Compulsory alienation of land plots | Seizure of land plots for state needs | Compulsory purchase of immovable property

The Nauryzbay District Court of Almaty considered a civil case in open court: on the compulsory alienation (purchase) of a land plot and other immovable property for state needs. In order to implement the General Plan of Almaty, approved by the Decree of the Government of the Republic of Kazakhstan dated December 19, 2002, No. 1330, based on the resolution of the Akimat of Almaty "On the commencement of compulsory alienation of land or other immovable property in connection with the seizure of land for state needs" dated 02/28/2019. No. 1/1-284, in accordance with subparagraph 4 of paragraph 2 of Article 84 of the Land Code of the Republic of Kazakhstan, for the construction of an electric transport facility, the land plot belonging to K.O.N., cadastral No. 20-322- 006-633 with an area of 0.1444 hectares and a residential building located on it, are subject to compulsory alienation, including through redemption, for state needs. with a total area of 251 sq.m., at the address: Almaty, Nauryzbay district, mkr....., house 2, sq.2. On 11.03.2019, the defendant received a notification of the impending alienation of the land for state needs. The defendant purchased this land plot under a purchase and sale agreement dated 04/17/2018, in which the value of the land plot is 375,000,000 tenge. According to the real estate valuation report of Capital Assessment Group LLP dated 04/17/2019, the market value of the seized real estate is 116,909,447 tenge (including: 42,519,353 tenge – the market value of the land plot; 74,390,094 tenge - the market value of an apartment building). The defendant was offered compensation for the land plot and house forcibly alienated for state needs, the purchase agreement for state needs has not been concluded, no agreement on the purchase price has been reached, therefore, the Akimat of Almaty appealed to the court with a claim to forcibly alienate for state needs the land plot cadastral No. 20-322-006-633 with an area of 0.1444 hectares and the residential building located on it. with a total area of 251 sq.m., at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2, belonging to..O.N. To determine the amount of compensation for a land plot and an apartment building forcibly alienated for state needs at the address: Almaty, Nauryzbay district, house 2, sq.2, in the amount of 116,909447 tenge, for subsequent payment to K.O.N.

Compulsory alienation of land plots | Seizure of land plots for state needs | Compulsory purchase of immovable property

Forcibly terminate the right of ownership of the land plot and residential building at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2. Evict O.N. Kuznetsova and all cohabiting persons from the occupied land plot and apartment building at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2. At the hearing, the plaintiff's representative Brevnov R.E., having supported the claims in full, asked to satisfy the claim. At the hearing, the representative of the defendant Kayshybekov M.E. partially agreed with the claim, indicating that they did not agree with the proposed amount of compensation, since according to the valuation report No. 70/2019 dated 06/10/2019, compiled by the Valuation Institute LLP, the market value of the property is 228,734,302 tenge. After listening to the explanations of the parties, the conclusion of the prosecutor, who believed that the claims were subject to partial satisfaction, having examined the case materials, the court comes to the following conclusion. The claims of the Akimat of Almaty regarding the compulsory alienation for state needs of the land plot cadastral No. 20-322-006-633 with an area of 0.1444 hectares and a residential building with a total area of 251 square meters located on it, at the address: Almaty, Nauryzbay district, mkr..., house 2, sq.2, belonging to Kuznetsova O.N.; forcibly terminate the right K.O.N.'s ownership of a land plot and a residential building at the address: Almaty, Nauryzbay district, mkr..., house 2, sq.2. Evict K....O.N. with all cohabiting persons from the occupied land and residential building at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2, are subject to satisfaction on the following grounds.

The plaintiff, observing the requirements of paragraph 1 of Article 85 of the Land Code of the Republic of Kazakhstan, notified the defendant, the owner of the seized land plot, of the compulsory alienation of her land plot, therefore, by virtue of the requirements of paragraph 3 of the same rule of law, paragraph 3 of Article 61 of the Law of the Republic of Kazakhstan "on State Property", the state has a preferential right to purchase the specified land plot. Since the parties did not come to an agreement on the value of the land plot seized for state needs with housing construction, the akimat filed a lawsuit with the court, since according to paragraph 1 of Article 88 of the Land Code of the Republic of Kazakhstan, if the owner or a non-governmental land user does not agree with the decision to begin compulsory alienation of the land plot for state needs or an agreement on the cost has not been reached with him for the seized land plot or other conditions, The local executive body has the right to apply to the court with a claim for compulsory alienation of a land plot for state needs. The plaintiff complied with the requirements of paragraph 12 of Article 65 of the Law of the Republic of Kazakhstan "On State Property", according to which, if the owner or a non-governmental land user does not agree with the resolution specified in paragraph 2 of Article 63 of this Law, and (or) refuses to conclude an agreement on the alienation of land for state needs after three months from the date of receipt of a written notification of compulsory alienation of a land plot for state needs by the owner or a non-governmental land user, but not later than the deadline (date) for the compulsory alienation, as defined in the resolution specified in paragraph 2 of Article 63 of this Law, a local executive body has the right to file a lawsuit with a court for the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs. By virtue of the requirements of Article 87 of the Land Code of the Republic of Kazakhstan, the amount, forms of payment and terms of payment of compensation for the cost of a land plot in case of its compulsory alienation for state needs are determined by Chapter 6 of the Law of the Republic of Kazakhstan "On State Property".

