Land law. Compensation for losses when seizing land plots for state or municipal needs (the most important)

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Land law. Compensation for losses when seizing land plots for state or municipal needs (the most important)

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53. COMPENSATION FOR DAMAGES DURING THE WITHDRAWAL OF LAND PLOTS FOR STATE OR MUNICIPAL NEEDS

Forced acquisition 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 A land plot may be withdrawn from the owner for state or municipal needs by way of redemption.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.

Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other conditions for redemption are determined by an agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a subject of the Russian Federation or a municipality to pay the redemption price for the withdrawn plot.

When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost profits . By agreement with the owner, instead of a land plot withdrawn for state or municipal needs, he may be provided with another land plot, with its value included in the redemption price.

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.

If the owner does not agree with the decision to confiscate the land plot from him, or if an agreement on the terms of redemption is not reached with him, the authorized body that made such a decision may file a claim for the redemption of the land plot in court.

The basis for damages is:

1) an agreement on the temporary occupation of a land plot between the owner of the land plot and the person in whose favor the temporary occupation of the land plot is carried out;

2) an act of the authorized body on the restriction of the rights of the owner of the land plot, an easement agreement;

3) act of the authorized body on the deterioration of land quality;

4) court decision.

Author: Medentsov A.S.

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