Supreme Court Ruled Whether Claim for Higher Compensation for Pulled Down Garage Could Be Dismissed.

The Supreme Court issued Ruling No. 5-КG19-230 to determine whether the owner’s claim for compensation for a pulled down garage could be dismissed if he believes its amount to be too low.

In his comments to the “AG”, Nikolai Sapozhnikov, BIEL partner, pointed out that this ruling is a rare precedent in favor of owners of garages pulled down by the municipal authorities in Moscow as part of ongoing efforts to clean up the city territory.
He believes that it was a point of principle for the Supreme Court in this case that the name of the woman owning the garage in question was on the list of owners of garage bays located within the boundaries of a public transport interchange while lower courts did not contest the validity of the woman’s rights. “In a vast majority of cases, garage owners who failed to come to terms with the municipal authorities were refused any compensation on the basis of a lack of documents confirming their title”, Nikolai Sapozhnikov said. In his opinion, the Supreme Court effectively confirmed that where title documents are recognized as valid, the amount of compensation could be contested while the plaintiff’s refusal to sign the agreement does not warrant a refusal to compensate.

Source: advgazeta.ru