Withdrawal of land plots for state needs in 2020, withdrawal of land for municipal needs, procedure and grounds for withdrawal, main problems of the procedure

Land plots owned by citizens of the Russian Federation under official ownership rights may be confiscated by the state or municipality. For this, a compelling list of reasons must be relevant, which in turn are confirmed by established legislative standards.

In the process of expropriation, it does not matter who owns the plot of land and on what grounds. In the vast majority of cases, land is taken from private ownership to further public interests.

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The law on the seizure of land plots in 2020 has characteristic features. To understand them thoroughly, you should familiarize yourself with the important nuances, the new procedure for carrying out the procedure, the search for copyright holders, the drafting of a resolution, possible compensation, as well as judicial practice.

Grounds for seizure of land for state and municipal needs

The Land Code of the Russian Federation also provides other grounds that allow the withdrawal of a land plot from private ownership to state or municipal ownership.
It is simply impossible to give an exhaustive list of such reasons for the transfer of property rights from one legal entity to another. This is due to the fact that other grounds are established by federal and regional laws in each specific subject of the Russian Federation. An illustrative example in this case is the process of seizure of land for the construction of sports infrastructure in the city of Sochi. The Federal Law No. 310-FZ is considered to be the regulatory legal act that determined this need.

https://www.youtube.com/watch?v=ytaboutru

An equally interesting example is the seizure of land for the construction of roads and highways on their territory, which connect settlements, cities, regions and even countries, as well as for the development of useful resources from the bowels of the earth, etc.

Thus, the seizure of land plots is provided for by modern Russian legislation, even if they are used as private property. But at the same time, the state strives to ensure proper protection of the interests and rights of citizens, providing equivalent compensation and cash ransom for such authority, which cover all losses of the subjects of legal relations.

• Construction of structures for strategic use.
• Construction of energy and communication nodes.
• Design of nuclear industry facilities.
• Construction of engineering structures and communication centers.
• Reconstruction of military facilities.
• Construction of transport hubs. For example, railway stations, stations and airports.
• Construction of spaceports.
• Modernization and equipment of linear structures of natural monopolies.
• Construction of communication systems for electricity, gas and heat supply.
• Construction of highways for government needs.

There are other grounds for seizure of real estate. They are regulated by separate regulations and agreements between the parties.

The seizure of land plots for state needs occurs on a compensation basis by setting their redemption value, which will be transferred to the new actual owners. The procedure for the alienation of private lands requires mandatory notification of owners.

The legislation also establishes the concept of requisition as the deprivation of primary ownership of a site in favor of the state or society, which is established for a limited period or on a permanent basis. Such action is permitted in emergency and emergency situations, disasters and other circumstances in which the alienation of territory is required to fulfill urgent government tasks.

A resolution on the alienation of a land plot in favor of the state is drawn up after approval of the act on the selection of a specific territory for the necessary needs. Within two months after the adoption of this document, the competent commission agrees and sends the resolution to the actual owner of the site. Within 5 days after approval of the decision, information about the change of owner is sent to Rosreestr at the location of the plot in question.

A resolution on the seizure of a land plot looks like an official order, approved by the seal of a government agency and the signature of its head. It must contain the following information:

1. Data about the object in question. Its location, size and cadastral number.
2. Grounds for seizure.
3. The period for which the site is seized. Seizure may also be made on a permanent basis.
4. Information about the owner from whom the property is being seized.
5. Surety obligations of a specific government body on the need to notify the owner of the land about its alienation, as well as on the mandatory registration of the transfer of real rights to property.
6. Information on compensation to the former owner of the property.

According to civil and land legislation, the owner of real estate subject to seizure is informed three times:

• Before agreeing on withdrawal. Possible information through the media.
• After making the appropriate decision. Before the latest edition of the RF Land Code, the period for notifying the owner was at least one year before the alienation. This provision has now been repealed and the exact timing of advance notification has not been established.
• After state registration of the transfer of real rights to property.

Today, three times notification of the land owner is optional.

The procedure for withdrawing a land plot for municipal needs:

1. Consideration of the need to alienate private property into state jurisdiction.
2. Drawing up an appropriate resolution by a competent commission appointed by federal or local authorities.
3. Notification to the owner of the seizure of a specific plot in whole or in part.
4. Drawing up an agreement including a compensation clause.
5. Alienation of property and registration of transfer of property rights in Rosreestr.

