Land law. Municipal ownership of land (most important)

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Land law. Municipal ownership of land (most important)

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18. MUNICIPAL OWNERSHIP OF LAND

Municipal property is not state property.

municipal property property is considered to be owned by urban and rural settlements, as well as other municipalities. The right of ownership to land plots in municipalities arises from the moment of state registration of the right of ownership to land plots. The basis for state registration of property rights is the acts of the Government of the Russian Federation on the approval of lists of land plots for which municipalities acquire the right of ownership when delimiting state ownership of land, as well as court decisions that have entered into force on disputes related to the delimitation of state ownership of land.

Land plots are in municipal ownership: which are recognized as such by federal laws and laws of the constituent entities of the Russian Federation adopted in accordance with them; the right of municipal property for which arose during the delimitation of state ownership of land; acquired on the grounds established by civil law. Land plots not granted to private ownership may also be in municipal ownership until the state ownership of land is delimited. In order to ensure their development, municipal formations may be transferred to the ownership of state-owned lands free of charge, including those outside the boundaries of municipal formations.

The territories of municipalities are established in accordance with federal laws and laws of the subjects of the Russian Federation, taking into account historical and other local traditions. The territory of a municipal formation is made up of lands of urban and rural settlements, adjacent common use lands, recreational zones, lands necessary for the development of settlements, and other lands within the boundaries of the municipal formation.

In the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg, land plots are not transferred to municipal ownership when delimiting state ownership of land.

The right of municipal ownership of land plots in these constituent entities of the Russian Federation arises when land plots are transferred from the ownership of cities to municipal ownership in accordance with the laws of these constituent entities of the Russian Federation.

It should be noted that land plots recognized as such not only by federal laws, but also by the laws of the constituent entity of the Russian Federation adopted in accordance with them, are in municipal ownership. Regarding the civil law grounds for acquiring municipal ownership of land plots, it should be noted that, unlike state ownership, it can also arise on ownerless land plots abandoned by the owners.

The rights of the owner on behalf of the municipality are exercised by local governments (in cases established by law, other persons on special instructions from local governments, for example, municipal institutions).

Plots that are in municipal ownership may be provided to citizens and legal entities, local governments and non-profit organizations created by them, municipal institutions and unitary enterprises.

Author: Medentsov A.S.

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