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The expropriation of land plots for state or municipal needs is carried out based on decisions:
1) authorized federal executive bodies - in the case of expropriating land plots for the needs of the Russian Federation (federal needs), including for the placement of objects of federal importance. Authorized federal executive bodies also take decisions on the expropriation of land plots in connection with the conduct of mineral resource use (excluding land plots necessary for carrying out works related to the use of local value mineral deposits);
2) authorized executive bodies of the state authority of a subject of the Russian Federation - in the case of expropriation of land plots for the needs of the subject of the Russian Federation (regional needs), including for the placement of objects of regional significance. Executive bodies of the state authority of a subject of the Russian Federation also make decisions on the expropriation of land plots necessary for carrying out works related to the use of local subsoil plots;
3) local self-government bodies - in the case of expropriation of land plots for municipal needs, including for the placement of objects of local significance.
According to Article 56.3 of the Land Code of the Russian Federation, the expropriation of land plots for state or municipal needs in order to construct or reconstruct federal, regional, or local significance objects is permissible if such objects are provided for in approved territorial planning documents and approved land development projects.
The decision to expropriate land plots for state or municipal needs for purposes not provided for in paragraph 1 of this article must be justified:
1) by a decision on the creation or expansion of a specially protected natural area (in the case of expropriation of land plots for the creation or expansion of a specially protected natural area);
2) by an international treaty of the Russian Federation (in the case of expropriation of land plots to fulfill an international treaty);
3) a license for the use of subsoil (in the case of expropriation of land plots for carrying out works related to the use of subsoil, including those carried out at the expense of the subsoil user);
4) a decision recognizing a multi-apartment building as dilapidated and subject to demolition or reconstruction (in the case of expropriation of a land plot in connection with the recognition of a multi-apartment building located on such a land plot as dilapidated and subject to demolition or reconstruction).
A decision to expropriate land plots for state or municipal needs for the construction, reconstruction of federal, regional, or local significance objects may be adopted no later than three years from the date of approval of the territory planning project providing for the placement of such objects.
The expropriation of land plots for state or municipal needs is carried out in accordance with the decisions of authorized executive authority bodies or local self-government bodies provided for in Article 56.2 of this Code, which are adopted either at their own initiative or upon submission of a petition for the expropriation of land plots for state or municipal needs by the organization specified in paragraph 1 of Article 56.4 of this Code.
The expropriation of land plots for state or municipal needs resulting in the termination of the right to perpetual (indefinite) use, the right of lifelong inheritable ownership, a lease agreement for a land plot owned by the state or municipality, or the right of gratuitous use of such a land plot may be carried out regardless of the form of ownership of such a land plot.
The seizure of land plots located within the territory of one subject of the Russian Federation for the state needs of another subject of the Russian Federation is allowed in cases where such seizure is carried out for the placement of regional significance objects of that subject of the Russian Federation, provided for by territorial planning documents of the subject of the Russian Federation on whose territory these land plots are located.
If the construction or reconstruction of federal-level, regional-level, or local-level objects, for which land plots are seized for state or municipal needs, is intended to be carried out fully or partially at the expense of organizations listed in paragraph 1 of article 56.4 of this Code, the seizure of such land plots is conducted upon the application of these organizations.
It is prohibited to expropriate land plots provided to federal state budgetary institutions managing specially protected natural territories of federal significance for state or municipal needs, except in cases provided by federal laws.
In accordance with Article 56.4 of the Land Code of the Russian Federation, a decision on the expropriation of land plots for state or municipal needs may be made based on motions for the expropriation of land plots for state or municipal needs (hereinafter also referred to as the motion for expropriation), which organizations may submit to authorized executive bodies or local self-government bodies provided for in Article 56.2 of this Code:
1) being subjects of natural monopolies, in the case of expropriation of land plots for placement of federal or regional significance objects listed in article 49 of this Code and ensuring the activities of these subjects;
2) authorized in accordance with normative legal acts of the Russian Federation, subjects of the Russian Federation, concluded with state authorities or local self-government bodies by contracts or agreements, or having permits (licenses) to carry out activities, for the provision of which, according to article 49 of this Code, expropriation of a land plot is carried out for state or municipal needs;
3) being mineral users, in the case of expropriation of land plots for carrying out works related to the use of minerals, including those carried out at the expense of mineral users.
