Seven steps for plot owners. This is how you will protect your rights when investing in energy

— Although the ownership right cannot be just an “empty declaration” and is subject to constitutional protection, thousands of owners struggle with unregulated issues of transmission easements and the lack of market remuneration – emphasizes attorney Bański.

Agnieszka Ryznar adds that in the face of massive investments, For investors, ignoring the owners' claims only becomes a postponement of costswhich can generate litigation and delay projects.

Step 1. Don't ignore the problem. A simple objection will not always block the investment

The appearance of a representative of an energy company with information about the planned construction of high-voltage lines often arouses resistance. However, the provision of media is a public purpose, which gives companies certain statutory rights. In certain situations, the law allows investments to be carried out even without the owner's consent, through administrative decisions limiting the use of the property.

However, it is important to participate in the entire investment process, from beginning to end. Not participating in conversations or skipping correspondence may be disadvantageous because It is at the negotiation stage that the owner has the greatest influence on the financial conditions and the route of the line.

The objection is taken into account during the proceedings, but it does not in itself guarantee that the entrepreneur's plans will be blocked. Knowing these rules allows you to focus on actually securing your interests, instead of just refusing.

Any interference with real estate should result in the payment of compensationwhich compensates for the real effects of the investment. An entrepreneur usually first tries to conclude a voluntary contract and only after the failure of negotiations resorts to compulsory solutions.

Step 2. Don't accept the first offer

The first financial proposal presented by a transmission company is rarely their last word. It usually plays the role of an opening offer, which is intended only to examine the owner's expectations and constitute a starting point for further negotiations. Accepting it without analysis often means giving up the opportunity to obtain better conditions.

Negotiations in such matters are a market standard, not a symptom of bad will or conflict. Only by exchanging arguments can an agreement be reached that reliably takes into account the impact of infrastructure on the value and usability of the land. It is worth treating this stage as a process that requires time and substantive preparation.

Step 3. Be well prepared for negotiations

Effective negotiations require knowledge about the legal status of the planned investment. You should check whether it is included in the local development plan or whether a decision on the location of a public purpose investment has been issued. If such documents are missing, the investment may only be in the concept phase, which increases the owner's negotiating power.

The owner has the right to demand full information from the entrepreneur about the stage of work and documents confirming the right to enter the land. It is important to determine whether the proposed line route is the only possible solution, as the location of equipment is often subject to negotiation.

The mere appearance of a company representative on the plot does not mean that he has effective legal grounds to interfere with the property. Only full knowledge allows one to assess whether an entrepreneur can actually use coercive measures.

Step 4. Think about your arguments. Negotiations are not just about money

Although the amount of remuneration for the transmission easement is crucial, the subject of the arrangements may be a much broader catalog of mattersw. The owner can negotiate the route of the infrastructure so that moving the line minimizes losses in the value of the plot and did not block its future development.

Equally important are the dates of entry to the plot and the rules for restoring the area to its previous condition after completion of the works. It is worth including precise provisions in the contract regarding liability for possible damagescontractual penalties and how to remove failures in the future.

A conscious approach to these issues allows for partnership-based conversations. A well-drafted contract should protect the owner and his legal successors throughout the entire period of the infrastructure's existence on the land.

Step 5. Check if you are the only person in this situation

Transmission infrastructure typically runs through multiple adjacent parcels, meaning other owners are in a similar position. Working together and sharing information between neighbors increases bargaining power and make it difficult for the company to apply different, less favorable conditions to individual people.

Coordination of positions reduces the risk of the entrepreneur applying time pressure or suggesting that “others have already agreed.” From the transmission company's perspective, concluding one, unified settlement with a group of owners is sometimes more profitable than conducting many separate disputes.

Step 6. Negotiation is not war

Talks with a transmission company are a game of interests in which each party has its own goals: the owner wants property protection, and the company wants efficient implementation of the investment and adherence to schedules. Understanding that an entrepreneur is pressed for time may be an asset to the owner in reaching favorable terms.

Before the meeting, it is worth defining your minimum points, which you do not intend to give up. Avoiding extreme attitudes – both automatic conflict and submission – allows negotiations to be based on facts and documents.

A settlement makes sense when it actually protects the owner's interests and is not the result of fear of administrative procedures. It is important to remember that formal disputes are costly and time-consuming for both parties, which is often a motivation to find an agreement.

Step 7. Don't agree to a settlement at any cost

Failure to reach an agreement through negotiation is not a failure – the law provides administrative and judicial paths as standard tools for resolving such matters. INthe owner may pursue claims for the establishment of a transmission easement and remuneration for non-contractual use of the landand even compensation for reduced property value.

The decision to take the formal path should be carefully consideredbecause these proceedings require time and consistency. However, they are not a manifestation of “pity”, but an implementation of the constitutional protection of property.

The final choice between settlement and court must be conscious and based on risk analysis, and not forced by pressure. Correct regulation of relations with the land owner, based on market rates, is the foundation for the efficient implementation of the energy transformation.

The most important piece of advice

When an investor appears, it is worth considering seeking help from experts. The support of specialists is crucial when the investment concerns higher-risk infrastructure (e.g. high-voltage lines) or real estate of significant value. A lawyer helps assess the basis of a company's operations and indicates hidden risks in draft contracts.

The help of a property appraiser is also necessarywhich will independently assess the financial impact of the investment. Valuations presented by entrepreneurs are often prepared at their request and may not fully reflect the actual reduction in the value of the land. Your own valuation report is a strong, substantive argument in conversations.

In matters of great financial importance, expert assistance is an investment that allows you to make safe and conscious decisions that affect the property for many years.

Sometimes it is worth spending two, three, or even five thousand on an appraisal or legal advice to gain stable income for years. Having strong arguments makes it easier to negotiate.