Objection to the claim for the forced alienation (purchase) of a land plot and other immovable property for state needs

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Objection to the claim for the forced alienation (purchase) of a land plot and other immovable property for state needs

26 May 2026

Objection to the claim for the forced alienation (purchase) of a land plot and other immovable property for state needs

To the judge of the Karasay District Court of Almaty region zh. G Zhumadilova

From the defendant: BNA

IIN ....

+7 775 .....

attorney lawyer Sarzhanov

Galymzhan Turlybekovich

Legal office" law and law"

IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty, Almaly

district, abylai Khana Avenue, house 79/71, office 304.

info@zakonpravo.kz www.zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

THE OPPOSITE OPINION

to the statement of claim for the forced alienation (purchase) of a land plot and other immovable property for state needs

Civil case No. 1952-25-00-2/5853 is under consideration at your production. Plaintiff akim of Karasai district (hereinafter referred to as the Civil Plaintiff) Defendant BNA (hereinafter referred to as the civil defendant) on a claim for the forced alienation (purchase) of a land plot for state needs.

According to the documents submitted by the state institution "Department of passenger transport and highways of Almaty region" and the provided explication and cartographic materials of the branch "State Corporation" Government for citizens "on July 18, 2019, the resolution of the akimat of Karasay District No. 232" on the withdrawal of land plots for state needs by compulsory alienation, including by purchase" was adopted.

The land plot owned by the defendant Ba Nazygul Adilzhanovna is subject to forced alienation (purchase) for state needs, the land plot is located in the fundamental rural district, Karasay district, Almaty region, the purpose of which is to conduct its own subsidiary Farm, Cadastral number No. 03-047-097-2557, a land plot with a total land area of 0.0600 hectares and housing with an area of 153.0 sq.m. located on the land plot is subject to purchase for state needs.

There are no free land plots on the territory of karasai district, so it is impossible to provide a land plot equivalent to it.

The market value of the land plot to be purchased under the real estate valuation act of Dom Otsenki LLP No. 1480/25/ALM-68 dated October 17, 2025 was: 46,045,700 (forty-six million forty-five thousand seven hundred) tenge.

On the basis of this, the plaintiff asks the court to determine: forced alienation (purchase) for state needs, the cost of the land plot and the cost of the alienated land plot in the amount of 46,045,700 tenge.

We do not agree with talarker's argument to ask the court to determine the cost of the land plot in the amount of 46,045,700 tenge, on the following grounds,

Articles 4-6 of the Constitution of the Republic of Kazakhstan state that the Constitution has the highest legal force and is directly applied throughout the territory of the Republic, and private property is recognized and equally protected.

Article 26 of the constitution stipulates that no one may be deprived of their property without a court decision. In exceptional cases provided for by law, forced deprivation of property for state needs can be carried out when its value is compensated at an equal price.

Article 257 of the Civil Code of the Republic of Kazakhstan, when the right of ownership is terminated, property is assessed on the basis of its market value, unless otherwise established by the laws of the Republic of Kazakhstan.

As noted by the defendant on 02.12.2025, the assessment company "Assessment Group "Bakhyt" LLP will report No. 413 to the report of the market value of the house with a land plot to the address of Almaty region. Karasaysky R-N., Irgelinsky S. O., S. Koksay, ul. Quarter 13, D. 26/39 for primary care for state needs, issued an assessment report for 100,640,000 tenge.

The defendant in order to facilitate the court order:

Assessment certificate of Dom Otsenki LLP dated October 17, 2025, submitted to the court from the plaintiff's tarp: 46,045,700 tenge;

Report No. 413 of 02.12.2025 submitted to the court by the defendant on the issue of market value of the House assessment report: 100,640,000 tenge,

The preliminary examination of Article 88 of the Civil Procedure Code of the Republic of Kazakhstan is carried out by an expert individually or by a commission of experts. Commission expertise is appointed in cases where it is necessary to conduct complex expert research, and it is carried out by at least two experts with the same specialty.

Based on this article, the defendant LLP "center of expertise and expertise" appealed to the commission for conducting a specialized construction and commodity research expert / specialist:

Tsoi Tatyana Yuryevna, has a qualification certificate No. 318 dated 28.03.2003, issued by the Ministry of Justice of the Republic of Kazakhstan for conducting a forensic examination in the specialty 10.4 "forensic construction and commodity research", expert experience, including 28 years in forensic examination bodies;

Gulnaz Tursynovna Alayeva, expert work experience, including 32 years in forensic examination bodies, with a qualification certificate No. 316 dated 28.03.2003, issued by the Ministry of Justice of the Republic of Kazakhstan for conducting forensic examination in the specialty 10.4 "forensic construction and commodity science research".

