The court has ordered that a land plot of more than 8 hectares by a body of water, worth over UAH 22.3 million, be returned to the Truskavets territorial community. This decision was made in response to a claim by the Drohobych District Prosecutor’s Office.
It was established that in 2023 the Truskavets City Council leased this plot to a private company for 10 years without holding the mandatory land auction. The company’s main activity is freight transport, while the land was granted for the construction and maintenance of public development buildings.
The justification for granting the plot without an auction was the presence on it of hydraulic engineering structures owned by the company, in particular an earth dam and a bottom water outlet of a bathing lake on the Vyshnytsia River. However, in court the prosecutors proved that these structures are part of a water body, and not separate immovable property that could give the right to obtain land for development without an auction.
It was also pointed out that the plot was designated as land for public development, although in reality it is connected with the maintenance of land of the water fund and is subject to restrictions in the form of a coastal protection strip. At the same time, the dam, which is 213 metres long, runs across three land plots, and only about 86 metres of the structure are located on the disputed plot, while the rest belongs to land of the water fund.
The court accepted the prosecutor’s arguments, declared the lease agreement invalid and fully upheld the claim. Once the decision enters into legal force, measures will be taken to ensure its actual enforcement.