Bemowo. They have known for over four years that they will lose their home. The city is delaying with a buyout

Over four years ago, real estate owners at Batalionów Chłopskich Street in Bemowo learned that the road would run in the place of their house. Since then, the metro tunnel was managed to dig a building under the building, and the city still did not submit an offer to buy a plot. In addition, a 70-year-old resident must be ready to visit engineers or builders building an underground railway.

A nice house and a well -kept garden that catches the eye after entering the plot is just appearances. After a while, we notice the area separated by a tin -tin fence, numerous markers stuck in the ground, shock sensors and cable beams. In the area behind the house, the family can basically do nothing, the meadow is neglected and overgrown. These are the effects of employees of the construction of a new metro line under the plot.

– The greatest nuisance occurred when something began to happen to the land on the plot. At that time, part of the garden was completely separated and shock sensors were established. People from the metro construction began to arrive even a few times a day to check the readings. At the time when a tunnel drilling shield under our house, my mother had to pull all the things off the walls. – says co -owner of the plot Mr. Piotr. – If the city normally bought a plot two years ago, now they would have continuous access to this area, and my mother would not have to do as a caretaker. – he adds.

The effects of the construction of the metro on the plot

“I am treated as a caretaker”

Only 70-year-old Mrs. Barbara permanently lives at home. He complains that in connection with the construction, he stumbles on markers in his own garden. He claims, however, the biggest nuisance are the constant visits of construction workers. Since the work related to the new metro line has started, it must regularly let them into the property. They come to the place, among others, to install new installations, read measurements or mark the area with dowels.

– My son told me to write every visit to the calendar. Last year there were over 60 of them. It happened many times that employees came several times a day. I couldn't make an appointment or shopping, because they could call at any time that they would have to open them soon. – says Barbara. – Over time, they learned to ask first if I was there, but at the beginning they called that they would come in a moment and they would have to open. I am acting in my own home now as a caretaker.

There will be no house, the plot is still unruly

– My father wanted to sell this house many years ago to the developer, but the city refused to issue a building permit. This was related to the preliminary plans for the construction of new metro stations and the developer withdrew from the transaction – says Piotr. – In principle, we were already aware that sooner or later we would not be able to live here.

In June 2020, the Mazovian Voivode issued a decision regarding the location of new stations of the second metro line. The mentioned decision covered the plot on which the family home of Mr. Piotr is located, currently inhabited by his 70-year-old mother. The decision did not anticipate the purchase of the plot, but limited the possibility of using it due to the need to build ground elements of the metro installation on it. Since then, the owners of the plot could not carry out renovations without the consent of the voivode, and each subsequent buildings became impossible.

– Nobody from the City Hall talked to us. We know that the Bemowo District Council, which tried a lot to help us, got the answer from the city that the purchase was justified and the money is intended for it. – says Mr. Piotr. – The commune informed us that the city intends to make a plot of land and experts came after a few days. We know that this valuation was created, it went to the commune, but since then we have not been presented any offer – he adds.

The property was 80 percent transformed into a road plot

The case went to court

– After six months, during which we did not receive a response to our application, we referred two or three letters to the Commune Office that in such a situation we have no choice and we must refer the case to court. In response, we received information that the commission would gather and negotiations will start. However, nothing happened again – says Piotr. – Therefore, at the end of last year, we submitted an application to the court for an administrative decision. At this moment, the court gave the commune time until the end of March to make a decision – he explains.

– According to the law of this plot, you cannot fail to buy. If the city does not give any answer, the court will decide what the amount of this purchase will be. The fact is that we did not agree to court negotiations, because it will extend the time of the whole procedure even more. However, we are still open to the fact that someone from the city will come to us and present the offer.

The city responds

We asked the city representatives to respond to the allegations. We asked them, among others, about the actions taken to buy real estate and further plans of the city in this matter.

– Warsaw City of Warsaw from the moment the co -owners submitted to the property located at ul. Chłopskich Battalions 83, applications for compensation, and then for the purchase of a said property, undertook activities aimed at assessing the legitimacy of these applications, which results even from the exchange of correspondence, in which the Capital City of Warsaw Warsaw incl. informed co -owners of the actions taken and explained the legal regime of the claims. – informs spokeswoman Marzena Gawkowska. -The final end of these conversations, however, decided to transfer the case to court proceedings. Currently, proceedings before the District Court in Warsaw are pending in this case. The proceedings are located at the stage of further actions by the court after submitting by the Capital City of Warsaw Warsaw answers to the lawsuit. Now it is the court in the content of the verdict assess the legitimacy of claims and possibly pricing them. – he adds.

It should be noted that property owners actually rejected the possibility of judicial mediation, but at the same time pointed out that they were still open to consider the offer if it is submitted. The city confirms this version of events. The key, however, is the fact that the application for total purchase was submitted by the owners on November 18, 2022. They filed a claim for a substitute decision to court on June 3, 2024. For over a year and a half, the city did not submit any offer to owners. Joke. 37 para. 9 of the Act on spatial planning and development, it is clear that the city has six months to perform the obligations related to claims from the date of receipt of the application. In case of delay, the owners belong to interest.

Performance of the obligation arising from the claims referred to in art. 36 The right to claim compensation from the commune or requesting the purchase of real estate para. 1-3, takes place within 6 months from the date of submission of the application, unless the parties decide otherwise. In the event of a delay in the payment of compensation or the purchase of real estate, the owner or perpetual usufructuary of the property is entitled to statutory interest for delay.

Art. 37 para. 9 of the Act on spatial planning and development

Each subsequent month is interest

Pursuant to the Act, from the moment the owners submitted the application for a total purchase of real estate, the city was half a year to conduct and finalize negotiations. Since this has not happened, interest has been charged since this period.

– From the appraisal report, which we performed in 2023, it appeared that the property was worth less than nine million zlotys. I suspect that at the moment it is a little over ten million. – says Piotr. – However, the interest themselves have been charged for almost two years and at this time they amount to over two million zlotys

Bemowy councilor Kamila Gołębiowska, who intervened in this matter, also referred to the case. – From my perspective, in addition to the problem of residents, it is also an important issue that delaying the city causes interest. This is a specific amount that we will all bear, because it is our taxes that consists of the city's budget.

The city did not answer our questions about interest.

Councilor's intervention

To explain the situation and determine the reasons for the delays of activities related to the purchase of real estate, the councilor submitted an interpellation to the President of Warsaw. She also appealed to take action to start and finalize negotiations.

– It is completely incomprehensible why all this process is going on. I am waiting for what the city has to say in this matter. Maybe there are some rational reasons, but I don't understand why they were not presented to the owners. I also know that at some stage the city commissioned a real estate valuation, but the owners say that it was never presented to them.

After 16 days, the Director of the Coordinator for Real Estate Management at the Town Hall in Warsaw responded to the interpellation of the councilor. In the letter, however, in vain to look for the answer to the question why owners are waiting for more than 2 years to submit a purchase offer. However, it stated that a special team gathered, which found the legitimacy of the claims of the property owners.

– It is still incomprehensible to me by the length of the city's actions, i.e. what happened between April 2023, when the applicants made their claims of the purchase until June 2024, when the case went to court. The city should close negotiations in accordance with the regulations. And the city is silent about this issue. Meanwhile, the owners are still in uncertainty about their future and have no information from the city. – comments the city of the city councilor Gołębiowska. – It cannot be that people who were clearly injured in connection with the decisions taken by local government bodies are left alone. I expect the city to take specific actions to bring the matter to an end. The answer contained in the interpellation is not exhaustive to me and I will apply for further explanations and information and documents. – he adds.