Land for skiers or for agriculture – such a dilemma arised in the village of Vyshka in Velyky Berezny district. This beautiful place is known to all of Transcarpathia and beyond for its ski resort.
But few know about the conflict, which broke out between the Hubert family and the village council. The household of this family is located near the ski slopes. The Huberts say: some of the square meters should belong to them, not to the resort. And it is not even about this particular situation – most tourist-recreational areas of our region are involved, one way or another, in land conflicts with those who live nearby. The following story is just one example.
The Hubert spouses settled at the foot of the mountain Krasiya back in 1989. Then these mountain areas were untouched. The village of Vyshka itself is located a little up the road. The family built a house on their land, and in the late 90’s received from the village council a small acreage around it.
In the mid-2000s, an investor came the village – "Vyshka" LLC. They built at the mount Krasiya a modern ski resort, which is now a tourist visiting card of Velyky Berezny district. And a kind of pride of the local authorities. For example, according to the Velyky Berezny District Council, in 2009, the ground rent paid by the company to the budget amounted to 30,363 hryvnias, to the district treasury – another 44,500 hryvnias. In the first half of 2010, due to the activities of "Vyshka", the district received nearly 50,000 UAH. Earlier this year, the head of the Transcarpathian Regional State Administration once again visited the winter resort.
However, the proximity to this resort led to the conflict between the village authorities and the mentioned Hubert family.
Thus, in 2005, Halyna Hubert turned to the village council, asking to grant her a small land near the house for farming. The land that at that time was already owned by the family (the area under the house and around it. – Auth.) was registered for her husband. So, by law, the wife also had the right to additional land.
However, Halyna Hubert says, Vyshka village council refused to allocate the land, arguing that the land in the neighborhood has the status of recreation one. And that it has been allocated to "Vyshka" LLC for construction of chairlifts. So Ms. Halyna challenged the refusal of the village council in court. The woman and her lawyer argue that deputies of Vyshka village council gave these lands the status of recreational ones with material breach of the law, because in fact they should have the status of agricultural lands and be granted for use to farmers on a first-priority basis. The plaintiffs argue that a number of village council’s decisions regarding the lands near the Krasiya have been adopted in violation of the law. Now all these cases are being considered in different courts.
Halyna Hubert says, if they had allocated the land to her, the territory of the family mansion would not have crossed the ski slopes.
Instead, the head of Vyshka village council Halyna Shtemer says that if the village council allocates the land, the Huberts’ mansion, so to speak, will invade into the territory of the ski slope. According to the village head, they can grant land to the Huberts anywhere else, but not in that area.
The Huberts themselves say that elsewhere in the village does not suit them – because it would be too far away. As already mentioned, the village of Vyshka is located farther than the foot of the Krasiya, where the family has been living for more than 20 years.
Halyna Hubert adds, that not only they won’t allocate the land to her, but the village council plans to take away even that plot that belongs to the family now. Currently, the village council in court is trying to reverse its own decisions to allocate the land at the foot of Krasiya to the Huberts, which were adopted in 1996 and 1998.
The Huberts assure that the village can not plead for the abolition of their own decisions, as the period during which they were allowed to appeal has already passed.
Vyshka village head Halyna Shtemer insists that village council contests the decisions, because the land that was allocated to the Huberts in the 90s was intended for agriculture. And since the family built a house there, it is necessary to re-execute the title instrument and adopt a new decision on the land which would provide for other intended use.
It is currently not known when the justice will finally determine who is right and who is wrong. The legal battle between the family of Hubert and Vyshks village council has been lasting for more than 6 years. During this time, along with lawsuits, numerous complaints to the police and prosecution about violations of the law and the omission of action on the part of some officials related to this conflict have also appeared.
Meanwhile, both sides of the land dispute are firmly confident that the truth is on their side.
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