The list of organizations entitled to submit applications for the expropriation of land plots for federal needs in accordance with paragraph 1 of article 56.4 of the Land Code of the Russian Federation is established by the Government of the Russian Federation.
An application for expropriation may be submitted by a state authority in cases of expropriation of a land plot in accordance with sub-paragraph 1 of article 49 of this Code, as well as in cases of expropriation of a land plot for the construction or reconstruction of an object of federal importance or an object of regional importance, the construction or reconstruction of which is planned entirely or partially at the expense of budget funds of the Russian Federation budget system, a state unitary enterprise, or a state institution in cases of expropriation of a land plot for the placement of an object of federal importance or an object of regional importance provided for by the targeted investment program.
In the application for expropriation, the purpose of expropriating the land plot for state or municipal needs must be specified.
The application for expropriation may be submitted with regard to one or several land plots.
In the case where an application for expropriation is submitted concerning land plots that are to be formed, and there is no approved land survey project providing for the formation of such land plots, a layout scheme of the land plot must be attached to this application, unless otherwise provided in Article 11.3 of this Code.
The requirements for the form and content of a petition for seizure, as well as the composition of documents attached to it, are established by the federal executive body authorized by the Government of the Russian Federation. The petition for seizure and the documents attached to it may be submitted or sent by the applicant at his discretion personally or via postal mail on paper medium or in the form of electronic documents using the information and telecommunication network "Internet" to the executive body of state authority or local self-government body provided for in Article 56.2 of this Code. The procedure and methods of submitting the petition for seizure and documents, if they are submitted in the form of electronic documents using the information and telecommunication network "Internet", and requirements for their format are approved by the federal executive body authorized by the Government of the Russian Federation.
The authorized executive authority or local self-government body provided for in Article 56.2 of this Code shall return the application for expropriation without consideration within a period not exceeding five working days from the date of receipt of the application, specifying the reason for the decision taken, if any of the following circumstances are present:
1) the relevant authorized executive authority or local self-government body is not entitled to make a decision on the expropriation of the land plot for the purposes specified in the application for expropriation;
2) the applicant is not a person provided for in paragraphs 1 - 3 of Article 56.4 of the Land Code of the Russian Federation;
3) the layout scheme of the land plot has not been submitted, or an approved cadastral survey project providing for the formation of such a land plot is absent;
4) the application for expropriation does not comply with the requirements established in accordance with paragraph 7 of this article in terms of content or form.
The authorized executive authority or local self-government body provided for in Article 56.2 of this Code shall perform one of the following actions within a period not exceeding thirty days from the date of receipt of an application for expropriation:
1) submit a request to the body responsible for state registration of rights to real estate and transactions therewith, in order to identify persons whose land plots are subject to expropriation or from which land plots subject to expropriation for state or municipal needs (hereinafter also referred to as land plots subject to expropriation) shall be formed, and who own real estate objects located on such land plots;
2) adopt a decision to refuse to satisfy the application for expropriation if there are grounds provided for in paragraph 11 of this article, and send the adopted decision to the organization that submitted this application, specifying the reason for the decision taken.
The authorized executive authority or local self-government body provided for in Article 56.2 of this Code shall make a decision to refuse consideration of the application for expropriation in the following cases:
1) the conditions for expropriation of land plots for state or municipal needs, provided for in Article 56.3 of this Code, are not met;
2) the application for expropriation provides for the expropriation of a land plot on grounds not provided for by federal laws;
3) the layout plan of the land plot attached to the application for expropriation cannot be approved on the grounds specified in subpoints 1, 3 - 5 of paragraph 16 of Article 11.10 of this Code;
4) in other cases established by law of a subject of the Russian Federation, if an application for expropriation of land plots for regional or municipal needs has been submitted.
