The ECHR recognized the removal of land in Lyubertsy illegal

The European Court of Human Rights called the forced seizure of land for state -owners in the absence of evidence of “undeniable public interest” by violation of the European Convention. About this writes "Kommersant".

The plaintiffs Tatyana Volchkova and Boris Mironov are pensioners from whom they seized the land intended for their investment project. In 2003, the Lyubertsy authorities decided to expropriate property for the implementation of investment contracts in order to “improve the architectural appearance” of the city. However, as a result, a 17-story building was built on this site, in which 95% of the apartments turned out to be private (the remaining 5% of the city’s authorities resold the investor). The order was completed by the commercial company "Ors-Group".

Former owners of the site turned to the ECHR - in their opinion, the seizure was not due to public, but by commercial interest. For the site they received $ 115 thousand from the municipality and the right to social rent of two apartments with a total area of ​​100 square meters. m, but for them this was not an equivalent compensation: the assessment of the authorities did not take into account the commercial attractiveness of the site on the border with Moscow and with the future metro station.

The ECHR agreed with the point of view of the plaintiffs and awarded each of € 3 thousand compensation for non -pecuniary damage, as well as € 100 legal costs. Now the parties can themselves agree on the amount of compensation for material damage. The court can do this on its own on the basis of appraisers.

As Kommersant said in the Ministry of Justice, the state bodies have not yet decided whether they would appeal the decision of the ECHR.