Land law. Legal regulation of agricultural land turnover (the most important)

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Land law. Legal regulation of agricultural land turnover (the most important)

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65. LEGAL REGULATION OF THE TURNOVER OF AGRICULTURAL LAND

The turnover of land plots (land shares) from agricultural land is regulated by the Law "On the turnover of agricultural land".

Purchase and sale of land from agricultural land. A constituent entity of the Russian Federation or, in cases established by the law of a constituent entity of the Russian Federation, a municipal formation has the pre-emptive right to purchase such a land plot at the price for which it is sold, except in cases of sale at public auction. If this right is not observed, the transaction is void.

Land lease from agricultural land. Land plots that have passed the state cadastral registration, including land plots that are in shared ownership, can be leased. The lease term cannot exceed 49 years. The minimum rental period is established by the law of the constituent entity of the Russian Federation, depending on the permitted use.

Provision of land plots from agricultural land in state or municipal ownership. Such plots are provided to citizens and legal entities for ownership at auctions (competitions, auctions). At the same time, the leased land plot can be acquired by the tenant for ownership at market value or at the price established by the law of the constituent entity of the Russian Federation, after 3 years from the date of conclusion of the lease agreement.

Leasing of such plots is carried out if there is only one application for the transfer of plots for rent, subject to prior publication of the relevant message in the media. If there are two or more applications, then the plots are provided at the auction.

Land inheritance from agricultural land. If the heir is a person who, by virtue of law, is not entitled to possess such a plot, then such heirs are obliged to alienate land plots.

Features of transactions with shares in the right of common ownership of a land plot from agricultural land. If the number of participants in shared ownership exceeds five, the rules of the Civil Code of the Russian Federation are applied subject to the following features.

Without allocating a land plot on account of a land share, a participant in shared ownership has the right to bequeath his land share, contribute it to the authorized capital of an agricultural organization using a land plot that is in shared ownership, or transfer his land share for trust management, or sell or donate it to the specified persons or a citizen - a member of a peasant (farm) economy, using a land plot that is in shared ownership. A participant in shared ownership has the right to dispose of the land share in another way only after the allocation of the land plot on account of the land share. If a participant in shared ownership sells his share without allocating a land plot to another participant in shared ownership, an agricultural organization or a citizen - a member of a peasant (farm) economy using the plot, it is not required to notify other participants in shared ownership of the intention to sell his land share.

Author: Medentsov A.S.

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