According to Article 56.5 of the Land Code of the Russian Federation, in the event that the Unified State Register of Real Estate and Transactions Therein does not contain information on registered rights to land plots subject to expropriation for state or municipal needs, as well as on registered rights to real estate objects located on such land plots, the authorized executive authority or local self-government body provided for in Article 56.2 of this Code must, no later than sixty days prior to making a decision on the expropriation of land plots for state or municipal needs:
1) to request information regarding existing rights to land plots subject to expropriation for state or municipal needs, and to real estate objects located on such land plots, from archives, state authorities, local self-government bodies in whose possession such information may be, as well as from the presumed owners of the land plots to be expropriated or other real estate objects;
2) to ensure the publication, in accordance with the procedure established for official publication (dissemination) of municipal legal acts by the charter of the settlement, city district (municipal district, if such land plots are located on inter-settlement territory), at the location of the land plots subject to expropriation, of a notice regarding the planned expropriation of land plots for state or municipal needs;
3) ensure the publication on the official website of the authorized executive authority or local self-government body provided for in Article 56.2 of the Land Code of the Russian Federation, and on the official website of the municipal formation referred to in paragraph 2 of this item, in the information and telecommunication network "Internet", a notice regarding the planned expropriation of land plots for state or municipal needs;
4) ensure the publication of a notice regarding the planned expropriation of land plots, which must contain the information provided for in subitems 1, 4, 6, and 7 of paragraph 5 of Article 56.5 of the Land Code of the Russian Federation, on an informational board within the boundaries of the populated area where the land plots subject to expropriation are located; if such land plots are located outside the boundaries of the populated area, then on an informational board within the boundaries of the corresponding municipal formation.
2. In the event that the identification of persons whose land plots and (or) real estate objects located thereon are subject to expropriation is carried out on the basis of an application for expropriation, the authorized executive authority or local self-government body provided for in Article 56.2 of this Code shall carry out the actions specified in paragraph 1 of this article within a period not exceeding ten days from the date of receiving information from the Unified State Register of Real Estate Rights and Transactions on the absence of registered rights to land plots subject to expropriation, and on registered rights to real estate objects located on such land plots. In this case, publication of a notice regarding the planned expropriation of land plots for state or municipal needs in accordance with subpoint 2 of paragraph 1 of this article, as well as placement of information on informational boards in accordance with subpoint 4 of paragraph 1 of this article, shall be carried out at the expense of the organization that submitted the application for expropriation.
3. The authorized executive authority or local self-government body provided for in Article 56.2 of this Code may entrust the performance of actions to identify persons whose land plots and (or) real estate objects located on them are subject to expropriation, to subordinate state or municipal institutions.
4. State authorities, local self-government bodies, state institutions, municipal institutions, state unitary enterprises, municipal unitary enterprises, physical and legal entities that have received the request specified in subitem 1 of paragraph 1 of this article are obliged to submit within five days from the date of receipt thereof to the authorized executive authority or local self-government body provided for in Article 56.2 of this Code information on rights to land plots subject to expropriation and to real estate objects located on such land plots, as well as copies of documents confirming these rights.