After the land plot is withdrawn, the individual personal account of the former owner will receive monetary compensation, determined by agreement between the parties to the legal relationship. The alienated plot becomes the property of the interested state or municipal body, which registers the transfer of property rights in Rosreestr.

In judicial practice, there are cases where alienated property was returned to its rightful owner due to non-compliance with legal rights. This is possible after filing the appropriate claim. For example, about invalidating the fact of transfer of a land plot into state or municipal ownership.

Conclusion

Alienation of private property in favor of the state occurs for the construction of important infrastructure facilities, as well as for their reconstruction and repair. This procedure includes the following steps:

1. Search by federal or municipal authority for suitable land.
2. Making a decision and drawing up a corresponding resolution.
3. Notifying the owner and drawing up a mutual agreement.
4. Payment of compensation for land.
5. Registration of the transfer of property rights in Rosreestr.

List of laws

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On the first day of April 2020, a law was adopted containing a number of changes to the previously existing regulations on the seizure of land for the purpose of use for the needs of the state or municipality (Federal Law of December 31, 2014, No. 499-FZ).

Thus, if previously the Land Code of the Russian Federation contained only a few norms for the seizure of land, then in 2020 a separate chapter was added to it, which is completely devoted to this aspect (Chapter 7.1 of the Land Code of the Russian Federation).

The state has accumulated all previous knowledge regarding the seizure of land plots for the development of territories in New Moscow, the holding of the Sochi Olympic Games and the APEC summit.

According to the text of Article No. 49 of the Land Code of the Russian Federation, a land plot can be seized from the owner in favor of the state or municipality, but only if there is an exceptional need for this, as well as in the presence of the following grounds:

1. Implementation of agreements at the international level of the Russian Federation.
2. During the construction, reconstruction of objects of great national importance (federal and regional), or objects of municipal importance. But subject to the absence of other options for construction, reconstruction work of such objects as:

• nuclear power facility;
• energy system facility;
• defense facility;
• transport facility;
• linear object;
• federal, municipal and regional routes.

1. If there are other grounds that are prescribed in the Federal Law of the Russian Federation:

Reasons for the procedure

These provisions are prescribed in civil legislation. These include:

• the penalty is imposed on the land due to the establishment of obligations;
• seize plots that, according to the laws, cannot belong to private individuals as owners;
• nationalization, confiscation or requisition of plots;
• a share in joint ownership is allocated with payment of compensation in cash (due to the fact that a share in kind cannot be allocated);
• plots are purchased for municipal or state needs;
• the allotment is used in violation of the rules established by the legislator.

Provisions of the decision on confiscation
It is also possible to confiscate the plot that is located under the house and registered as property. In this case, the process is carried out regardless of the form of land ownership. Termination of the owner's rights by force is permitted if the person has violated the principles established for reasonable use. Including:

• the use does not correspond to the established category and intended purpose;
• the ecological situation is disrupted, the fertility of allotments for lands with agricultural purposes is reduced;
• the owner speaks out against eliminating the consequences of violations that are associated with environmental pollution;
• mandatory measures to implement conservation measures and improve the soil were ignored;
• a person evades paying tax payments.

Confiscation on a compulsory basis is allowed:

• when confiscation is carried out within the framework of programs conducted by the state or municipality;
• requisition;
• other cases established by law.

An agreement on the confiscation of the land plot is drawn up. This document confirms the fact of alienation of the property of a citizen or organization in favor of the state or municipality.

An act is concluded by the owners of the allotment, which is also confiscated by municipal or state authorities. The object of the agreement is the plots and the objects built on them. The plots may be subject to ownership rights, as well as permanent use rights.

Solution

The agreement is in written form. It reflects:

1. The period during which the transfer takes place. It cannot exceed more than 6 months from the moment the previous owner’s ownership rights ceased.
2. The procedure and amount for compensation for damage that arises due to the seizure of the site is indicated.
3. The details of the act containing the decision to confiscate the allotment for the needs of the state or municipality are entered.
4. It is indicated which right is terminated or arises in relation to the site or the buildings located on it as a result of the procedure.
5. The purposes for which the process is carried out.
6. Cadastral data for plots that are being seized. If there is no such number, then enter a conditional one, which is established on the basis of legislation.
7. Data of the parties to the contract.
8. Structures that cannot be confiscated, but are located on the confiscated territory.
9. Easement of the land plot, if any.

