Geology, geography and global energy

Scientific and Technical Journal

Seizure of land for state and municipal needs

2015. №2, pp. 62-70

Barmin Aleksandr N. - D.Sc. in Geography Professor Head of the department, Astrakhan State University, 1 Shaumyan sq., Astrakhan, 414000, Russian Federation, abarmin60@mail.ru

Kuzmin Aleksandr I. - Post-graduate student, Astrakhan State University, 1 Shaumyan sq., Astrakhan, 414000, Russian Federation, astr-zemleustroistvo@mail.ru

Iolin Mikhail M. - РЎ.Sc. in Geography Associate Professor Head of the department, Astrakhan State University, 1 Shaumyan sq., Astrakhan, 414000, Russian Federation, miolin76@mail.ru

Valov Mikhail V. - Post-graduate student, Astrakhan State University, 1 Shaumyan sq., Astrakhan, 414000, Russian Federation, m.v.valov@mail.ru

The article highlights the current legal relations in the seizure of land for state and municipal needs. The attention to the essence of the institute of land and legal relations in the Soviet period. A comparative legal analysis of the Russian legislation regulating the relationship with the pre-revolutionary legislation and the legal regulation of this issue in other countries. Considering the institution of compulsory seizure of land for public purposes. Recorded content rules on seizure of land in the civil and land legislation. Emphasis is placed on the Russian legislation as a criterion for non-profit state or municipal needs. Briefly described the work of the first order on withdrawal of land for state and municipal needs. Amendments in the Civil Code and Land Code of the Russian Federation stipulates that the compensation for the land plots relies not only owners, but holders owning such lands on lease, gratuitous use, permanent (perpetual) use or lifetime (inheritable) possession (Art. 279 of the Civil Code the Russian Federation, art. 56.8 of the LC RF). When removing the land from the owner, other right holders in the amount of compensation, in addition to their market value (market value of other land rights) are also included damages, including in connection with the inability to perform the copyright obligations to third parties (for example, under a lease agreement ), as well as lost profits. When determining the value of the land will focus his mind permitted use. If the definition of the market value of the land taken from the owner at a more or less clearly, to determine the market value of other land rights in the LC RF are now introduced a special account.

Key words: изъятие земельных участков, государственные и муниципальные нужды, земельные отношения, земельные участки, seizure of land, state and municipal needs, land tenure, land

Read