Does an ordinary citizen have a chance against a powerful corporation? Mr. Mariusz is fighting for his land
The plot, which has belonged to the Bukalski family for many years, is located on the outskirts of Przemyśl. Between Lwowska and Jasińskiego streets. On over 20 ares, the PGNiG branch in Sanok, which is part of the large state-owned company Orlen, exploits natural resources, in this case natural gas. And it wants - according to the Bukalskis - to partially eliminate them! Just as it happened during the Prussian partition.
It was the 1960s. Mr. Mariusz was a little boy who regularly visited this plot with his father. He remembers that they were already digging something then. They were drilling big holes and... they found... natural gas.
- It's an agricultural plot. Times were different than today. There was communism, so no one asked anyone about anything. But I know that in some way they compensated my father for the possibility of exploiting this deposit - explained M. Bukalski. - The last contract I saw, which my aunt initialed, is for the lease of this land. It has never been the case that my father ceased to be the legal owner. Until now, because they want to deprive our family of this. The last contract was until 2020. In 2021, my father died
– added Mr. Mariusz.
He has been dealing with the case since then. He has been fighting for the family property for almost 5 years. He and his brother met with representatives of the Sanok branch of PGNiG. Some offered their conditions, others theirs. That was it.
- They offered three thousand złoty for a year's lease. They also agreed to pay tax for this part. Of course, we did not agree to this, because it is a ridiculous amount. We offered our conditions and since then there has been silence. I know that they also promised to pay agricultural tax for my father, but they never kept their word. My father paid. For almost five years, they have been exploiting our property and they do not pay for it.
– said Mr. Mariusz.
At the end of January this year, the District Court in Przemyśl received a lawsuit from the Orlen company from Płock, represented by a legal advisor from the Sanok branch of PGNiG. The lawsuit is about… limiting the ownership rights of Mr. Mariusz's brother – Zygmunt Bukalski. This concerns the plot of land on which natural gas is extracted. The limitation of ownership rights would be in force until December 31, 2037.
The Act of 9 June 2011 – Geological and Mining Law in Article 18, concerning the limitation of ownership rights to real estate, states, among other things: "1. If someone else's real estate or part thereof is necessary for the performance of activities regulated by the Act, the entrepreneur may request the possibility of using this real estate or part thereof for a specified period of time, in return for remuneration. 2. The use referred to in paragraph 1 may not include the right to collect benefits from the real estate. 3. If, as a result of the limitation of the right, the real estate or part thereof is not suitable for use for previous purposes, the owner (perpetual user) may request that the entrepreneur buy it out. 4. In disputes, common courts shall decide."
- In my opinion, this is all planned. In my opinion, it is an attack on someone else's property. Now we don't even know who we are supposed to talk to. Orlen is taking us to court, our property is being exploited by PGNiG from Sanok. They have created proverbial ten thousand daughter companies, and you should be smart about this, man.
– says Mr. Mariusz.
- They refer to the public good, the interest of the State Treasury. They have a concession and so on. The problem is that it is not their property. It is our property.
- he added...
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