Withdrawal of land plots acts as one of the tools with the help of which alienation of plots for exploitation in the public interest is carried out. In accordance with the law, its use is allowed in strictly defined cases. Let us further consider how land is withdrawn.
General information
Alienation of allotments can be carried out in various ways. As one of them is the redemption of land. When carrying out operations with allotments, the interests of the company and the individual citizen (owner) should be taken into account. Authorized bodies cannot alienate plots, violating the rights of land users.
RF RF
Cases in which the removal of the land from the owner is allowed are defined in Art. 49. They may be associated with:
- Fulfillment of international obligations of the Russian Federation.
- Placing objects of federal and local significance in the absence of other options.
- Other circumstances provided by law.
Limitations
The legislation spells out the rules in accordance with which the redemption of land is carried out. The norms define cases of its restriction. For example, they are established to ensure the protection of agricultural territories. Legislation allows for the seizure of land for construction. However, alienation should be carried out exclusively in accordance with general plans and rules for using the territory and placing objects on it. For specially protected areas, a special mode of operation is established. 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 stands of the first group.
Important point
The basis for the alienation of the allotment is the decision to seize the land. It is adopted by the executive body of the federal or regional government. Local structures cannot take decisions on the seizure of land for municipal needs. If such a need arises, the territorial authority is obliged to contact the regional.
Procedure specifics
Usually, the seizure of land for state needs is carried out simultaneously with their provision to the relevant persons. The legislation clearly regulates the entire procedure. It includes two stages:
- Preliminary approval of the location of objects.
- Immediate alienation put on.
The procedure for the seizure of land
At the stage of preliminary coordination, the participation of the owner of the allotment is mandatory. If he disagrees with the actions of the authorities, he can appeal to the court. In this way, he can prevent a decision to be seized. One of the key guarantees of protecting the interests of owners is the mandatory notification of authorized bodies of the decision. Withdrawal of land is allowed no earlier than a year after its adoption. The legislation, however, provides for the possibility of alienation of allotments before the expiration of the established period. This is allowed only with the consent of the owners. Meanwhile, the practice of land seizure indicates that the authorized bodies send the notification to the entities at the stage of preliminary approval. In this regard, the calculation of the annual period is carried out in conjunction with the moment of receipt of the notice by the owner.
Key conditions
The right of ownership in land law acts as one of the most important categories under the protection of legislation. In this regard, an equivalent preliminary cost recovery 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 establish requirements for the form of such an agreement. Participants in the transaction can contact organizations that provide legal services to draw up an agreement. The second party should be a body acting on behalf of the Russian Federation, its region or the MO, with the appropriate authority.
Price
It includes the market value of the allotment and real estate located on it. In addition, the price includes losses on land acquisition, as well as lost profits. The agreement must indicate the losses incurred by the owner due to the early termination of his obligations to third parties. Calculations of losses of the owner (user or tenant), losses of forestry and agricultural production should be attached to the act of selection of the allotment. They are determined taking into account the value of the property at the date of the decision on the alienation of the allotment. According to Art. 53 of the LC, the rules for compensation for losses incurred in connection with the procedure for land acquisition or temporary occupation of the land, limitation of the capabilities of the owner, tenant or user, as well as deterioration of the soil due to the activities of other entities, are established by the government.
Lost profit
As mentioned above, it is included in the refund upon seizure. Lost profits are recognized as income that should have been, but did not receive, the owner of the allotment. These should include the rent, the amount for the transfer of land for unlimited use. Lost profits are considered similar payments for other real estate transferred to temporary or permanent operation.
Payout Features
Allotment cost compensation is carried out at the expense of budget 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 Moscow Region. As for compensation for losses, it is carried out by those entities (institutions, enterprises or organizations) to which the allotment is provided. Along with this, the financing of the activities of new owners is made from the funds of the respective budgets. The expenses of enterprises incurred in connection with the compensation of losses are taken into account in the estimates. Accordingly, compensation will in any case be made from the budget of the appropriate level.
Compensation Alternative
The owner of the plot at its seizure may be provided with another allotment. The cost of the latter is taken into account when setting the redemption price. A new allotment is provided subject to the availability of free territories within the locality. If the price of a new site is higher than that of the previous one, the owner is invited to either pay the missing amount or offset the difference in the expense of losses. In case of refusal of the authorized bodies to provide the allotment in exchange for the alienated one, the owner may file a lawsuit in court. In this case, it is advisable to enlist the support of organizations that provide legal services on a professional basis. If during the proceedings it is revealed that information on the availability of free territories is concealed, the perpetrators must be held accountable.