23.01.2026 year LLP "center of exports and exports" № 2

The conclusion of specialists was taken, where experts were asked the following questions:

1. What is the market value of a land plot, excluding structures, located at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39?

2. What is the market value of housing, economic and other structures, as well as fences?

3. What is the market value of green spaces located on a land plot at the address of the House?

4. What is the cost of the possible costs associated with the seizure of real estate located at the address of the House?

In this question, experts came to the following conclusions:

1.the market value of a land plot located at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39, excluding buildings, at the time of the survey may be 20,916,000 tenge.

2.the market value of housing, economic and other structures, as well as fences located at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39, at the time of the study may be 53,512,196 tenge.

3.the market value of green spaces located on a land plot at the address: Almaty, Karasay district, Irgeli rural district, Koksay village, Kvartal 13 street, House 26/39, at the time of the survey may be 291,486 tenge.

4.the cost of possible losses (losses) related to the seizure of real estate located at the address: Almaty, Karasay district, Irgeli rural district, Koksai village, Kvartal 13 street, House 26/39 at the time of the study may amount to 1,064,678 tenge.

= 75,784,360 tenge.

January 30, 2026 in a civil case initiated by the plaintiff akim of Karasay district on the claim of the defendant Nazygul Adilzhanovna price for the forced alienation of a land plot for state needs, the court decided to appoint a commodity examination,

"The Republican state treasury Enterprise ""Center for forensic examinations of the Ministry of Justice of the Republic of Kazakhstan "" should instruct the experts of the Institute of forensic examinations in Almaty." Ask the experts the following question:

- What is the market value of the fence, housing (153 m2), outdoor toilet, topchan, canopy and planted plants (rose bushes, Thuja trees) on a plot of land with a total area of 0.0600 hectares, Cadastral number No. 03-047-097-2557, located in the fundamental rural district of karasay district, Almaty region?

Expert opinion No. 4027 of the RGCP "center of sudebny expertise MU RK Institute of sudebny expertise City of Almaty" dated 03.03.2026 expert/specialist Zholseitova A. G. on the above question, concluded: the market value of the land plot on which the fence, housing (153 m2 ), outdoor toilet, topchan, roof and planted plants (rose bushes, Thuja trees) can be 52,490,624 tenge "I'm sorry," he said.

In accordance with Paragraph 8 of Chapter 2 of the valuation standards approved by the order of the Minister of Finance of the Republic of Kazakhstan dated May 5, 2018 No. 519, the following sequence of actions is used to determine the value of a real estate object by the method of comparative analysis:

Comparative approach methods:

1) method of comparative analysis – determination of the value of movable property objects by comparing recent sales and offer prices comparable to the evaluated object after the implementation of appropriate adjustments that take into account the differences between them;

2) market information method-determination of the value of movable property using information on the price of offers published in the price lists of manufacturing plants, dealers or other sources of information on the price of offers;

3) the method of statistical modeling is to look at the evaluated object as a representative of some sets of homogeneous objects for which the price is known, however, this set does not have an exact similarity for the estimated object. Develops a mathematical model of the dependence of prices on one or more parameters using statistical methods based on information about similar objects included in such a set, after bringing the prices of similar ones in accordance with uniform requirements by adjusting them;

4) the method of correlation models – a mathematical model of the dependence of prices on one or more parameters. According to this model, taking into account the parameters of each of the evaluated objects, the estimated price of the evaluated objects is obtained.

At the same time, the analyzed report does not reflect the justification of the adjustments (correction factors) used in the calculation of the cost using a comparative approach.

In this question, experts came to the following conclusions:

3.the market value of green spaces located on a land plot at the address: Almaty, Karasay district, Irgeli rural district, Koksai village, Kvartal 13 street, House 26/39, at the time of the survey may be 291,486 tenge.

4.the cost of possible losses (losses) associated with the seizure of real estate located at the address: Almaty, Karasay district, Irgeli rural district, Koksai village, Kvartal 13 street, House 26/39 at the time of the study may amount to 1,064,678 tenge.

= 75,784,360 tenge.

In accordance with Paragraph 8 of Chapter 2 of the valuation standards approved by order of the Minister of Finance of the Republic of Kazakhstan dated May 5, 2018 No. 519, the following sequence of actions is used to determine the value of a real estate object by comparative analysis:

Comparative approach methods:

At the same time, the analyzed report does not reflect the justification of the adjustments (correction factors) used in the calculation of the cost using a comparative approach.

In addition, in accordance with the requirements of the valuation standard, a detailed calculation of the value of the object is not given in the report, but is limited only to the data specified in the tabular part of the report, which is a violation of the requirements of the valuation standard.

When determining the final value, there is no justification for the results obtained by the comparative method of weight coefficients, nor is the method of analysis of hierarchies proposed in the methodological literature used.

No assessment of the damage caused to the owner who owns a residential building and a land plot was carried out.

