Art. 51 of the RF LC. "Requisition of land". Market value of the land. Withdrawal of land

. Acting earlier ZK (1991) did not fix the rules and consequences of requisition of land plots . The very concept of requsitio has Latin roots and in translation means "demand." государством с компенсацией владельцу убытков, причиненных использованием надела. The procedure involves the withdrawal of land by the state with compensation to the owner of losses caused by the use of the allotment. Let's consider it in more detail.

General information

The requisition of the allotment is one of the coercive measures fixed by law. говорится в первую очередь в ЗК. The land plots are spoken first of all in the ZK. However, since the procedure of seizure is considered by rule-makers as a category of civil law, the relations connected with it are regulated by Article 242 of the Civil Code. In accordance with its provisions, upon the occurrence of accidents, natural disasters, epizootics, epidemics, as well as in other circumstances of an emergency nature, upon the decision of state bodies, the property may be seized from the legal owner on terms and in accordance with the rules established by regulatory enactments. In this case, the owner of the object must be paid compensation. The procedure and conditions of the procedure are defined in Art. . 51 of the RF LC .

Rules of the Code

As you know, in land law, ownership of land is the most extensive type of rights. It can be limited only in exceptional cases. In particular, they are: accidents, natural disasters, epizootics, epidemics, other circumstances of an emergency nature. направлена на защиту жизненно важных гражданских, общественных или государственных интересов. The requisition of a land plot is aimed at protecting vital civil, public or state interests. This measure is temporary. осуществляется на конкретный период. That is, the withdrawal of land is carried out for a specific period. An obligatory condition for the realization of the right of the state is compensation to the owner of losses caused by the use of property. In addition, the owner is issued a document of requisition.

Return Features

– передача надела государству с последующим возвратом его владельцу. The requisition of the land plot - transfer of the allotment to the state with the subsequent return to its owner. If you can not return the object, the owner of the property is compensated for its price. . The market value of the land plot is recovered . It is established in accordance with the provisions of Article 66 of Article 3Q. At the request of the owner, an equivalent share can be given to him instead of a monetary compensation. The subject, from whom the site was withdrawn, after the termination of the circumstances that caused the application of this measure, has the right to demand the return of the allotment in a judicial procedure.

Additional provisions

In the event of circumstances stipulated by Article 51 of the LC in paragraph 1, if there is no need to withdraw the allotment, the site may be temporarily occupied for the purposes established by the first paragraph (ensuring the protection of civil, state, public interests). In this case, the owner is compensated for the losses that he incurred as a result of the application of this measure. , может быть оспорена в суде. The valuation, based on which the owner of the property is compensated for the price of the allotment, as well as the losses associated with the termination and restriction of land rights , can be challenged in court.

An Important Moment

The procedure should be distinguished from the confiscation of the site. This measure is fixed 50th article of the Law. – безвозмездное принудительное изъятие надела у владельца по решению суда. In accordance with the norm, confiscation of a land plot is a free compulsory withdrawal of an allotment from the owner by a court decision. Such a measure is applied as a sanction for the crime committed. носит возмездный и обычно временный характер. The requisition of the land plot is paid and usually temporary. This measure is not applied as a sanction, but because it is necessary, arising from extraordinary circumstances fixed by norms.

Specificity of compensation

In the first paragraph of Article 51 of the Code, it is stated that the owner of the allotment is compensated not by its price, but by losses incurred by the subject as a result of the application of the measure. In Art. 15 GK (paragraph 2) discloses the concept of damages. They are real damage and loss of profit. The first includes the loss, damage to property. Loss of profits is the income that a person would receive if the requisition were not carried out. Thus, taking into account the provisions of Clause 6 of Article 51 of the LC, it is possible to conclude the following. The subject whose area was requisitioned, if there are appropriate grounds, can count on reimbursement of the price of the allotment (in case of impossibility of its return), as well as losses that it incurred in connection with the application of the compulsory measure.

Confirmation of fact

When using compulsory measures, a special paper is issued to the owner. . It must be attached to the documents for the land . This paper is of great importance to the owner of the allotment. Only if it is available, he subsequently can make demands for the return of property or payment of compensation to him. , свидетельствующий о применении принудительной меры, выдается органом, принявшим решение о временном изъятии объекта. The document for the land plot , which shows the application of the compulsory measure, is issued by the body that made the decision on temporary withdrawal of the object.

Characteristics of the circumstances

In the first paragraph, several situations are established that are of an extraordinary nature, in the event of which the requisition of the site is made to protect vital social, state and civil interests. Accident is considered a failure, damage to the device, mechanism, machinery and other equipment while driving or working. An epidemic is the mass spread of human infectious diseases in a certain locality or country, if their level significantly exceeds the usually recorded indicators for the same period. Epizooticism is the mass spread of animal diseases.

Other extraordinary circumstances

Their concept is not disclosed in legislation. Due to the fact that emergency situations of natural and man-made nature are included in the list of such circumstances, it seems that the incident occurred in a particular territory under the influence of such extraordinary factors. In other words, we mean the situation in a certain locality, which resulted from a natural disaster, an accident, a catastrophe that caused or could cause damage to people's health, their deaths, damage to nature, substantial material losses, disruptions to the living conditions and activities of the population. However, other circumstances, the occurrence of which may lead to the adoption of a decision on the requisition of the site, may also be those that are the result of a terrorist act. These include the introduction of a state of emergency, which presupposes the existence of an immediate threat to the health and life of the population, the constitutional order of the country. Elimination of such circumstances is impossible without the use of emergency measures.

