2.1.2022 (Webnoviny.sk) – Constitutional Court of the Slovak Republic (ÚS SR) At the end of last year, it agreed to the constitutional complaint of the city of Kosice in a dispute that has lasted more than 24 years over the cadastre of the land on which the Východoslovenské železiarne is being built.
Overturn the judgment From the Supreme Court (NS) SR In November 2020, according to which the disputed land belongs to the premises of the American company US Steel, does not belong to Kosice, but under the municipality of Sokočani in Kosice Okoli District. The city of Kosice reported this.
Kosice administers estate tax
The Second Senate of the Constitutional Council headed by the President Peter Molnar and judges Jana Lachakova a Ľuboš Szigeti At the same time, the entire dispute was returned to the NS SR for further action.
Administrative justice has also been passed as of August 1, 2021 from NS to Supreme Administrative Court of the Slovak RepublicThe Supreme Administrative Court will conduct further proceedings in this case.
At the end of last year, the cadastral office, at the request of the city of Kosice and the decision of the Constitutional Court, registered this area of 700 hectares in the cadastral register of iron works of the city of Kosice.
Thus, as of January 1 of this year, the city is responsible for real estate tax on the basis of legislation in force until the moment of correct settlement of the dispute regarding the delimitation of the boundary course between the city of Košice and the municipality of Sokočani.
The conflict dates back to 1997
“We are pleased with the successful success of the constitutional complaint against the decision of the Supreme Court of the Slovak Republic. We submitted it because we were still convinced that the disputed land had been owned by our registrar for decades. Based on both the findings of the Constitutional Court of the Slovak Republic, which ruled in both of our complaints against Judgments of the National Assembly of 2017 as well as from 2020, it follows that the Constitutional Court of the Slovak Republic has the same position on this issue.. We believe that the Supreme Administrative Court will share its arguments in the future. We will use the financial resources obtained for further investments in projects that will improve the quality of life for the residents of our city”, stated the Mayor of Kosice Jaroslav Polachek (does not depend on).
The decision to annex part of the cadastral lands of the former Košice-Vidic district to the city of Kosice was made in 1979 by the former National Committee of the Kosice Vidic District, and later by the former Regional National Committee for the construction of Východoslovenské železárny.
Sokočani, who were then part of the village of Hutníky, later argued that this occurred without the consent of the respective municipalities.
The lawsuit itself dates back to 1997, when the municipality of Sokochane, on the basis of the redemption provisions of the Survey Law, submitted a proposal to change the boundaries of the relevant cadastral area and requested the annexation of an area of approximately 700 hectares.
The land was first planted by Sokoľany
Several decisions have already been taken in this case, both at the level of an administrative body and courts.
The Survey Department of the Košice-Okoli District Office transferred the land to the municipality of Sokočani, but the city of Košice challenged this decision in court.
According to the judgment of the Košice Regional Court from 2019, the municipality of Hutníky agreed in 1979 to the territorial changes, so the affected area belongs to the cadastral Košice.
The municipality of Sokocani appealed against the decision to the NS, which, although agreed to it, had recently rescinded this decision of the Central Committee. The Supreme Administrative Court could rule on the dispute later this year.
Almost two million dollars for Kosice
The Supreme Administrative Court’s decision will make it clear to whom US Steel and its subsidiaries, as well as other taxpayers who run their ironworks business, must pay property tax each year.
Thus, the city of Kosice will have an additional revenue of approximately 2 million euros per year, and in the case of the municipality of Sokočani it will be about 700,000 euros.
More on topics: property taxAnd Land RegistryAnd ReasonsAnd lawsuitAnd Courts
Source: Webnoviny.sk – The Constitutional Court upheld the Kosice city complaint, and the long-term land dispute under the US Steel Company will be adjudicated by the Supreme Administrative Court. © SITA All rights reserved.
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