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Land law. Reserve lands (most important)

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90. RESERVE LANDS

Reserve lands include lands that are in state or municipal ownership and are not provided to citizens or legal entities, with the exception of lands of the land redistribution fund.

reserve lands - these are lands whose main purpose has not yet been determined and which are not provided to citizens and legal entities. Reserve lands can be lands that simultaneously meet three conditions:

1) lands must be in state and municipal ownership;

2) lands should not be provided to citizens and legal entities;

3) lands should not be used until they are transferred to other categories and subsequently provided to various persons. Essentially, only those lands that are given reserve significance can be classified as reserve lands. Purposeful use of reserve lands is permitted after their transfer to another category of land in accordance with the established procedure for transferring land from one category to another. At the same time, reserve lands can be used for geodetic, geological surveying, prospecting, cadastral, land management and some other studies and surveys. The legislation provides for the inclusion of various types and categories of land in reserve lands.

The transfer of a land plot from reserve land to another category of land, depending on the purposes of further use of this land plot, is carried out only after the formation of a land plot in accordance with the established procedure, 3 in relation to which an act on the transfer of the land plot from reserve land to another category of land is adopted.

According to the Regulations on the procedure for conservation of degraded agricultural land and lands contaminated with toxic industrial waste and radioactive substances, lands taken out of economic circulation as a result of conservation can be transferred to reserve lands.

In accordance with the Regulations on the procedure for conducting a land inventory, after the inventory is completed, the possibility of transferring unused lands to reserve lands is established. Thus, a target land fund can be created from reserve lands to provide land to Cossack societies included in the state register of Cossack societies in the Russian Federation. The target land fund for the provision of lands to Cossack societies is created by executive authorities of the constituent entities of the Russian Federation and local governments upon the proposal of land cadastre bodies and on the basis of proposals from Cossack societies.

According to the Regulations on the procedure for the formation of a target land fund for the resettlement of refugees and internally displaced persons and the mode of its use, this fund is created at the expense of reserve lands. The fund for the resettlement of refugees and forced migrants is created by the executive authorities of the constituent entities of the Russian Federation for housing construction, the organization of personal subsidiary plots, peasant (farm) households and agricultural cooperatives.

At the expense of reserve lands, certain categories of citizens may be allocated plots in accordance with the Decree of the President of the Russian Federation “On the free provision of land plots for individual housing construction to citizens leaving the regions of the Far North and equivalent areas.”

Author: Medentsov A.S.

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