Open AccessSOME PROBLEMS OF PROTECTION OF THE RIGHTS OF OWNERS WHOSE LAND PLOTS ARE SEIZED FOR STATE AND MUNICIPAL NEEDS
Author(s) -
G.L. Zemlyakova,
O.A. Samonchik
Publication year - 2019
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2019-29-4-487-494
Subject(s) - legislation , apartment , context (archaeology) , business , demolition , state (computer science) , government (linguistics) , real estate , estate , law , local government , environmental planning , political science , public administration , geography , archaeology , algorithm , computer science , linguistics , philosophy
The article deals with some problems of application of the legislation on seizure of land for public needs. Special attention is paid to the protection of the rights of owners whose plots and real estate located on them are seized. The authors raise the question of whether all cases of seizure established in the legislation can be attributed to the exclusive state or municipal needs in the context of article 49 of the Land code of the Russian Federation. In particular, it is concluded that the seizure of land in connection with the recognition of an apartment building located on it as an emergency and subject to demolition cannot be attributed to such grounds. The procedure of seizure of land for complex development of the territory at the initiative of local government violates the rights of owners of the withdrawn land plots and contradicts other standards of the land and also town-planning legislation.