Adler poultry farm may lose about 55 hectares of land

The Department of Property Relations of the Krasnodar Territory intends to terminate the lease agreements for land plots with CJSC Adler Poultry Farm through the COURT and return the land to agricultural circulation. We are talking about sites in the Adler district of Sochi, where the company's poultry houses are located. Earlier, the Sochi authorities announced plans to create a tourist cluster in the production area. According to Kommersant-Kuban, at the moment the rights to several sites of the poultry farm, which are located next to the disputed ones, have been transferred to a structure associated with the AVA Group investment and construction holding (AVA Group). it is possible that housing and commercial projects will be implemented in the place of poultry houses in the future. According to lawyers, if the Adler Poultry Farm has no debts for land rent, most likely, the regional depot will lose in court.

The Arbitration Court of Kuban accepted for consideration nine lawsuits of the regional department of property relations against CJSC "Adler poultry farm" with demands to terminate the lease agreements for non-agricultural land plots that were concluded in 2012-2013. The grounds for termination of the contracts are not specified in the statements of claim, as well as the terms for which they were concluded. Judicial acts are placed in the file of arbitration cases.

The plaintiff also demands that the plots be restored to their original condition, suitable for agricultural use, and returned to state property under the act of acceptance and transfer. Preliminary court hearings are scheduled for May 30, 2022.

We are talking about 25 plots with a total area of ​​about 55 hectares and a cadastral value of about 132 million rubles. The plots are located in the village of Verkhneveseloe, Adler district of Sochi, at different addresses, but near the New Krasnopolyanskoye Highway. On the lands there are poultry houses of the Adler poultry farm, which was declared insolvent in 2019, and in January 2021 the bankruptcy proceedings were terminated due to the approval of the settlement agreement.

According to SPARK-Interfax, CJSC Adler Poultry Farm was registered in 2001 in Sochi. Mikhail Skakun is in charge of the enterprise. The main activity is the breeding of poultry. In 2021, the company's revenue amounted to 25.1 million rubles, a loss of 87.3 million rubles.

According to the court ruling, the participants voted for the settlement agreement, which account for 99% of the total amount of claims of creditors with the right to vote. The main creditor is the Moscow JSC "Crocus - A" (associated with the majority shareholder of the poultry farm - LLC "Cluster-21"), the debt to which is 272.8 million rubles. As part of the settlement agreement, CJSC Adlerskaya Poultry Farm must transfer to JSC Crocus-A the rights to lease five land plots in the Adler District (the land plots are also located on the territory of poultry houses) with a total area of ​​about 16.8 hectares. The remaining amount of debt in the amount of 222.8 million rubles. the debtor undertakes to repay within three years from the date of approval of the settlement agreement by the court.

As it became known to Kommersant-Kuban from its own source, the construction holding, through affiliated companies, also claims the rest of the land of CJSC Adler Poultry Farm. “Probably, the holding uses the land pool of the Adler poultry farm for housing and commercial projects. We are talking about the construction of cottages and townhouses, since, most likely, the proximity of the airport and the private sector adjacent to the plots will not allow high-rise construction here. There is also information about intentions to build a Leroy Merlin hypermarket and an outlet similar to Barvikha Luxury Village on the territory of the poultry farm, ”said the Kommersant-Kuban interlocutor on condition of anonymity.

In April, CJSC Adlerskaya Poultry Farm acquired 100% in Sochi Property Development LLC, which is preparing the construction site, and Cluster-21 LLC registered a subsidiary, Sochi Outlet LLC.

At the same time, since 2017, the Sochi authorities have announced the renovation of the territory of the Adler poultry farm. As the city media wrote, it was planned to create a tourist cluster on the site of the poultry houses. As part of the project, it was proposed to rebuild the production facilities into economy-class accommodation facilities, and build swimming pools, playgrounds, etc. between them. There was also an idea to place a retail park and a safari park here.

In February 2022, the HEAD of Sochi, Alexei Kopaygorodsky, in an interview with Kommersant-Kuban, said that projects for the integrated development of the territory of the Adler poultry farm and the development of a premium hotel complex on Lenin Street in the Adler District (one of the disputed sites) will be presented at the upcoming Russian Investment Forum (RIF). located on this street).

According to Roman Domashchenko, Managing Partner at Domashchenko & Partners, the Department of Property Relations of Kuban has very little chance of winning court cases in the absence of land rent arrears and, accordingly, returning agricultural status to the plots.