Land law. Land legal responsibility (most important)

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Land law. Land legal responsibility (most important)

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63. LAND AND LEGAL LIABILITY

Land legal liability is expressed in the forced seizure of a land plot (termination of rights) from owners, land users, land owners for systematic violation of the rules for its use.

Forced withdrawal from the owner its land plot is carried out in the manner prescribed by civil law.

A land plot may be withdrawn from the owner in cases where the land plot is intended for agricultural production or housing or other construction and is not used for the corresponding purpose within 3 years, unless a longer period is established by law. This period does not include the time required for the development of the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.

A land plot may be confiscated from the owner if the use of the land plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the land plot is not used in accordance with its intended purpose or if its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration in the environmental environment.

Forced withdrawal from land users, landowners land is carried out in the manner prescribed by land legislation. A land plot can be withdrawn by forcibly terminating the right of lifelong inheritable possession of a land plot, the right to permanent (unlimited) use of a land plot, the right to use a land plot free of charge in the event of its improper use.

Compulsory termination of the right of lifetime inheritable possession of a land plot, the right of permanent (unlimited) use of a land plot, the right of gratuitous fixed-term use of a land plot is carried out provided that the facts of improper use of the land plot are not eliminated after the imposition of an administrative penalty in the form of a fine. Simultaneously with the imposition of an administrative penalty by the authorized executive body of state power for the implementation of state land control, a person guilty of violating land legislation is issued a warning about committed land offenses, followed by notification of the body that provided the land plot.

If the land offenses indicated in the warning are not eliminated within the prescribed period, the executive body of state power that issued the warning sends materials on the termination of the right to a land plot due to improper use to the executive body of state power or local self-government.

The authorized authority sends an application to the court for the termination of the right to a land plot. Termination of the right to a land plot does not exempt persons guilty of violating land legislation from compensation for the harm caused. The decision to withdraw a land plot due to improper use of the land plot may be appealed in court.

Author: Medentsov A.S.

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