Caucasian Knot | Kuban authorities lose lawsuit against builder of forest plot in Gelendzhik

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Russia’s Supreme Court has ruled in favor of the Emerald Coast Company in a dispute with the Krasnodar Territory Ministry of Natural Resources over the construction of an elite offshore resort in Gelendzhik.

The Ministry of Natural Resources of the Krasnodar Territory lost a dispute in court over a 2-hectare area in Gelendzhik by the construction company Emerald Coast. The Supreme Court of the Russian Federation sided with the company in a dispute over the construction of an elite resort on the territory of a coastal forest, writes the Accents of the South Telegram.

Earlier, Kuban officials also lost cases in lower courts. They tried to prove that the developer had built illegal capital properties in the forest, but the project experts called the three-storey buildings “non-permanent buildings” and the pool a “fire tank”.

Employee The construction company “Emerald Coast” on May 7 told the correspondent of “Caucasian Knot” that this is the fourth court to consider the claim of the Cuban Ministry of Natural Resources against the company. “The decisions of the previous courts clearly show the legitimacy of the company’s actions. The situation is such that they came to us with a check and considered that our items have “capital marks”. The Ministry of Natural Resources sued. Three examinations were performed during the trial. All three proved that the items were legal. “As a result, the claim was rejected,” he said.

According to a company representative, private holiday homes have been built in the designated area. “The company has entered into a lease agreement for a site and a forest development project, which is necessary for activities in the areas of the forest fund. “The owner of the site remains the Russian Federation represented by the Ministry of Natural Resources”, the interlocutor noted.

He pointed out that the construction of the space started in 2009. “At the moment, the construction has been completed for several years. All facilities have been constructed. “Access to the site is free,” said the company employee.

Before these lands were leased, they were abandoned, although in Soviet times they had been developed as tourist sites, he said. “Earlier, in Soviet times, there was a recreation center on this site. “But when we received it, it was an empty plot of land,” said an Emerald Coast spokesman.

According to the ecologist Eugenia Vitisco, the developer claims that the construction in the forest zone was a design development of the forests.

“However, according to our information, the Ministry of Natural Resources had an expertise for the capitalization of the constructions and in general for the unacceptable construction in this territory. However, for some reason the court sided with the developer “, he told the correspondent of” Caucasian Knot “.

According to the ecologist, this lawsuit is part of the claim of the Ministry of Natural Resources and environmentalists periodically give the department information about objects, mainly on the coast. “Objects appear in a cynical way. They are immediately visible with the help of a quadcopter. The three-storey houses cynically escape from the framework of the structures in the forest fund lands. The deforestation itself is felt. But in this case, the “The court ruled that everything was legal,” Vitisco said.

According to him, the difference between permanent and non-permanent buildings, including those located in the territories of the forest fund, is the possibility of dismantling the object without violating its integrity. “Builders are now wiser and build foundations not on strips or slabs, but on piles. It thus shows that the structure can be disassembled if necessary. But in reality, it is difficult to remove the structure without breaking the house. In addition, these houses are equipped with communications that remain underground, it is not easy to dismantle later. In this case the subject of the chapter is given for expertise. “And experts can give different, exactly opposite conclusions,” Vitishko explained.

He also noted that the Ministry of Natural Resources itself leased the mentioned space. “Apart from the fact that companies are developing the land, there is also the problem of confiscation of forest fund areas by municipalities. They are illegally included in the settlements. And then they sell or transfer the land to other people. “Once the leshoz or the Ministry of Natural Resources arrives at this site, there may already be some kind of structure there,” Vitishko said.

He also said he visited the Emerald Coast facility openly. “When I visited the Emerald Coast facility, there was open space. According to the law, even the leased areas of the forest fund can not be included. Unless there are, for example, dangerous wild animals. Some, however, manage to start private zoos and fence under that pretext. Although the whole forest fund should be open – including for leisure, for the collection of fruits and berries, etc. “You can not put up fences or stretch barbed wire,” Vitishko said.

The decision of the Arbitration Court of the Krasnodar Territory shows that the Ministry of Natural Resources of the State in its lawsuit asked the court to oblige the defendant owner of the building on the leased plot of the forest fund within two months to demolish the property. meters at their own expense. The claim is due to the fact that the building in question was erected without permits and in violation of the specified purpose of the plot.

In his reply to the action against the satisfaction of the claims, the defendant invokes the lack of reasons for recognizing the building in question as unauthorized, as well as the good faith of the acquisition of the disputed object. In addition, the defendant stated that the limitation period had been omitted.

The court ruling states that since December 2008, the Forest Commission has leased the premises of the Gelendzhik forestry office for 49 years for recreational purposes to a limited liability company.

During the forest survey in 2017, experts from the State Forestry Committee of the Republic of Kazakhstan revealed the presence of three reinforced concrete buildings in the forest area with signs of solidity: two two-level buildings and one three-level. Also in the area there are buildings that are not foreseen by the forest development project, a retaining wall has been erected, there are concrete platforms, the plaintiff pointed out.

Considering that the building in question was an unauthorized construction, the plaintiff appealed to the arbitral tribunal with a claim for its demolition. During the examination of the case by the arbitral tribunal, it was found that, according to the information contained in the USRN, the properties located on the plot are residential buildings owned by four people since 2014.

The court found no reason to dispute the expert’s competence and impartiality and concluded that the apartment building on the plot was an unauthorized construction, the court ruling said. However, the court refused to demolish the buildings because the statute of limitations had expired and the Ministry of Natural Resources had lost ownership.

The court substantiated this decision with the fact that the plaintiff, who considers himself the owner of the land in question, does not actually own it. In this case, the plot was removed from the possession of the Russian Federation, as on the plot is a disputed residential building, the ownership of which was registered in 2014.

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