For this reason, the President of Legnica submitted 89 applications to the District Prosecutor’s Office to reopen proceedings that could result in the repeal of decisions under which businesses were granted ownership of municipal or State Treasury property; in a city with county rights, the President also represents the State Treasury. Fifty-seven applications concern the granting of ownership rights to perpetual usufructuaries over municipal properties, while 32 concern State Treasury properties.
In the Act challenged by the Tribunal, the legislature imposed on municipalities rules governing the disposal of properties they owned. This prevented them from pursuing rational financial management. Municipalities were required to carry out such transfers of ownership.
The Tribunal also acknowledged that the challenged provisions created property privileges for certain groups of entities, particularly commercial companies.
“We submitted the applications in an effort to recover ownership rights to property forcibly sold to commercial perpetual usufructuaries,” emphasizes Jadwiga Zienkiewicz, Deputy President of Legnica. “Of course, we are also aware that it will be necessary to reimburse businesses for the costs they incurred to transform perpetual usufruct into ownership rights. We also expect budget revenues from perpetual usufruct fees to increase.
UM Legnica/ii