In accordance with paragraphs 4 and 5 of Article 9 of the Civil Code of the Republic of Kazakhstan and Paragraph 4 of Article 67 of the law on state property, the damage caused must be compensated in full.

Damage related to the seizure of Housing and land is understood as losses (actual damage) committed or had to be committed by a person whose property rights have been violated, as well as income (missed profit) that he could have received in the normal state of civil turnover, if his property rights have not been violated.

Calculation of the actual damage

Actual damage is losses incurred or had to be incurred by a person whose property rights were violated as a result of the seizure of property for state needs. The amount of actual damage is determined on the basis of payment documents provided by the owner, and in their absence, at average market prices for similar losses.

The composition of the actual damage includes:• costs associated with moving to a new place;• costs associated with the registration of rights to a new real estate object;• costs associated with the activities of Realtors;• costs associated with the rental of property (temporary storage of property) during the period of searching for real estate instead of alienated property.

* Expenses related to the activities of a lawyer (lawyer) the fee for the services of a lawyer is an expense borne by the owner.

The market value of the land plot to be purchased under the real estate valuation act of Dom Otsinki LLP No. 1480/25/ALM-68 dated October 17, 2025: 46,045,700 tenge.

Expert opinion No. 4027 of the RGCP "center of judicial expertise MU RK Institute of judicial expertise of the city of Almaty" dated 03.03.2026 market value 52,490,624 tenge,

the assessment of the market value of a house with a land plot, in which the above points were not taken into account in the conclusions of the evaluated expert/specialist, was carried out with numerous, including gross violations in the field of application of the methodology for selecting and calculating analogues.

These two conclusions obtained as a result of 46,045,700 Tenge, the result in the amount of 52,490,624 tenge cannot be used as an evidence base, since the report contains significant signs of unreliability.

Dear Court, No. 1480/25/ALM-68 of Dom Otsenki LLP dated October 17, 2025, expert opinion of RGCP "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" №4027 of 03.03.2026 we do not agree with the assessment report, since we believe that this report was a poor-quality and unbiased assessment.

The main principles of evaluation activities are objectivity and reliability, however, these principles were not observed when conducting the assessment. These violations directly affect the interests of the defendant, since the assessment is carried out in relation to property owned for state needs, that is, in connection with the issue of compulsory termination of ownership and eviction from housing.

At the same time, in accordance with the requirements of the assessment standard, the report of the expert opinion of Rgcp "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" No. 4027 dated October 17, 2025 No. 1480/25/ALM-68 of Dom Otsenki LLP dated 03.03.2026 does not indicate a detailed calculation of the cost of the object, limited only to the data provided in the reporting table of the report, which is a violation of the requirements of the assessment standard. When determining the final value, there is no justification for assigning weight coefficients to the results obtained by the comparative method, nor is the method of analyzing hierarchies proposed in the methodological literature used.

It should be noted that the market is quite large and there are dozens of offers for the sale of land plots. As everyone knows, the defendant's home is one of the elite areas for a comfortable and safe life. However, unfortunately, the appraiser showed a reduced assessment when determining the estimated value of the alienated property.

In this regard, the defendant is presented to the court on the part of the defendant:

Report No. 413 dated 02.12.2025 on the report of the market value of the House Assessment Act: 100,640,000 tenge;

23.01.2026 year LLP "center of exports and imports" No. 2 the report of the conclusion of the assessment of specialists is defined as: 75,784,360 tenge.

We consider this report to be reliable and fair, and the market value indicated in it corresponds to the actual market value of the expropriated real estate.

In accordance with paragraph 2 of Article 67 of the law of the Republic of Kazakhstan "on state property", the value of a land plot alienated for state needs, as well as real estate located on a land plot, is determined in the amount of their market value, regardless of the grounds for the emergence of rights to a land plot.

According to the law of the Republic of Kazakhstan "on valuation activities", market value is the most likely price at which an object can be alienated on the basis of a transaction in a competitive environment. At the same time, the actual market price can be determined only in cases where one of the parties to the transaction is not obliged to sell the object, and the other party is not obliged to buy it, as well as in the absence of coercion to any of the parties to the transaction.

Dear court, the defendant's family made their own plans for this plot of land, invested heavily in real estate, and also spent money on the development of the infrastructure of the site for a long time. The actions of the Plaintiff caused irreparable damage to the moral state of the family.

In accordance with Article 255 of the Civil Code of the Republic of Kazakhstan, the termination of ownership of immovable property on the basis of a decision of a state body not aimed at the direct seizure of the property of the owner, including the decision on the seizure of a land plot on the location of a house, other structures, buildings or plantings belonging to the owner, is allowed only in cases and in accordance with the

If the owner does not agree with a decision that entails the termination of ownership, then this decision cannot be made until the dispute is resolved in court. During the consideration of the dispute, issues of compensation for all damage caused to the owner are also resolved.

