A client (shareholding company) approached this firm with a request to resolve the following unconventional situation: this shareholding company failed to form the land plot in the production area within the scopes of the city occupied by the real-estate property privatized out of the state ownership before the moment when the boundary setting plan was approved.
Such boundary setting plan envisaged not only a single land plot required for all objects of the Company (as the Company used in real life) but eight separate parts, and due to that it became impossible to form a land plot for its further purchase from the state in compliance with the order of Article 36 of the Land Code of the Russian Federation without making amendments to the Boundary Setting Plan. The task became even more difficult due to the fact that de facto the municipal authorities, on some pretext or other, denied all private entities from making any amendments to the municipal boundary-setting plans. The courts refused to admit similar boundary-setting plans adopted with violation of law which brought the client to a “legal dead-end”.
Following an in-depth analysis, the lawyers of PRESIDENT CONSULT succeeded in developing and offering the client with the most adequate situation and effective strategy: we have developed a complex of measures of court and administrative nature subject to simultaneous and smooth implementation which, as a result, provided the client with a possibility to receive an official order for making amendments into the boundary-setting plan on the territory in question.
Now, having such an order in place, the client shall be able to develop the amendments into the boundary-setting plan corresponding to its interests independently; form the land plot within the appropriate boundaries and finalize the procedure of its purchase into the private property.