultural lands by the way of enforcement proceedings initiated before April 30th, 2016 (i.e. before the amendment entered into force).

It means that entity, which is not an individual farmer within the meaning of art. 2a of Law on shaping the agricultural system is entitled to acquire agricultural land as a result of successful enforcement, if the proceedings was initiated before April 30th, 2016.

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Author team leader DKP Legal Michał Dudkowiak
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