Property Owners Seek Compensation for Utility Infrastructure, Claims Reach Hundreds of Thousands of Zloty

Property owners in Poland are actively pursuing compensation from network operators for utility infrastructure, including power lines and gas pipelines, that crosses their land. This trend has gained significant momentum following a December 2025 ruling by the Constitutional Tribunal, which has reshaped how these claims are handled.

For decades, infrastructure like power poles and high-voltage lines were often placed on private property without formal agreements or compensation for the owners. This issue is particularly prevalent with infrastructure dating back to the communist era (PRL), when the legal concept of an easement for transmission (służebność przesyłu) did not exist in civil law. This legal instrument was only introduced in 2008, allowing companies to use private property for infrastructure in exchange for remuneration to the owner.

Previously, utility companies often invoked adverse possession (zasiedzenie) to claim rights to use land without payment, arguing long-term usage granted them entitlement. However, the Constitutional Tribunal's ruling in December 2025 challenged this practice. The court questioned the legality of companies acquiring rights equivalent to transmission easements through adverse possession for periods before August 3, 2008, especially if no expropriation or administrative decision had been made. This ruling prompted courts to scrutinize the legal basis for using private land more closely.

Recent court decisions reflect this shift. The District Court in Rzeszów awarded a property owner over 180,000 Polish zloty in one-time compensation, rejecting the utility company's claim of adverse possession. In another significant case, the Supreme Court granted a claimant over 335,000 Polish zloty. While legal interpretations are still developing, rulings increasingly emphasize the constitutional protection of property rights. Network operators are also beginning to propose settlements, though these offers may be considerably lower than valuations by experts or amounts awarded by courts. Individuals whose utility infrastructure was placed on their property without a contract, administrative decision, or compensation can claim payment for unauthorized use, request the establishment of a paid transmission easement, and in some instances, seek damages for diminished property value.