The concept of an agreement on withdrawal
Civil legislation prescribes the procedure according to which transactions with land plots are registered. It consists of steps:

• the agreement is sent to the owner of the plot for study;
• the act is signed or when a person refuses to sign it or ignores it within three months from the date of receipt - the sender files a claim with the judicial authority for forced confiscation;
• the document is sent to the authority that sent it;
• the agreement is sent to Rosreestr for registration;
• registration activities are carried out and rights are transferred from a private individual to state or municipal authorities.

Sample agreement The following
is attached to the agreement:

• cadastral documentation regarding the land plot and buildings on it;
• a report containing the market value of land and structures;
• when compensation is provided for seizure, a report is drawn up indicating the actual values.

Grounds for seizure of land for state and municipal needs

Confiscation of a land plot from the owner can be carried out for a variety of purposes. According to Chapter VII.1 of the Land Code of the Russian Federation:

• to fulfill obligations under international law;
• for the sale of natural resources located on the land plot (subsoil development);
• to create a natural protection zone, if such is provided for a specific area;
• when an apartment building is recognized as unsafe and subject to demolition, if such a decision was justified and documented by experts;
• for the construction or reconstruction of facilities of federal, regional or state significance;
• on other grounds provided for in federal laws.

In any case, regardless of the purpose of the seizure, the owner of the land plot must be provided with relevant documents confirming the need to seize his property from him.
Otherwise, instead of seizure, there will be the fact of illegal seizure of someone else’s property, which comes under the jurisdiction of criminal law. 1. Certain organizations, the list of which is established by land legislation, and representatives of government bodies have the right to draw up a petition, which is submitted for consideration to representatives of local government bodies. The application specifies the needs for which the site is being withdrawn, its location, owner, land surveying project or layout of future facilities.

2. Representatives of local self-government bodies, after considering the application, make a decision on consent or disagreement with the seizure of the land plot, after which a copy of such a decision is provided directly to the owner of the land plot in question. The latter has the right to agree or express his disagreement with the decision made, especially if the compensation prescribed in the decision does not suit him.

3. If the owner is satisfied with the conditions for the seizure of the land plot, he voluntarily signs an agreement, after which all rights to the land plot are transferred to the municipality or the organization that filed the petition. If the owner has objections, then he has the right to go to court with a claim to declare the decision made invalid and unlawful.

Despite the fact that the Civil Code of the Russian Federation provides for the forced seizure of a land plot, in cases of disagreement of the owner, practice shows that a legislative conflict arises: the norms of civil law contradict the norms of the Constitution of the Russian Federation, according to which a citizen has the right to the principle of equal protection of all forms of his property.

https://www.youtube.com/watch?v=ytpolicyandsafetyru

It is permissible to seize land from one subject of the Russian Federation in favor of another subject if this is provided for by the relevant documents on territorial planning drawn up in accordance with all legislative norms.

Sometimes the state has to seize land from the owners. For example, if this is necessary for the construction of important facilities for a country or locality: communications, roads and highways.

The procedure for the seizure of land plots is established by the text of Chapter. 7.1 Land Code of the Russian Federation. The state bodies that accept the verdict on the fact of seizure are:

1. Commissioner of the federal executive authorities: the goal is subsoil use (withdrawal of land for the needs of the entire country).
2. Executive bodies of the state of a constituent entity of the Russian Federation (when acquiring land for regional needs). This is the construction of regional facilities, carrying out work on subsoil use of local significance.
3. Local self-government - for the use of land for the purpose of building objects of local significance on it.

Any process of land acquisition occurs on the basis of a verdict of authorized executive authorities (or local government), which is adopted:

• based on their own initiative;
• on the basis of a petition for seizure of land submitted by the organization specified in clause 1, article No. 56.4 of the Land Code of the Russian Federation (this may be a natural monopoly, users of subsoil).

The following may submit a petition for seizure of a land plot:

1. Companies that have the right to petition for the seizure of land from the owner in order to use it for the needs of the federal level (Resolution of the Government of the Russian Federation of 2020, No. 442).
2. A public authority that seizes a plot of land for the purpose of:

• execution of an international agreement;
• carrying out construction and reconstruction work of objects of national significance.

