Seizure of land: grounds, order, legal advice

The seizure of land is one of the tools through which alienation of allotments for exploitation in the public interest is carried out. In accordance with the law, its use is allowed in strictly defined cases. Let us consider further how the seizure of land is carried out.

General information

Alienation of allotments can be carried out in different ways. As one of them is the redemption of land. When carrying out transactions with allotments, the interests of the society and of the individual citizen (owner) must be taken into account. Authorized bodies can not alienate allotments, violating the rights of land users.

LC RF

Cases in which the withdrawal of a land plot from the owner is permitted is defined in art. 49. They can be associated with:

1. Execution of international obligations of the Russian Federation.
2. Placement of federal and local facilities in the absence of other options.
3. Other circumstances stipulated in the legislation.

Restrictions

The law specifies the rules in accordance with which the redemption of land is carried out. The norms define the cases of its restriction. For example, they are established to ensure the protection of agricultural areas. Legislation allows the withdrawal of land for construction. However, the alienation must be carried out exclusively in accordance with general plans and rules for the use of the territory and the placement of objects on it. A special operating mode is established for specially protected areas. In accordance with it, the use of such territories for other purposes, including alienation, is limited or prohibited. In exceptional cases, special rules apply to lands occupied by forest plantations of the first group.

An Important Moment

The basis for the alienation of the allotment is the decision to seize the land plot. It is adopted by the executive body of federal or regional authorities. Local structures can not take decisions to seize land for municipal needs. If there is such a need, the territorial authority must apply to the regional authority.

Specificity of the procedure

Usually, the seizure of land for state needs is carried out simultaneously with their provision to the relevant persons. The legislation clearly regulates the whole procedure. It includes two stages:

1. Preliminary coordination of the location of objects.
2. Direct alienation of the allotment.

Procedure for withdrawal of land

At the stage of preliminary approval, the participation of the owner of the allotment is mandatory. If he disagrees with the actions of the authorities, he can apply to the court. Thus, he can prevent a decision on seizure. One of the key safeguards to protect the interests of owners is mandatory notification of authorized bodies about the decision. The seizure of land plots is allowed no earlier than one year after its adoption. The legislation, however, provides for the possibility of alienating allotments before the expiry of the established term. This is allowed only with the consent of the owners. Meanwhile, the practice of seizing land plots indicates that the notification is sent by the authorized bodies to the subjects at the stage of preliminary agreement. In this regard, the calculation of the annual period is carried out in the binding by the time the owner receives the notice.

Key terms and conditions

The right of ownership in land law acts as one of the most important categories under the protection of legislation. In this connection, an equivalent pre-replacement of the cost is the key condition for the alienation of the allotment. The amount of compensation, the conditions for its payment are determined in the agreement, which is concluded with the owner. The current legislation does not specify requirements for the form of such an agreement. Participants in the transaction can apply to organizations that provide legal services for drawing up an agreement. As the second party should act an authority acting on behalf of the Russian Federation, its region or the MO, having the appropriate authority.

Price

It includes the market value of the allotment and immovable property located on it. In addition, the price includes losses in the seizure of land, as well as lost profits. The agreement necessarily specifies the losses incurred by the owner due to the early termination of his obligations with respect to third parties. The act of selecting an allotment should be accompanied by calculations of losses of the owner (user or lessee), losses of forestry and agricultural production. They are determined taking into account the value of the property as of the date of the resolution on alienation of the allotment. According to Art. 53 ZK, the rules for compensation of losses incurred in connection with the procedure for the seizure of a land plot or its temporary occupation, restriction of the owner, tenant or user's abilities, as well as deterioration of the soil condition caused by the activities of other entities, is established by the government.

Lost profit

As was said above, it is included in the composition of compensation for withdrawal. The lost profit is the income that should have been received, but the owner of the allotment did not receive it. These should include the rent, the amount for the transfer of the site for unlimited use. The lost profits are similar payments for other real estate transferred for temporary or permanent use.

Payout Features

Reimbursement of the cost of the allotment is carried out at the expense of budgetary funds. This is due to the fact that the seizure of land is carried out in favor of the Russian Federation, the region or the Ministry of Defense. As for compensation for losses, it is carried out by those entities (institutions, enterprises or organizations) that are granted the allotment. At the same time, the financing of the activities of new owners is made from the funds of the respective budgets. The costs of enterprises incurred in connection with compensation for losses are taken into account in the estimates. Accordingly, compensation in any case will be carried out from the budget of the appropriate level.

Alternative compensation

The owner of the site may be provided with another parcel upon seizure. The value of the latter is taken into account when determining the redemption price. A new allotment is provided in the presence of free territories within the area. If the price of a new site is higher than that of the previous one, the owner is offered or to pay the remaining amount, or to count the difference in losses. If the authorized bodies refuse to provide an allotment in return for the alienated, the owner can file a suit with the court. In this case, it is advisable to enlist the support of organizations that provide legal services on a professional basis. If the investigation reveals concealment of information about the availability of free territories, the perpetrators should be held accountable.

