Land law. Confiscation of land plots for state or municipal needs (the most important)

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Land law. Confiscation of land plots for state or municipal needs (the most important)

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39. WITHDRAWAL OF LAND PLOTS FOR STATE OR MUNICIPAL NEEDS

Grounds for seizure, including through the purchase of land plots for state or municipal needs. Such seizure is carried out in exceptional cases related to:

1) with the fulfillment of the international obligations of the Russian Federation;

2) placement of the following objects of state or municipal significance in the absence of other options for the possible placement of these objects:

▪ federal energy systems and energy system facilities of regional significance;

▪ use of nuclear energy;

▪ defense and security;

▪ federal transport, railways, computer science and communications, as well as transport facilities, communications, computer science and communications of regional significance;

▪ providing space activities;

▪ ensuring the status and protection of the State Border of the Russian Federation;

▪ linear facilities of federal and regional significance that support the activities of natural monopolies;

▪ electricity, gas, heat and water supply of municipal importance;

▪ public roads within the boundaries of settlements and between settlements, bridges and other transport engineering structures of local importance within the boundaries of settlements and outside the boundaries of settlements;

3) other circumstances in the cases established by federal laws, and in relation to the seizure, including by way of redemption, of land plots from lands owned by the constituent entities of the Russian Federation or municipal property, in cases established by the laws of the constituent entities of the Russian Federation.

Conditions and procedure for withdrawal land plots. Compulsory alienation of a land plot for state or municipal needs can be carried out only on condition of preliminary and equivalent compensation of the cost of the land plot on the basis of a court decision. A land plot may be withdrawn from the owner for state or municipal needs by way of redemption.

The decision to withdraw a land plot for state or municipal needs is made by federal executive authorities, executive authorities of a constituent entity of the Russian Federation or local governments.

The owner of the land plot must be notified in writing about this by the body that made the decision to withdraw the land plot no later than one year before the upcoming withdrawal of the land plot. Redemption of a land plot before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner.

The decision of the authorized body on the withdrawal of a land plot is subject to state registration with the body that registers the rights to the land plot. The owner of the site must be notified of the registration, indicating its date.

The owner of a land plot from the moment of state registration of the decision to withdraw the land plot until an agreement is reached or a decision is made by the court to buy out the land plot, may own, use and dispose of it at its own discretion and incur the necessary costs to ensure the use of the land plot in accordance with its intended purpose. In this case, the owner bears the risk of costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period.

Author: Medentsov A.S.

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