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“The law does not envisage what is considered to be a prevailing public interest and that is recognized as such only based on government decision. In many cases, as rooted in the public perception and the statistics shows, objects are often said to be of prevailing public interest although they are not sometimes worth it,” Edgar Bademyan told Panorama.am, a lawyer  who used to defend the residents’ interests of the areas recognized as prevailing interest.

Over the recent years we have witnessed dozens of examples when an area being a property of certain people is recognized to be of prevailing interest by a government decision and is handed to another person who decides to build on the place whatever he deems, mostly a profitable object.
According to the lawyer, the government should provide clear-cut justifications as to why a certain area is considered to represent a prevailing interest.

“The other side of the issue is whether the justification appears to be legitimate. If the property owner considers that the decision instead of being a prevailing interest is of arbitrary nature, he can question the lawfulness at the court on grounds that it does not correspond the needs of the state and the public,” he said.
Armenian Honored artist Haghtanak Shahumyan said any area, which has an owner, can be alienated only based on the property owner’s consent - even in cases when the area is demanded for the most urgent needs of the state.

“In our state an area is taken from one owner and given to the other. I could justify that if the deal were realized by the old owner’s consent, if the latter were satisfied with the outcome,” the artist said.

He reminded of a French film “A state strategic road was constructed and an agreement was concluded with all the property owners along the road to alienate the area, except the one who refused to leave the place. The officials went to that house and the latter met them with a gun threatening not to return. He told the house is inherited from his grandfather and he would not let to demolish it, even if whole France is gifted to him. The film shows how all the houses were demolished except that one which stood in front of the road.”

Shahumnayn assures that prevailing interest implies that the state itself should protect it instead of becoming a participant to taking the property away from the owner and giving to the other.

“Prevailing interest has turned to be a mean for enriching some of entrepreneurs. The state first should ensure the prosperous life, comfort and the interests for its citizens,” Shahumyan said.

Director at Sergei Paradjanov Museum, photographer Zaven Sargsyan asked rhetorically what is prevailing interest. “When saying a prevailing interest whom are we implying? The state? Citizen? To me, the prevailing interest occured when new roads were constructed during the war to let the trucks from Persia to pass through Yerevan day and night as the city needed streets, and Abovyan street was rather narrow. This was seen to be a prevailing interest.”

Meanwhile singer Arthur Ispiryan said all the historically and culturally significant buildings in downtown Yerevan have owners, who should meet the condition not to touch the facades of the buildings. Ispiryan singled out the case with the Northern Avenue where the whole street was recognized as of prevailing interest.

“What is considered to be prevailing interest if the area on grounds of public interest is given to a private owner, private structure,” was the question panorama.am addressed the Ministry of Culture. People at the Ministry asked to address the issue to the Ministry of Territorial Administration. The latters advised to apply to the Ministry of Justice. 

The same enquiry was sent to Yerevan Municipality and as of March 4 no feedback has been received.