The plaintiff's requirements are as follows: to determine the amount of compensation for a land plot and an apartment building forcibly alienated for state needs at the address: Almaty, Nauryzbay district, house 2, sq.2, in the amount of 116,909,447 tenge for subsequent payment to...O.N, - cannot be satisfied due to the following. Paragraphs 2-4 of Article 67 of the Law of the Republic of Kazakhstan "On State Property" stipulates that: The value of a land plot, as well as immovable property located on a land plot alienated for state needs, is determined in the amount of their market value, regardless of the grounds for the rights to the land plot. 3. The market value of the alienated land plot or other immovable property in connection with the seizure of the land plot for state needs shall be determined by the appraiser on the date of the assessment, taking into account the provisions of paragraph 1 of Article 208 of this Law. The amount of compensation is determined in accordance with paragraphs 4 and 5 of Article 9 of the Civil Code of the Republic of Kazakhstan based on the value of property and losses in full caused to the owner or non-governmental land user as a result of the forced alienation of land for state needs and (or) caused by the early termination of performance by the owner or non-governmental land user obligations to third parties. Since there are disagreements in the valuation documents provided by the parties, the court ordered a forensic examination of the case. According to the conclusion of the ISE expert for Almaty No. 7741 dated December 27, 2019, the market value of a land plot, cadastral No.20-322-006-633 with an area of 0.1444 hectares and a residential building with a total area of 251 square meters located on it, with outbuildings and perennial green spaces, located at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2, at the time of the study may amount to 210,238,771 (two hundred ten million two hundred thirty eight thousand seven hundred seventy one) tenge.

Compulsory alienation of land plots | Seizure of land plots for state needs | Compulsory purchase of immovable property

In accordance with Article 87 of the Land Code of the Republic of Kazakhstan, the amount, forms of payment and terms of payment of compensation for the cost of a land plot in case of its compulsory alienation for state needs are determined by Chapter 6 of the Law of the Republic of Kazakhstan "On State Property". According to paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 25, 2006 No. 8 "On certain issues of the application by courts of legislation on the compulsory alienation of land for state needs" if there are disagreements in the valuation documents provided by the parties, as a result of which it is not possible to determine the amount of compensation for the forcibly alienated property, the court may involve a specialist in areas of assessment activity for giving written advice, or for producing a written assessment report. If there is disagreement about the size of the market value of the property being evaluated due to the ambiguity of the building material used for the object under study, then the court should order a forensic examination. Based on the above, taking into account the expert's opinion, and also taking into account that the defendant received a notification of the upcoming compulsory purchase of a land plot with housing construction for state needs on 11.03.2019, and therefore the assessment report submitted by the plaintiff, conducted by Capital Assessment Group LLP on 17.04.2019, are not relevant, the court when determining the price for the purchased property, the conclusion of the ISE expert for Almaty No. 7741 dated December 27, 2019 is taken into account, from which it follows that the market value as of December 27, 2019, It amounts to 210,238,771 tenge. This expert opinion has determined the market value of the land, buildings and plantings, and the court has no reason to question the expert's conclusions.

Moreover, the court finds the value of the seized property, determined by the report on the valuation of the immovable property of Capital Assessment Group LLP, in the amount of 116,909,447 tenge, which the plaintiff based the claim on, does not correspond to the market value of the said immovable property, since it deprives the owner of the right to receive equivalent compensation for the compulsory alienation for state needs of the property owned by He needs property. Therefore, the plaintiff's claims regarding the determination of the cost of determining the price for the forced alienation of a land plot and an apartment building for state needs are subject to partial satisfaction, the court believes that the cost should be determined in the amount of 210,238,771 tenge. By virtue of paragraph 16) of Article 541 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget", the following state institutions are exempt from paying state duties in courts: when filing lawsuits and appealing court decisions, except in cases of protecting the interests of third parties. In accordance with Part 1 of art. 117 of the Civil Procedure Code of the Republic of Kazakhstan, the state fee from which the plaintiff was exempt, as well as the costs associated with the proceedings, are collected from the defendant, who is not exempt from paying court costs, to the state's income in full or in proportion to the satisfied part of the claim. Since the court's decision was in favor of the plaintiff, the court considers it necessary to collect a state fee in the amount of 5,122 tenge from the defendant KO.N. to the state revenue.

Compulsory alienation of land plots | Seizure of land plots for state needs | Compulsory purchase of immovable property

223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED: To partially satisfy the claim of the Akimat of Almaty to K.O. N. on compulsory alienation (purchase) of land and other immovable property for state needs, on determining the price for compulsory alienation, forced termination of ownership, eviction. To make compulsory alienation for state needs of a land plot, cadastral No. 20-322-006-633 with an area of 0.1444 hectares and a residential building with a total area of 251 square meters located on it, at the address: Almaty, Nauryzbay district, mkr...., house 2, sq.2, belonging to K.O.N. To determine the price for a land plot and an apartment building located at the address: Almaty, Nauryzbay district, house 2, sq.2, in the amount of 210,238,771 (two hundred ten million two hundred thirty eight thousand seven hundred seventy-one) tenge, for subsequent payments to K.O.N.

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