1. An enterprise of state importance - for placing on the seized land objects of federal (regional) significance, provided for by the investment program.

The federal executive body, as well as local government bodies, adopt a verdict on the seizure of land from the owner.

How does this happen? The landowner is given one year's notice that his rights to the land have ended. The plot must be purchased on the basis of the prior consent of the owner.

Such a decision is registered and the landowner is notified of the registration.

Such a concept as the institution of seizure of land plots has been known to practicing lawyers for a long time. It existed in the Russian Empire, the USSR, and the RSFSR, and now has a direct impact on the distribution of land in Russia. And if this concept was perfectly regulated by pre-revolutionary and Soviet legislation, today the Land Code of Russia contains a large number of conflicts and gaps on this issue.

What is the concept of “seizure of land”? This is a process of forced seizure of a plot of land established by law through redemption for state or municipal needs, which is divided into 4 specific stages:

• a decision is made to seize the land plot from the owner, after which state registration is carried out;
• the owner is notified of such a government decision, which is aimed at confiscating the site;
• the specific conditions and procedure for the seizure and transfer of ransom for the territory are determined;
• payment for the land plot is made equal to the redemption price, as well as additional compensation.

In the legal literature, the concept of “seizure of a land plot” finds different interpretations, in particular, such grounds as, for example, the legal status of the land plot are taken into account. Some scholars agree that such authority on the part of the state is a transaction similar to a purchase and sale. Others, on the contrary, find reasons to give the seizure the status of a “quasi-transaction”, in particular due to its compulsory nature.

It is worth noting that the Land Code of the Russian Federation clearly regulates the procedure for withdrawing a plot through redemption. In particular, it spells out all the key cases when this power can be exercised by government authorities:

• confiscation of land from the owner occurs if the allotment is necessary for the Russian Federation to fulfill all its international obligations;
• forced seizure of property is carried out if there is a need to place a state facility on the site, and there are no other options for construction;
• seizure occurs in other cases, which are established both by the Land Code and the federal or regional legislation of the Russian Federation.

As mentioned above, the amount of the ransom is determined by the parties to the agreement. If such agreement cannot be reached, then the redemption price is determined by the arbitration court of the Russian Federation. In this case, the judge takes into account the market value, which was recorded at the time of the trial.

Let us consider the reasons listed above in more detail. If we turn to modern Russian legislation, then a special role in it is played by the international obligations that the Russian Federation assumes. Often, in order to fulfill them, the state requires numerous resources, which include land territories.

That is why the Land Code of the Russian Federation assigns to state authorities the ability to forcibly confiscate a land plot from the owner. But at the same time, the grounds for the court to make such a decision must be well reasoned.

https://www.youtube.com/watch?v=ytcreatorsru

As in all other cases of seizure of a plot, the owner of the land is paid a ransom and compensated for additional losses, including lost profits that he could have received by disposing of the territory at his own discretion.

The procedure for the seizure of lands that need to be developed for the purpose of additional development of territories to meet municipal needs has a standard implementation. This authority on the part of the authorities is consolidated in Article 49 of the Land Code of the Russian Federation.

The procedure for acquiring land for construction work involves going through two key stages, which are regulated by the above Code. At the first stage, a preliminary agreement takes place on which specific location a particular structure will be erected to meet the needs of a particular municipality. Next, the process moves into the stage of direct seizure of private property in favor of the state.

At the first stage, the participation of land owners is considered a mandatory condition for its legitimation. If any problems arise in resolving the issue regarding preliminary approval, the owner of the plot can find protection in the authorized bodies, that is, the courts.

If the preliminary stage was successful and no legislative problems arose, then a decision is made to seize the territory. But even so, the owner has the legal right to use the land for his own purposes for 1 year from the date of signing the official decision.

Stages of seizure and procedure for land seizure

Article 286 of the Civil Code of the Russian Federation provides for a certain procedure for the seizure of land. So, first, state land control carries out appropriate checks on the implementation of land legislation, including the use of land for its original purpose, and use in general.

After which, if violations are detected, an inspection report is drawn up, a copy of which is sent to the owner of the land, whoever he is (individual or legal entity).