The differentiation of concepts

In the second paragraph of Article 51 of the CC there is a delineation of the seizure of sites caused by extraordinary circumstances and related to the need to satisfy state or municipal needs. As the 55th article of the Code indicates, the latter is permissible, including through the redemption of allotments, on the grounds set forth in Art. 49. The exceptional situations under which an exemption may be made for municipal or state purposes can not be regarded as extraordinary circumstances.

Rights of the allotment holder

The third paragraph of Article 51 of the Code stipulates that the owner of the object can choose the way of compensation for the price of the property in the event that it can not be returned in kind. или предоставлении равноценного надела. The subject has the right, at his own discretion, to submit a claim for compensation to him of the market value of the land plot or the provision of an equivalent allotment. Equivalence is assumed in terms of price, availability of communications and access roads, location, etc. When calculating compensation, the market value of the allotment that existed before the occurrence of emergency circumstances in connection with which the temporary withdrawal was made is used. At the same time, as mentioned above, the owner of the object can claim compensation for losses incurred by him in connection with the application of this measure.

Appeal to the court

Paragraph 4 of Article 51 of the LC contains the right of the owner of the facility to apply for a return of the site, if it was not returned after the termination of the circumstances that served as the basis for the temporary withdrawal. The jurisdiction of the dispute is determined in accordance with the rules of Chapter 3 of the Civil Code, and Ch. 4 agro-industrial complex. As the legal grounds for filing a claim, Article 301 of the Civil Code, regulating the peculiarities of reclaiming property from illegal use of others, and, in fact, Article 51 of the Civil Code, can act.

Restriction of rights

In the rules of the fifth paragraph of Article 51, Article 51, the application of the provisions of clauses 1, 3 and 4 is excluded, if, due to emergencies acting as the basis for requisition, the allotment belonging to the subject was temporarily (for the duration of the circumstances) employed to provide protection Vital civil, state and public interests from the emerging threats. For example, this is possible, if the site is located in the area of the antiterrorist operation in accordance with Art. 13 FZ No. 35. It seems that the legal consequences of restrictions should be defined in the context of Article 56 of the LC. However, in view of the direct indication of paragraph 5 of the 51st rate, the holder of an allotment may demand compensation from the court for losses incurred in connection with the restriction of his right. Other consequences can be fixed by other regulatory acts (for example, the above mentioned Federal Law No. 35).

Challenging Evaluation

The possibility of appeal is fixed in clause 6 of Article 51 of the LC. Provisions allow the entity to require a review of the valuation, based on which the calculation of the compensation of the price of the allotment and the losses incurred is made. One point needs to be clarified. It is not only about reimbursement of losses caused directly by the requisition, but also about losses caused by restriction of the owner's right, the code of his property was used to ensure the protection of public, civil or state interest.

Return order

As was said above, the requisition procedure must be confirmed by an appropriate document. It is formalized by the executive structure of the authorities in accordance with the decision on temporary seizure of property. A document confirming the use of a coercive measure is necessary for:

1. Challenging the amount of compensation in court.
2. Request for a return of the allotment.

ZK provides for a situation where the return of a site can not be carried out for some reason or another. In this case, the owner must receive compensation for the price of the property or an equivalent lot. In addition, under the law, a citizen has the right to demand compensation for moral damage along with material damage. If the reasons for which the plot was requisitioned have disappeared, the property must be returned to the owner.

Difficulties in calculating the redemption payment

Judicial practice shows that a lot of controversy arises in determining the amount of compensation. A lot of factors are taken into account in the calculation. First of all, when determining the amount of payment, the type of permissible use of the allotment is taken into account. . It is established by the Classifier of land plots . Of great importance, of course, is the location. с развитой инфраструктурой будет иметь большую стоимость, чем надел в пригороде. For example, a land plot in a city with a developed infrastructure will have a higher cost than a plot in a suburb.

The owner must apply for the payment of the real price of the object. Depending on the type of permissible use established in accordance with the Land Classifier, the inventory and cadastral value of the allotment is determined. When determining the real price of the property, qualitative indicators are also taken into account. In particular, we are talking about the condition and fertility of the soil. In determining the final value of the payment, the owner and the authorized body enter into an agreement. It indicates, in fact, the amount of compensation, as well as a mark on the absence of claims of the parties to each other.

The seizure of the allotment for municipal and state obligations

The basis for the application of this measure is enshrined in Article 49 of the LC. The seizure of property for municipal and state needs is carried out in connection with:

1. Compliance with the terms of international agreements of the Russian Federation.
2. Construction / reconstruction of power facilities, nuclear energy, defense and state security, communications and transport of federal / regional importance, providing space activities, electricity, heat and gas supply, hot / cold water supply or water disposal, linear facilities ensuring the operation of natural monopolies, and Also motor roads of intermunicipal, local, regional and federal significance.

This list is considered open. Other grounds for withdrawing land plots for municipal or state purposes may be provided for by other federal laws.

Conclusion

As practice shows, the disputes about the return of requisitioned sites to owners are rare. The main difficulties arise in the calculation of compensation. However, it should be said that this issue is under special control of state and regional authorities. In any case, the subject who does not agree with the assessment, can apply to the court to protect their interests. It is advisable to use the help of a qualified lawyer. The fact is that in such disputes it is necessary to know the nuances of legislation and apply them correctly. Not every owner knows the provisions of normative acts so well.