Circumstances subject to proof when challenging the results of determining the cadastral value

With regard to cases concerning the reconsideration of cadastral value, parties involved in the case must prove the circumstances they rely on to support their claims and objections.

The obligation to prove the inaccuracy of information regarding the real estate object used in determining its cadastral value, as well as the amount of market value established as cadastral value, lies with the applicant (administrative plaintiff) (part 5 of article 247 and part 1 of article 248 of the Russian Code of Administrative Procedure).

If an interested party (administrative defendant) objects to the satisfaction of the application, it must prove the accuracy of information regarding the object used in determining its cadastral value, the inaccuracy of the market value data presented by the applicant, as well as other circumstances confirming its arguments.

In this regard, if the court has doubts about the validity of the applicant's (administrative plaintiff's) arguments, these circumstances are subject to discussion even if the interested party (administrative defendant) did not refer to them (article 62 of the Russian Code of Administrative Procedure).

Parties may also resolve disputes regarding the reconsideration of cadastral value by concluding a settlement agreement based on evidence present in the case (for example, one of the appraisal reports submitted by the parties), which must include terms of reconciliation and the procedure for distributing court costs (part 4 of article 46, article 137 of the Russian Code of Administrative Procedure).