Compensation for mining damage – what is it for and under what circumstances?

Upper Silesia, as a region particularly vulnerable to the harmful effects of mining plants, is burdened with numerous damages to both land and buildings. First of all, it is caused by underground works, which have a significant impact on the adjacent land and buildings. Through specific legal regulations regarding the pursuit of claims against mining plants, they are obliged to repair the damage in the manner indicated by the aggrieved entity, i.e. the payment of appropriate compensation or restoration to the previous state.

Mining damage – compensation

Upper Silesia, as a region particularly vulnerable to the harmful effects of mining plants, is burdened with numerous damages to both land and buildings. First of all, it is caused by underground works, which have a significant impact on the adjacent land and buildings. Through specific legal regulations regarding the pursuit of claims against mining plants, they are obliged to repair the damage in the manner indicated by the aggrieved entity, i.e. the payment of appropriate compensation or restoration to the previous state.

What mining damage is covered by a mining claim and where to report it?

The legislator primarily indicates three types of mining damage that may be caused by the operation of an enterprise – in this case a mining plant. They concern damage to construction and farm buildings, land, as well as agricultural crops. It is a broad catalog of possible damages, thanks to which you can effectively seek compensation for damages. The most frequently reported damages include cracks in foundations and walls, damage to building structures or roof structures, as well as damage to land in such a way that it cannot be used for its intended purpose. The catalog of damage remains open, as it is impossible to estimate how the operation of the mine may affect a specific object or property.

What steps must be taken to obtain compensation for mining damage?

The first action to be taken is to submit an appropriate notification of damage to the mine and to apply for compensation for mining damage. Mining plants most often recognize the damage, however, due to the frequent practice of underestimating the value of the damage, the amount paid by the mine or the way it repaired the damage turns out to be insufficient to cover the value of the damage. In such a situation, the only option is to appeal against the mine’s decision and appoint an own expert to fully assess the value of the damage. In the absence of recognition of the claim in full, the only option is to file a lawsuit. The limitation period in the case of mining damage is 5 years from the date of receiving information about the occurrence of the damage in question. It should be noted that only the owner of the property at the time of its creation has a claim for damages. If the property is sold after the damage has occurred, the claim does not pass to the new owner of the property.

If you have suffered mining damage like a building crack as a result of mine operations, contact our law firm for legal action or an assessment of the value of the damage.

Author:

Dr Artur Oleś

Attorney, Tax Advisor, EMBA

Advocate, Tax Advisor, Doctor of Juridical Science. He specializes in issues related to tax optimizations, mergers and acquisitions, as well as criminal and fiscal penal law. Author of scientific publications devoted to, among others. tax ordinance, VAT and income earned through incentive plans in the form of shares and stock options. He has extensive experience and knowledge of law and taxation.

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