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Video analysis of the working case - "How the city authorities decided to withdraw land from under the gas station"
Dmitriy Malinin talked about how the Jurproject team led by the project manager Yana Alexandrova fought against the Administration of the city of Kemerovo in the interests of our client.
A Kemerovo businessman has several gas stations in Kemerovo. Land for gas stations leased from the state.
On this land since the 2010s. there are endless courts: they reduced rent, argued over the borders with the state and neighbors. They are led by the bar association "Jurproekt".
At first, we tried to buy the land from the state, and the city authorities changed the local urban zoning documents. And the sites entered the so-called engineering and transport corridor - a zone for expanding city roads and roadside infrastructure. In this zone, the purchase of land is prohibited. But this gave us the opportunity to review the amount of rent - to reduce it to the level of land tax and return the overpayment.
In 2020, the city authorities decided to withdraw one of the plots from the entrepreneur for future construction in this place of the roundabout.
For such a decision, it is required by law to fulfill several conditions:- provide in the General Plan of the city such an object of local importance - a ring road
- include information about future construction in the planning project and in the land surveying project
The price offered by the city for the seizure based on the appraiser's report did not suit the client. And in principle, the client did not plan to sell his land - the business brings regular income, there are no ready-made sites for the construction of such facilities in the city.
What solution we found - see our video!
P.S.
Looking ahead - well, someone already knows - we managed to win in the Arbitration Court of the Kemerovo Region - so far in the first instance!
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