Statement of claim for compulsory alienation of the purchase of land and other immovable property for state needs
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Ex.№ ___________
from "___" _____ 2020
Nauryzbay District Court of Almaty
The plaintiff:
Akimat of Almaty, Almaty, Republic Square, 4
Representative
KSU "Department of Land Relations of Almaty", Almaty, 90 Abaya St., t.
8 701 71488 95, IIC KZ32070102KSN6001000 in the RSU "Treasury Committee of the
Ministry of Finance of the Republic of Kazakhstan", BIC KKMFKZ2A
The defendant:
..........................................., born on 12/21/1976, IIN ................... address: Almaty,
Nauryzbaysky district, mkr......, Ashimova str., 100/1. Tel. 8 .................
The price of the claim:
21 289 457 tenge
STATEMENT OF CLAIM
on 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 12/19/2002 No. 1330, based on the resolutions 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 and "On amendments to the resolution of the Akimat Almaty city dated 02/28/2019 No. 1/1-284 "On the beginning of the compulsory alienation of land plots or other immovable property in connection with the seizure of land for state needs" dated 15.01.2020 No.1/1-28 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, forced alienation, including through foreclosure, for state needs, the defendant's share of the cadastral land plot No. 20-322-007-545 with a total area of 0.07 ha (total land area of 0.1139 ha) and part of an apartment building with a total area of 38.4 sq.m. at the address: Almaty, Nauryzbay district, MD. ................, street..............., D. 100/1.
Pursuant to the above-mentioned resolution, in accordance with the legislation, on 03/11/2020, the defendant received a notification of the impending alienation of immovable property for state needs, as evidenced by the signature in the notification. 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, 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. Due to the owner's refusal to allow appraisers of Kazzholingining LLP access to inspect the real estate located on the land plot in order to determine the technical condition of the land improvements (interior and exterior finishes), their wear and other physical characteristics necessary for the calculation, the market value of the buildings has not been determined due to the impossibility. According to the real estate valuation report of Kazzholingining LLP dated 05.10.2020, the market value of the land plot is 21 289 457 tenge.
The defendant was offered compensation for real estate being forcibly alienated for state needs, however, to date, no purchase agreement has been concluded for state needs, and no agreement on the purchase price has been reached, which was the basis for applying to the court. By virtue of Article 541 of the Tax Code of the Republic of Kazakhstan, Akim of the city of Almaty is exempt from paying state duty. 81, 84, 87, 88 of the Land Code of the Republic of Kazakhstan, Articles 148, 149 of the CPC of the Republic of Kazakhstan, art. 255, 257 of the Civil Code of the Republic of Kazakhstan, Chapter 6 of the Law of the Republic of Kazakhstan "On State Property", the Law of the Republic of Kazakhstan "On Housing Relations", I REQUEST: 1) To make compulsory alienation for state needs of a share of the land plot cadastral No. 20-322-007-545 with a total area of 0.07 hectares (total land area of 0.1139 hectares) and a part of an apartment building with a total area of 38.4 sq.m. at the address: Almaty, Nauryzbay district, Kalkaman-2, ul.............., D. 100/1, owned by ................... 2) Determine the amount of compensation for forced a land plot and an apartment building alienated for state needs at the following address: Almaty, Nauryzbay district, Kalkaman-2, ul................, D. 100/1 in the amount of KZT 21,289,457 for subsequent payment .......................... 3) Forcibly terminate the ownership of gr. ............ on a land plot and a residential building at the address: Almaty, Nauryzbaysky district, Kalkaman-2, b........, d. 100/1. 4) Evict ......... by all cohabiting persons from the occupied land plot and residential building at the address: Almaty, Nauryzbaiskiyr-n, Kalkaman-2, B street.................., D. 100/1. Application:
Statement of claim (2 copies);
Copies of the resolution of the Akimat of Almaty dated 02.2019 № 1/1-284;
Copies of the resolution of the Akimat of Almaty dated 01.2020 №1/1-28;
A copy of the withdrawal notice;
A copy of the real estate valuation report;
A copy of the conclusion of the land commission is copied from the general plan and the detailed planning plan;
A copy of the powers of attorney for the representatives.
Representative of the Akimat of Almaty
by proxy ...............................
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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