The nuances of the law
The regulatory enactments provide for a number of substantiated differences regarding the seizure of land from owners on the one hand and from users on the other. In the LC established rules for the alienation of allotments from tenants. It should be noted that the latter are not provided for in the Civil Code. The owners of the plots at their seizure have the opportunity to receive a refund and compensation for losses incurred. Users and tenants can only rely on the latter. This rule seems to be quite reasonable. In the case of tenants and users, the owner of the land does not change. At the same time, the allotment was transferred to these entities free of charge. This provision affects the rules for calculating losses. For example, the valuation of structures located on seized land is carried out at the estimated cost of the construction of new facilities, equal to those available in capacity, degree of mechanization, etc. Calculations for fruit and berry plantations (fruit-bearing), protective and other perennial plants are carried out in accordance with the cost of seedlings and the costs of planting and growing before the fruit ripens or closes the crowns. Estimation of construction in progress is carried out according to the actual volume of work and costs in the prices established at the time of withdrawal. A similar rule applies to non-bearing plants. Compensation for lost 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, coordination of losses with interested parties is provided. Moreover, they must be formalized in an act registered with the local administration.
Not using the allotment
A land plot intended for agricultural activity or construction, but not operated for its intended purpose for three years, may be withdrawn if the legislation does not provide for a longer period. The specified period does not include the time required for 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. In order for the seizure to be lawful, facts indicating that the site has not been operated should be documented. When providing territories for agricultural production, it is supposed to start production immediately after the completion of the period required for development. Its duration should be indicated in the documentation for the allotment. When transferring a site for the construction of real estate, the start of operation may be considered the direct implementation of the approved project. In Art. 39 of the LC, the three-year period specified above is duplicated, and the obligation of entities with sections under the right of perpetual use and inheritable (lifetime) ownership is envisaged in the destruction of the structure to proceed with its restoration within three years. Similar rules apply to tenants and individuals operating allotments under fixed-term contracts.
Violation of the requirements of the law
If the owner does not comply with the requirements of rational land use, the plot may be withdrawn. Violations of the requirements of the law, in particular, include the exploitation of the allotment not in accordance with the intended purpose, activities that cause a significant decrease in soil fertility or environmental degradation on the ground. Land use 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 of the LC, entities are required to use allotments according to their intended purpose, as well as belonging to a particular category. At the same time, only such methods of exploiting the territory that do not cause damage to the environment are allowed. Federal Law No. 101 regulates measures to ensure the fertility of agricultural territories. In accordance with the normative act, for the production of agricultural products, methods must be used that exclude or reduce the negative impact on the environment.
Environmental activities
In Art. 13 of the LC provides for the obligations of entities engaged in the use of land. In particular, individuals must take measures to:
- Preservation of soil and its fertility.
- Protect the land from wind and water erosion, flooding, mudflows, secondary salinization, waterlogging, compaction, desiccation, contamination with chemical and radioactive compounds, littering with waste and other negative factors causing its degradation.
- Protection of agricultural territories from infection by plant pests, overgrowing with weeds, light forests and other deterioration.
- The elimination of the effects of pollution, including biogenic, as well as land clutter.
- Ensuring the maintenance of an adequate level of land reclamation.
- Reclamation, restoration of fertility, timely involvement of allotments in circulation.
Responsibility of subjects
The use of land for other purposes, causing harm to it act as offenses. They entail the application of measures of responsibility to the guilty. One of them is forced withdrawal. It is carried out exclusively by order of the court. The corresponding application is sent by the state authority of the region, the local government (in cases established by law) according to the rules defined in the LC. Normative acts stipulate the obligation of these institutions to notify the subject of violations that they committed. Advance notice rules are defined in the LC.
Conclusion
The owner may not agree with the decision to withdraw his plot or with the proposed value. In this case, the authorized authority has the right to file a claim with the court. An application for redemption of a site may be presented within two years from the date of sending the corresponding notice to the owner (of prior approval). It is worth saying that in the legislation there are a lot of contradictions and ambiguities. In order to avoid problems and to prevent unlawful actions on the part of regional and local authorities in case of situations related to alienation of allotments, experts recommend using the help of qualified lawyers.