Deadline for submitting an administrative lawsuit application to challenge the results of determining the cadastral value of real estate
According to paragraph 1 of Article 24.12 of the Law on Appraisal Activities, state cadastral valuation is carried out at the decision of an executive body of state authority of a subject of the Russian Federation or, in cases established by legislation of a subject of the Russian Federation, at the decision of a local self-government body no more frequently than once every three years (in cities of federal significance no more frequently than once every two years) and no less frequently than once every five years from the date as of which the state cadastral valuation was conducted.
Due to the periodical nature of conducting state cadastral valuation established by law, an application for reconsideration of the cadastral value may be filed with the court no later than five years from the date of entry into the state cadastre of real estate of disputed results of determining the cadastral value in cases where, at the time of filing the application to the court, the subsequent results of determining the cadastral value have not been entered into the state cadastre of real estate or information related to changes in qualitative or quantitative characteristics of the real estate object that caused a change in its cadastral value (Part 3 of Article 245 of the Russian Code of Administrative Procedure (КАС РФ)).
Missing this period is not a basis for refusing to accept the application. If, after the established period by law, subsequent results of determining the cadastral value have not been entered into the state cadastre of real estate, the deadline for filing an application with the court for reconsideration of the cadastral value may be restored.
Since issues related to compliance with the time limit for filing a lawsuit pertain to the essence of the case, reasons for missing the deadline are examined in the court hearing, and conclusions regarding its restoration or refusal to restore it, as provided by Part 5 of Article 180 of the Russian Code of Administrative Procedure (КАС РФ), must be included in the court's decision.
Decisions and actions (inaction) of the Commission may be challenged within the period established by Part 1 of Article 219 of the Russian Code of Administrative Procedure (КАС РФ).
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