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In the beginning of February I evaluated land plot with the right of lease for 49 years for the state needs. While collecting right establishing documents it was revealed that the owner has the decision of the court, dated from 2001, for the right of provision that land plot as private property. After that I have made evaluation of the market cost, and also have written a letter to the Procurator’s Office, regarding clarification of the right for use. Court trials were conducted as the owner has submitted lawsuit to the court. Procurator’s Office in association with Akimat passed a resolution, that the owner has the right for lease for this land plot, and wins the court after 5 months, and the court decision is that this land plot is a private property. My question is: How will it be correct from legal point of view to acquire land, in accordance with a new Act “About state property” or to refer to the Act of that period? If so, then what justification for acquisition should be. None of the lawyers could give proper interpretation. I hope for your help. Thanks in advance.

 Committee for Roads, regarding application of the Act “About state property” dated from March 2011 (further – Act), informs You as follows:
In accordance with the Article 383 of Civil Code of the RK, the Agreement should comply with the rules, compulsory for the Parties and stated by legislation (imperative standards), which are valid at the moment of its signing.
Thus, the Agreements, signed after March 10th of the current year, should comply with the requirements of the Act, including provisions of the Article 67 of the Act about determination of the amount for reimbursement of the cost for land plot or other real estate.
In view of the fact that this matter is of competence for Akimat of Almaty city, You should apply to Akimat for more detailed consideration of this matter.