After a hearing at which we represented our client and argued on his behalf, the Supreme Administrative Court sent a request to the Constitutional Tribunal on the constitutionality of the procedure of including monuments in the provincial register of monuments, de facto without the possibility of protecting the right of ownership of the owner. Abuse of this right by the conservation authorities (e.g. as a result of a limited query) could in practice result in a far-reaching restriction of the right of ownership. It is worth noting that conservation offices do not have (given their budgets) the ability to prepare comprehensive reports synchronizing old cadastral maps with modern property boundaries each time. Meanwhile, the graphic attachments they create for the register of monuments may service as decisive grounds for refusing to issue development terms favourable to an investor.
