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Cases

Video analysis of the working case - "How the city authorities decided to withdraw land from the gas station"

Видеоразбор рабочего кейса — «Как городские власти решили изъять землю из-под АЗС»
Dmitry Malinin spoke about how the Yurproekt team, headed by the project manager Yana Alexandrova, fought against the Kemerovo City Administration in the interests of our client.

The Kemerovo businessman has several gas stations in Kemerovo. The land for the gas station is leased from the state.

On this land since the 2010s. there are endless courts: they reduced the rent, argued over the borders with the state and neighbors. They are led by the Yurproekt Bar Association.

At first, we tried to buy land from the state, and the city authorities changed the local documents of urban planning zoning. And the sites entered the so-called engineering and transport corridor - a zone for the expansion of city roads and roadside infrastructure. Land redemption is prohibited in this zone. But this gave us the opportunity to revise the amount of rent - to reduce it to the level of the land tax and return the overpayment.

In 2020, the city authorities decided to withdraw from the entrepreneur one of the sites for future construction in this place of the roundabout.

For such a decision, several conditions are required by law:
1) provide in the General Plan of the city such an object of local importance - a ring road;
2) enter information about future construction in the planning project and in the land survey project.

The price offered by the city for the seizure based on the appraiser's report did not suit the client. And the client, in principle, did not plan to sell his land - the business brings regular income, there are no ready-made sites for the construction of such objects in the city.

What solution we have found - see our video!

PS
Looking ahead - well, someone already knows - we managed to win in the Arbitration Court of the Kemerovo Region - so far in the first instance!


Persons

Author
Dmitriy Malinin
The Chairman of “Jurproject” Bar Association

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