The act specifies not only the violations, but also the ways and deadlines for their correction. If the owner does not comply with the requirements to eliminate violations, either a criminal or administrative case may be initiated against him, and information about the violation may be submitted to the court.

According to a court decision, in most cases, a land plot is subject to seizure due to inappropriate use.

According to Article 286 of the Civil Code of the Russian Federation, the owner can send his consent in writing to the forcible seizure of the plot, after which the plot is sold at public auction to persons interested in purchasing.

In cases where the owner of the land does not agree with the seizure or has not provided his consent in writing (which is considered an objection on his part), a demand for the sale of the plot may be sent to the court. An owner who has no objection to the sale of the plot, but has not expressed his consent in writing, may, during the trial, express his consent in writing, after which the plot will be sold at public auction.

Forced seizure of land that was allocated for agricultural needs is possible not only on grounds when this land is not used for its intended purpose, but also when it is not used within three years after development.

In this case, after inspections by state land control, the act is sent to the municipality or representatives of state authorities, and then to the court. The owner's consent to sell a plot of land is not required.

After the purchase, the new owner is obliged, in accordance with the norms of current legislation, to begin selling the land for agricultural needs within three years. If the land has already been developed but not used, the period is reduced to one year, since no time is required for development.

In cases where land for agricultural needs was damaged by unlawful actions of the owner, in addition to seizure, the court imposes an administrative fine, which is paid to the state, or a requirement is issued to bring the site into proper condition.

How is the decision to seize made?

The decisions taken are justified by relevant documents, in particular:

• a decision on the creation, expansion or improvement of environmental protection zones, if a site is taken for these purposes;
• international treaty;
• decision to detect a house in disrepair;
• a corresponding license for the right to use subsoil and natural resources;
• documents confirming the need for reconstruction or creation of objects of national importance;
• other documents provided for in federal laws.

Thus, representatives of local authorities must have documents on hand that confirm both the need and the right to seize a private plot of land, regardless of what form the latter is located on it. Except in cases where the land was used for other purposes (here Article 50 of the Land Code of the Russian Federation “Confiscation” comes into force).

To avoid such a situation and subsequent litigation, it is better to check in advance whether the Unified State Register contains information about your rights. If you registered your ownership after 1998, the information is definitely there. If earlier, order an extract from the Unified State Register of Real Estate for the land and house you own. This can be done at the Rosreestr branch, through the MFC or electronically on the Rosreestr website. The cost of a regular statement is 400 rubles, an electronic one is 250 rubles. The document will be ready in 3 working days.

The authorized body must inform about its decision within 10 days after its adoption: post the information on the official website and in print media, send a copy to Rosreestr, as well as to the copyright holders of the seized real estate.

For example, in Novorossiysk the administration wanted to seize a private plot of land, but did not intend to build municipal facilities on this site. The owner of the site challenged the seizure order, and the court declared the administration's decision invalid.

How land acquisition occurs in practice

No one can simply take away his land from the owner. That is why it was legislated that land plots subject to seizure for state and municipal needs are withdrawn only by decision of the following competent and authorized bodies:

• executive power, who are represented by authorized federal employees (if the site is withdrawn specifically for the needs of the federation);
• executive power of specific subjects of the federation, if the site is subject to seizure for regional needs;
• local government (the most common case in practice), when a site is subject to seizure to meet the needs of local importance.

It is noteworthy that Article 279 of the Civil Code of the Russian Federation, which, according to many lawyers and human rights activists, allows for such a fact as the forced seizure of a land plot in the event that the owner of this land plot categorically disagrees with the drawn up agreement and the decision made by local government bodies.

If the owner does not agree with such an agreement and has not signed it, then the representative of the authorized bodies resolves the issue in court, where the court decides how proportionate the owner’s costs and the proposed compensation are. You can challenge the decision in the courts of higher jurisdiction.

By forced alienation

Termination of the right of private ownership of a land plot or land use rights is not permitted, except in cases of forced alienation of a land plot for state needs. A land plot may be forcibly alienated for state needs in exceptional cases when it is impossible to satisfy these needs in any other way and subject to equivalent compensation of the property with the consent of the owner or non-state land user or by court decision.

