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KOWR excludes land – the tenant is the enemy of the people

KOWR wyłącza grunty - dzierżawca wrogiem ludu

The issue of statutory exclusions of land from large leases and their management by KOWR is a topic that still arouses understandable emotions among farmers. Many times in Farmer we have stood on the side of individual farmers demanding a quick takeover from companies and the distribution of state land by KOWR. In the case of this company, however, the matter does not seem so obvious. Why?

Kombinat versus KOWR

This is the Świdnica Agricultural Kombinat in Lower Silesia, whose president is Leszek Wojciechowski, a well-known dairy breeder in the country and president of the Polish Federation of Cattle Breeders and Milk Producers in Lower Silesia.

-In 2011 immediately before the entry into force of the act on the so-called In the 'thirties', in order to maintain the lease, I had to exclude 30% of the leased land for the needs of local individual farmers. After the act entered into force in 2012, the company agreed to exclude another 30% of the leased land. However, no documents were signed in this matter and it was not our fault. Now KOWR, without any justification, demands that we exclude 40% of the leased land. Therefore, the company would have to give back a total of 70% of the originally leased land – summarizes the current state of affairs.

Kombinat Rolny Świdnica originally leased 2,800 ha of land, currently it farms 1,381 ha. He grows wheat, barley, rapeseed, corn, sugar beets, potatoes and peas. As the owner assures, crop rotation is exemplary and the land is kept in the highest condition. The plant is also famous in the country for dairy cattle breeding; its herd numbers 600 cows, which can often be admired at livestock exhibitions.

Because the official forgot

-The genesis of our current problems goes back to the day when an official of the then ANR did not arrive at the scheduled meeting at which we were supposed to reach an agreement on the exclusion of the second tranche of leases – says Leszek Wojciechowski. -The next day it turned out that it was already past the deadline and the Agency did not see way to "straighten out" this situation. It was most convenient for the officials to assume that we were the ones who did not agree to the exclusion of the "thirty" line. KOWR later demanded not 30, but 40% of the land from our lease.

The entrepreneur did not agree with this decision and as a result the case went to court, which kept postponing the decision.

Better for whom?

-The director of KOWR in Wrocław was adamant and did not want to agree to 30%. However, the headquarters in Warsaw accepted my arguments and also agreed to gradually hand over the land. The parties submitted a request to the court to postpone the hearing in order to reach a settlement. However, then the KOWR in Wrocław, as I guess after pressure from interested local lobbyists, stiffened its position and again insisted on 40% of switching on – reports the head of the plant in Świdnica.

-The director did not justify his position in any way, he simply said that he thought it would be better this way. And I don't see any reason why I should be treated more severely than other tenants, argues Leszek Wojciechowski.

A Polish farmer, but an entrepreneur

Doubts about this matter also arise for many other reasons. The agricultural enterprise from Lower Silesia is a company with 100% domestic capital and its history is different from other companies.

-In 1997 I had a good job in a high position, but I risked everything to create something new and pursue my beloved agriculture – recalls Leszek Wojciechowski. – I entered the tender and bought 100% of the shares in the state-owned company. I have devoted almost 30 years of my life to this farm and I have nothing to be ashamed of.

According to the president, Kombinat Rolny Świdnica provides work to over 50 residents who would rather have problems with employment outside agriculture. The company is also an important link on the local agricultural market. It has warehouses and storage rooms, purchases agricultural produce from local farmers and provides services. It is also an important supplier of milk to dairies. In addition, it takes care of 3 historic palaces and 4 courtyards, which would have probably fallen into complete ruin long ago if it were not for the plant.

-I don't understand the law under which one wants to destroy one farmer and take away his land to give to others so that they can have more at his expense. I am also a farmer, but I operate as a legal entity. I provide employment and pay taxes, says Wojciechowski.

Land hunger

As the president argues, the "land hunger" cited by agricultural organizations in the region does not apply to small farmers at all – both due to lease prices and the uncertain situation in the agricultural industry and markets.

-I am convinced that small farmers will not receive this land from our plant, because nowadays it is too much of a financial risk for them. It will be taken by those who already have 200, 300 or more hectares, but allocated to their children. There are even people who get divorces so that they can bid separately from their wives – says our interlocutor. – In my case, this land provides work and a living for many families, it will be used for their private enrichment.

Employees of the Świdnica plant submitted a protest to the Ministry of Agriculture and Rural Development and the National Environmental Protection Agency, asking why one social group – those employed in agriculture – is treated worse than another – those working on their own land.

Wholesale degradation

The lessee also raises the issue of the inefficiency of the KOWR in the process of managing the land returned to the State Agricultural Property Resource.

-What is the point of such "wholesale" taking away land from tenants if the land then lies fallow because KOWR is unable to quickly carry out the necessary procedures, prepare documentation, survey divisions and prepare tenders? – asks an entrepreneur from Lower Silesia. -We have examples in the region: Stary Jaworów, Wilczkowice, Rogów Sobócki, Wielka Lipa. The land there is overgrown with weeds. Yet the release dates could have been extended to keep it in good culture.

Resort at a distance

The president of the plant also criticizes the government's lack of a clear position on the issue of exemptions.

-The Constitutional Tribunal found that the act in its current form is inconsistent with the legal order, is retroactive and violates the rights of entrepreneurs. The provision on the recognition of historical exemptions for large tenants disappeared from the original draft of this act in unclear circumstances, says the head of the Lower Silesian company.

-Minister Siekierski, on the one hand, promises farmers land at meetings in chambers, and on the other hand, in the presence of tenants, appeals to subordinate officials from KOWR for common sense when making exclusions, especially in the case of breeding farms. Officials should probably stick to the regulations and listen to the boss's orders. But the government cannot continue to stand back and avoid making decisions. If the law is defective, it can be improved, argues Wojciechowski.

-What should I tell my employees and their families? How can I plan my work in a company if I don't know how much land the state will take from me? What wrong have I done by renting this land that I am treated as an enemy of the people? – asks the president of the Świdnica plant.

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