Nuances of legislation

The regulatory acts provide for a number of justified differences regarding the withdrawal of land from owners on the one hand and users on the other. In the ZK, rules have been established for alienating allotments from tenants. It should be noted that the latter are not envisaged in the Civil Code. The owners of the plots in the event of their seizure have the opportunity to receive a refund of value and compensation for the losses incurred. Users and lessees can only count on the latter. This rule seems to be completely justified. In the case of tenants and users, the owner of the site does not change. At the same time, the allotment was transferred to these subjects for free. This provision affects the rules of calculating losses. For example, the evaluation of facilities located on the seized land is carried out at the estimated price of construction of new facilities equal to those available in terms of capacity, degree of mechanization, etc. Calculations for fruit and berry plantations (fruit bearing), protective and other perennial plants are made in accordance with the cost of seedlings And the costs of planting and growing before the ripening of fruits or the closing of crowns. The evaluation of unfinished construction is carried out according to the actual volume of work performed and costs in the prices set at the time of seizure. A similar rule applies to non-bearing plantations. Compensation for loss of profits is made at a time. The amount should be equal to the income that is lost during the period of restoration of production. In determining the principles for calculating losses, in all cases, it is envisaged that the losses will be coordinated with the stakeholders. At the same time, they must be formalized by an act registered in the local administration.

Non-use of allotment

A land plot intended for agricultural activities or construction, but not operated for its intended purpose for three years, may be withdrawn if legislation does not provide for a longer period. In the specified period, the time necessary for carrying out work on the development of the allotment, as well as the period during which it could not be used in connection with natural disasters or other circumstances, is not included. In order for the seizure to be lawful, the facts indicating that the plot was not exploited should be documented. When granting territories for agricultural production, it is planned to start production immediately after the completion of the period necessary for development. Its duration should be indicated in the documentation for the allotment. When transferring a site for the construction of immovable objects, the immediate implementation of the approved project may be considered the beginning of operation. In Art. 39 ZK the above three-year term is duplicated, and the obligation of the subjects possessing sites on the right of perpetual use and inherited (lifelong) possession is provided, at destruction of a construction to begin its restoration within three years. Similar rules apply to tenants and those who exploit allotments under fixed-term contracts.

Violation of legislative requirements

If the owner does not comply with the requirements of rational land use, the site can be withdrawn. Violations of legislative requirements, in particular, include the operation of the allotment not in accordance with the intended purpose, activities that cause a significant decrease in soil fertility or deterioration of the ecological situation on the ground. The use of land is almost always accompanied by a negative impact on its natural properties. In this regard, owners, tenants and users must comply with environmental requirements. In accordance with Art. 42 ZK, subjects are obliged to use allotments according to their intended purpose, as well as belonging to a particular category. However, only such methods of exploitation of the territory that do not cause damage to the environment are allowed. FZ No. 101 regulates measures to ensure the fertility of agricultural land. In accordance with the normative act, for the production of agricultural products, methods that exclude or reduce the negative impact on the environment should be used.

Conservation measures

In Art. 13 ZK stipulates the obligations of the entities that use land. In particular, persons must carry out activities for:

1. Preservation of soil and its fertility.
2. Protection of the earth from wind and water erosion, flooding, mudflows, secondary salinization, waterlogging, compaction, drying, contamination by chemical and radioactive compounds, littering with waste and other negative factors that cause its degradation.
3. Protection of agricultural areas from infection with plant pests, overgrowing with weeds, small forests and other deterioration.
4. Elimination of the consequences of pollution, including nutrients, as well as littering of lands.
5. Ensure that the appropriate level of land reclamation is maintained.
6. Reclamation, restoration of fertility, timely involvement of allotments in circulation.

Responsibility of subjects

The use of land not for its intended purpose, causing harm to it act as an offense. They entail application to the guilty measures of responsibility. As one of them is forced withdrawal. It is carried out exclusively by order of the court. The relevant application is sent by the state authority of the region, the local self-government structure (in cases specified by law) according to the rules defined in the LC. Statutory acts provide for the obligation of these institutions to notify the subject of violations that are committed to them. The rules for prior notification are specified in the LC.

Conclusion

The owner may disagree with the decision to withdraw his plot or with the proposed cost. In this case, the authorized authority has the right to bring an action to the court. An application for redemption of a site may be presented within two years from the date of sending the relevant notice to the owner (on prior approval). It is worth saying that there are a lot of contradictions and ambiguities in the legislation. In order to avoid problems and to prevent illegal actions on the part of regional and local authorities in case of situations related to the alienation of allotments, experts recommend using the help of qualified lawyers.