The seizure of a land plot from a state land user for state needs is carried out on the basis of the Resolution of the Government of the Republic of Kazakhstan, a unilateral decision of the executive body carrying out the seizure. According to the requirements of the law, the Astana city akimat compulsory alienation of a land plot for state needs is carried out while maintaining the publicity of the alienation procedure by publishing a resolution in the republican or local media within three working days from the date of its adoption. Failure to comply with the provisions of this article is grounds for the court to refuse the compulsory alienation of a land plot for state needs and to cancel the resolution adopted by the Government of the Republic of Kazakhstan or the local executive body on the start of compulsory alienation. Protection of the rights of persons whose land plot is alienated for state needs is carried out in court. In turn, the owner or non-state land user of the alienated land plot in accordance with this code, after the adoption of a resolution on the start of compulsory alienation of the land plot for state needs, has the right to initiate conciliation procedures in the manner established by Chapter 6 of the Law of the Republic of Kazakhstan “On State Property”.

Also read: How much do they give for a second child in 2020?

How to protect your rights to land

In cases where a land plot is forcibly seized, the owner must file a claim in court that his constitutional rights are being violated and he is being deprived of ownership of real estate under unfair conditions.

The application indicates all the circumstances of the case, attaches copies of the decisions made, and reasons for the fact that the decision is unfair and unlawful. In order to organize everything correctly and prove his case during court proceedings, it would be a good idea for the owner to hire a good lawyer or advocate for this.

However, in cases where the owner demands from the authorities more than what is due to him (deliberately increases the amount of compensation, for example), the court takes the side of the authorities, partially satisfying the owner’s claim. Most often, to assess the adequate cost of compensation, the cadastral value of a land plot is taken.

Grounds for the emergence and termination of ownership of land plots

A citizen or legal entity may renounce ownership of a land plot by declaring this or taking other actions that definitely indicate his removal from ownership, use and disposal of property without the intention of retaining any rights to this property (Article 236 of the Civil Code of the Russian Federation) .

* other circumstances in cases established by federal laws, and in relation to the seizure, including through redemption, of land plots from lands owned by constituent entities of the Russian Federation or municipal property, in cases established by the laws of constituent entities of the Russian Federation.

27 Jun 2020 stopurist 456

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Prohibition on seizure of land

Despite the fact that the land legislation clearly states which lands can be withdrawn and for what needs, there are a number of conditions according to which plots cannot be withdrawn. In particular, we are talking about federal budgetary institutions that are located on the lands of environmental zones and that carry out nature conservation in these territories.

It is not possible to seize a plot of land from them for other state and municipal needs, since the land is already used for one of the purposes prescribed in the Land Code of Russia.

Land seizure: resolution

Within 60 days, a verdict regarding the seizure of the land plot is made. This verdict contains:

• an indication of the reason for such seizure;
• an indication of the owner from whom the land was seized;
• indication of land size and cadastral number.

Within seven days from the date of making a decision on land seizure, the public authority is obliged to send to certain institutions a copy of the verdict stating that the former land owner no longer owns the rights to it.

We remind you that even if you thoroughly study all the data that is publicly available, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form.

Requisition of land

Requisition is a forced seizure of land carried out by law. During requisition, a plot of land is taken from the owner for the purpose of using it for the needs of the state. In this case, the owner receives monetary compensation and completely loses his right to own the site.

Art. No. 51 of the Land Code of the Russian Federation regulates the possibility of land requisition. It is applied only when any emergency occurs on the territory of the country: epidemics, accidents, disasters, etc.

Requisition should be carried out only in the interests of citizens and does not require legal proceedings.

Requisition can be temporary: upon termination of the grounds for requisition, the land plot is returned to the owner. Otherwise, the money is returned.

Conditions and procedure for alienation of land

By voluntarily alienating real estate, the owner of the property exercises his right to freely dispose of this property. In this case, the main basis for the transfer of ownership is concluded transactions - purchase and sale, exchange, will and other transactions.

Also read: How long can you legally make noise in an apartment?

When alienating plots of land, it is important to take into account the restrictions on their turnover established in land legislation. This applies to certain categories of land that are completely withdrawn from civil circulation (for example, areas on which nature reserves, national parks, civil and military burial grounds and other categories of land are located) or limited in circulation (for example, plots of land included in the forest fund, or dedicated for communication needs).