Real Estate · Dispute Resolution
Acquisition of a Land Plot without a Public Auction
Representation of an industrial company in connection with the acquisition, without a public auction, of a land plot for which state ownership had not been delimited. The company owned a real estate asset located on the land plot, but the competent authority refused to grant the plot.
Solution
The refusal was challenged in court. Following proceedings before three judicial instances, the authority’s decision was declared unlawful and the company secured the right to acquire the land plot.
Subsequently, the authority applied a higher purchase price because the procedure for determining the price had changed during the litigation. In separate proceedings, it was successfully argued that the lower price established under the procedure in force on the date of the company’s initial application should apply. This enabled the company to protect its interests when entering into the land sale and purchase agreement.