Because of the above arguments

Report No. 413 dated 02.12.2025 on the report of the market value of the House Assessment Act: 100,640,000 tenge;

23.01.2026 year LLP "center of exports and imports" No. 2 the report of the conclusion of the assessment of specialists is defined as: 75,784,360 tenge.

The amount specified in this report must be fairly accepted as the actual market value of the real estate to be alienated.

In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, actions of citizens and legal entities aimed at causing harm to another person, abuse of the right in other forms, as well as the exercise of the right contrary to its purpose are not allowed.No one can take advantage of their dishonest behavior.

According to Article 68 of the code of Civil Procedure of the Republic of Kazakhstan, each evidence is evaluated in terms of relevance, admissibility and reliability, and all collected evidence must be sufficient to resolve a civil case. However, the expert opinions of Dom Otsenki LLP No. 1480/25/ALM-68 of October 17, 2025, RGCP No. 4027 of 03.03.2026 "center of sudebny expertise MU RK Institute of sudebny expertise city of Almaty" presented in this civil case are unfounded as evidence.

According to Article 72 of the Civil Procedure Code of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the basis for its claims. However, this requirement is not observed in the statement of claim.

According to Article 73 of the Code of Civil Procedure of the Republic of Kazakhstan "presentation of evidence", evidence is submitted by the parties and other persons participating in the case to the court of First Instance at the stage of preparing the case for trial.

In accordance with Article 8 of the Civil Procedure Code of the Republic of Kazakhstan, everyone has the right to apply to the court for the protection of violated or challenged constitutional rights, freedoms and legally protected interests.

In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently choose their position in the course of civil proceedings, methods and means of its protection, independently of the court and other bodies and persons.

Expenses related to the activities of a lawyer (lawyer) the fee for the services of a lawyer is an expense borne by the owner.

Article 109 of the APK of the Republic of Kazakhstan. For the distribution of court expenses between the parties, the court shall charge all court expenses incurred in the case to the party in whose favor the decision was made from the other party. If the claim is partially satisfied, then the expenses are charged to the plaintiff – in proportion to the amount of the claim claims satisfied by the court, and to the defendant in proportion to the part in which the claim claims were denied.

In accordance with Article 113 of the Civil Code of the Republic of Kazakhstan, the court, at the request of the party in favor of which the decision was made, charges the expenses for payment for the assistance of a representative (several representatives) who participated in the process and are not in an employment relationship with this party in the amount of the actual expenses of the party.

The total amount of these expenses for property claims should not exceed ten percent of the satisfied part of the claim. The amount of expenses for claims of a non-property nature is collected within reasonable limits, but it should not exceed three hundred monthly calculation indices.

Based on this article, the respondent applied for legal assistance to the law and Law Advocacy Office, concluded an agreement No. 0312/22 and paid 700,000 tenge to the office's personal account. Proof of this was the contract and the receipt given by Caspi Pei.

In accordance with article 166 of the Civil Code of the Republic of Kazakhstan, the defendant submits an opinion to the court on the statement of claim, attaching documents that refute the arguments in relation to the claim, as well as copies of the opinion and the documents attached to it.

Based on the above and guided by Article 255 of the Civil Code of the Republic of Kazakhstan, articles 166 and 46 of the Civil Procedure Code of the Republic of Kazakhstan, …

I ask the court:

* Partial satisfaction of the claim of the Akim of Karasay District of Almaty region on the compulsory alienation (purchase) of a land plot for state needs in relation to the defendant BNA;

* For a land plot with a total land area of 0.0600 hectares, Cadastral number 03-047-097-2557, which belongs to The Citizen BNA, located at the address No. 26/39, Koksai Village, 13th quarter, Karasay District of Almaty region, Karasay district, fundamental district, Almaty region, 46,045,700 tenge to be paid to the defendant;

* Certificate of assessment of the amount of compensation for a land plot with a total area of 0.0600 hectares, Cadastral number 03-047-097-2557, belonging to a citizen of the BNA, located at the address: 13th quarter, Koksay village, fundamental District of Almaty region, Karasay district, Almaty region, No. 413 on the site of the market value of the house dated 02.12.2025: 100 640 000 tenge;

23.01.2026 year LLP "center of export and distribution" No. 2 conclusion of the expert assessment act: drawn up by the party defined as 75,784,360 tenge and in which the market value of the alienated land plot is determined as 75,784,360 tenge. Establish this amount as compensation to be paid to the defendant;,

· From the plaintiff, 700,000 tenge paid for the assistance of a lawyer in favor of the defendant – to recover.

Sincerely, trustee lawyer of AK "law and law" Sarzhanov G. T.

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