Limitation of Land Rights
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- General Provisions
- Limitation of Land Rights
- Restrictions on land rights related to reserving land for state or municipal purposes
General Provisions
Limitation of Land Rights
According to Article 56 of the Land Code of the Russian Federation, rights to land may be limited on grounds established by the Land Code of the Russian Federation and federal laws.
The following limitations of land rights may be established:
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special conditions for the use of land plots and regime of economic activity in protected areas and sanitary protection zones;
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special conditions for environmental protection, including the animal and plant world, natural monuments, historical and cultural sites, archaeological objects, preservation of the fertile soil layer [soil](/enc/15996/ "Definition of the term 'Soil' in the legal encyclopedia), natural habitats, migration routes of wild animals;
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conditions for the commencement and completion of construction or land development within established timeframes in accordance with an agreed-upon project, construction, repair, or maintenance of a road (section of a road) in cases where rights to a land plot are granted, which is owned by the state or municipal property;
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other restrictions on the use of land plots in cases established by the Land Code of the Russian Federation and federal laws.
Limitations on land rights are established by acts of executive bodies of state authority, acts of local self-government bodies, court decisions court or in accordance with the procedure provided for protected zones by the Land Code of the Russian Federation.
Limitations on land rights are established indefinitely or for a specified period.
Limitations on land rights remain in force upon transfer of ownership of the land plot to another person.
Restrictions on land rights are subject to state registration in cases and according to procedures established by federal laws.
A restriction of land rights may be challenged in court by a person whose rights are restricted.
Restrictions on land rights related to reserving land for state or municipal purposes
According to Article 56.1 of the Land Code of the Russian Federation, the rights of landowners, land users, land possessors, and lessees of land plots to use land plots provided for by subpoints 2 and 3 of paragraph 1 of Article 40 of the Land Code of the Russian Federation may be restricted due to the reservation of land for state or municipal needs.
Limitations of ownership rights and other real property rights on land plots in connection with the reservation of land for state or municipal needs are established by the Land Code of the Russian Federation and other federal laws.