On 28 February 1995, Józef Król, then president of Bolesławiec, signed a notarial deed with Rev. Edward Bober, under which he undertook, on behalf of the residents, to grant perpetual usufruct free of charge for a 264-square-metre plot in central Bolesławiec and to sell, at a reduced price (PLN 3,500), the building standing on it, with a usable area of 400.5 square metres.
Król carried out the decision of the then City Council. Even at that time, councillor Zdzisław Abramowicz, who entered the council from the list of the Community of Catholic Families, argued for the importance and need to establish a parish museum there. It was an organisation under the patronage of the then parish priest of the church at Castle Square, Rev. Edward Bober.
In 2005, councillors representing Bolesławiec residents from the Land of Bolesławiec and Local Government Forum of the Land of Bolesławiec committees brought about the sale of the plot granted in perpetual usufruct 10 years earlier (for PLN 197.60, with a 99% discount). Councillor Jarosław Kowalski, a councillor from the Forum, fought for the highest possible discount for the parish. The notarial deed for the sale of the plot was signed on 6 July 2005 by Bolesławiec president Piotr Roman and the aforementioned priest.
A Regional Museum of Sacred Art was supposed to be established in the building standing on the plot at Castle Square. We wrote about it in the article: The city gave a gift to one of the parishes. Unfortunately, two decades later the museum still has not been established, and the promise cited in the justification for the resolution has not been fulfilled.
Why such gifts for the Church?
The local government emerging after 1989 needed a strong ally, namely the Catholic Church and local parish priests. And they enriched themselves and exploited their position in relation to young politicians. Priests were among the most influential people in the local community, and giving Rev. Bober a plot in the city centre for a pittance shows how the Church was paid for political alliances. Rev. Bober was a seasoned politician much more than a priest, and he also played an active role in elections after 1989. This is how Dariusz Mucha describes him in his book Local Government for the Masses. A Short History of Bolesławiec Local Government
:Everyone knew that during sermons the Prelate did not defer to anyone, and if he needed to censure or praise someone, he did not hold back. Roman did not intend to risk having a strong opponent in his right-wing camp, which would have significantly reduced his chances of taking part in the second round. (...)
The question remains current: will the city seek in 2025 to recover the plot and building in the centre, citing non-compliance with the agreement? The Church’s influence is waning. The president’s sympathies shift with the wind. After 20 years, will local government officials put the city’s interests above the interests of the Vatican?
Behind the resolution
Discussions on this matter took place during the City Council session in February 2005. The draft resolution emphasised that the property—the 264-square-metre plot no. 197—was to be sold “for the purposes of religious activity.” As explained by Head of the City and Municipality Department Jan Kisiliczyk, Article 68(1) of the Real Estate Management Act allowed such a discount to be granted, among others, to churches and religious associations, provided that the land would be used in accordance with the declared purpose.
Councillor Jarosław Kowalski proposed increasing the originally planned discount to 99%. The City Council supported the motion by a majority vote, ultimately approving it in Resolution No. 31/308/05.
How did the vote finally proceed on consenting to a discount on the price of the land property sold to the church for religious activity, together with the amendments submitted? The councillors voted as follows: votes “in favour”—Z. Abramowicz, A. Czeczutka, J. Jasiukiewicz, E. Kowalski, J. Kowalski, S. Małkowski, B. Nowak, K. Pieszko, J. Pokładek, H. Prabucki, A. Skóra; votes “against”—J. Burniak, I. Dul, J. Paździora, S. Szypulski, L. Śliwko, G. Zbieg; did not take part in the vote—S. Andrusieczko and J. Kozioł.
What was promised in 2005?
According to the adopted resolution and its accompanying justification, the parish was obliged to:
- Renovate and modernise the building standing on the plot,
- Establish the Regional Museum of Sacred Art there.
This provision was consistent with the earlier notarial deed, Rep. A No. 1395/95 of 28 February 1995, which also imposed an obligation to adapt the property for museum use. The deadline for completing this work was set at the end of 2006.
During the session, councillor Józef Burniak reminded those present that the notarial deed contained a provision clearly requiring the museum to be established. He also pointed out that, to date, the diocese had not officially agreed to locate a museum in the building, which could have hindered the rapid launch of the planned investment.
Why a 99% discount?
As City President Piotr Roman explained, the decision to grant such a large discount rested solely with the City Council. The plot was in the church’s perpetual usufruct, while its owner (the parish) had applied to purchase it. Based on a valuation report, the value of the perpetual usufruct right was estimated at PLN 19,760. The vote on the amendment providing for a discount of as much as 99% was ultimately approved by 9 votes “in favour,” with 6 votes “against” and 2 “abstentions.”
What does the law provide in the event of failure to fulfil the agreement?
Under Article 68(2) of the Real Estate Management Act, if the buyer sells the property or uses it for purposes other than those justifying the discount before 10 years have elapsed from the date of acquisition, they are obliged to return an amount equal to the discount granted, after indexation. The difficulty, however, is that formally, religious activity need not be limited solely to a museum, and the regulations are fairly flexible when assessing whether the purpose has been fulfilled.
20 years have passed—the museum has not been established
Although the resolution adopted in 2005 clearly stated the intention to establish the Regional Museum of Sacred Art, that promise has not been fulfilled over the past two decades. The building itself still does not operate as a museum. Many residents continue to recall the declarations made years ago and ask why these plans were not carried out.
Can the city demand the discount’s repayment?
In theory, yes—if it can be proven that the property is being used for purposes other than religious ones and that the conditions for granting the discount were not met. In practice, however, city authorities may encounter difficulties in conclusively determining that the provisions were violated. Further complications arise from the fact that 20 years have passed—some of the councillors who approved the discount are no longer active in local government, and oversight of its enforcement may be dispersed.
What next?
The question of the museum’s fate at Castle Square remains open. Voices are increasingly being raised that the 99% discount may have been granted too hastily or without sufficient guarantees regarding the final outcome.
For now, it is difficult to say whether the City Council will attempt to recover the discount or determine another solution. What is certain, however, is that the matter, ongoing since 2005, is becoming increasingly prominent in the local debate, and residents have the right to feel disappointed by the failure to implement the museum plans to which the Church committed in exchange for exceptionally preferential terms for purchasing the land.