5. In the notice of planned expropriation of land plots for state or municipal needs, which is subject to publication in accordance with the procedure established for official publication (announcement) of municipal legal acts as provided by the charter of the settlement, city district (municipal district in cases where such land plots are located on inter-settlement territory), at the location of the land plots subject to expropriation, the following must be specified:
1) the purposes of expropriating land plots for state or municipal needs;
2) a list of cadastral numbers of land plots subject to expropriation and their addresses or description of their location; a list and addresses of real estate objects located on such land plots (if cadastral information about them is available);
3) the boundaries of the area where the objects are planned to be located, for the purposes of construction or reconstruction, which will require expropriation of land plots and (or) real estate objects located on such land plots;
4) the address where interested parties may obtain information about the proposed expropriation of land plots and real estate objects located thereon for state or municipal needs, and submit applications for registration of rights to land plots and other real estate objects, as well as the deadline for submitting such applications;
5) the address and time for receiving citizens and representatives of legal entities to familiarize themselves with the project of land surveying or the layout scheme of the land plot, according to which the land plot subject to expropriation is to be formed. In this regard, the period for familiarization with these documents cannot be less than sixty days from the date of publication of the notice;
6) official websites in the information and telecommunication network "Internet", where the notice about the planned expropriation of land plots for state or municipal needs is published;
7) the name of the authorized executive authority or local self-government body responsible for identifying individuals whose land plots are subject to expropriation for state or municipal needs.
6. In the notice of planned expropriation of land plots for state or municipal needs, which is to be published on the official website of the authorized executive authority or local self-government body provided for in Article 56.2 of this Code, and on the official website of the municipal formation provided for in subitem 3 of paragraph 1 of this article in the information and telecommunications network "Internet", the information specified in paragraph 5 of this article is indicated, as well as:
1) details of the decisions approving documents on territorial planning and land development projects, providing for the placement of federal-level, regional-level or local-level objects, for which land plots are planned to be expropriated for construction or reconstruction (in cases where the expropriation of land plots is carried out for the construction or reconstruction of objects provided for in such documents);
2) details of the decision approving a land survey project providing for the formation of land plots subject to expropriation, in cases where the formation of such land plots is carried out in accordance with the land survey project;
3) details of the decision on the establishment or modification of boundaries of specially protected natural territories in cases of expropriation of land plots for these purposes;
4) official website where approved territorial planning documents and land development plans, providing for the placement of federal-level, regional-level or local-level objects, for which land plots are planned to be expropriated for construction or reconstruction, are published (in cases when land plots are expropriated for construction or reconstruction of objects provided for in such documents).
7. An mandatory attachment to the notice of planned expropriation of land plots for state or municipal needs, published on official websites in accordance with paragraph 3 of this article, is an approved land surveying project or an approved scheme of land plot location, providing for the formation of land plots to be expropriated, in cases when such land plots are intended to be formed.
8. Owners, landowners, land users, lessees of land plots subject to expropriation, owners of real estate objects located on such land plots, persons to whom such real estate objects belong under other rights (hereinafter also referred to as right holders of expropriated real estate), and persons whose rights to land plots and/or real estate objects located thereon are not registered in the Unified State Register of Real Estate and Transactions Therein, within sixty days from the date of publication of the message provided for in subitem 2 of paragraph 1 of this article, submit statements to the authorized executive body or local self-government body provided for in Article 56.2 of this Code, requesting registration of their rights (encumbrances) to land plots and/or real estate objects (hereinafter also referred to as statements on registration of rights to real estate), together with copies of documents confirming these rights (encumbrances). In such statements, the means of contact with the applicants is specified, including their postal address.
9. In the event that persons submitting applications for registration of rights to land plots and (or) other real estate objects have not submitted documents establishing or confirming their rights to such land plots and (or) real estate objects, or the documents they have submitted are not documents establishing or confirming their rights to such land plots and (or) real estate objects in accordance with the legislation of the Russian Federation, the executive body of state authority or local self-government body provided for in Article 56.2 of this Code shall send these persons notifications regarding this no later than ten days from the date of receipt of the aforementioned applications.
10. In the event that, in accordance with the procedure established by this article, the owners of the real estate to be expropriated are not identified, the authorized executive authority or local self-government body provided for in Article 56.2 of this Code shall file a claim with the court requesting recognition of ownership by the Russian Federation, a subject of the Russian Federation, or a municipal formation over real property located on land plots intended for expropriation for state or municipal purposes, regardless of whether such real estate objects have been registered as ownerless property. Recognition of ownership by the Russian Federation, a subject of the Russian Federation, or a municipal formation over such real estate does not constitute an obstacle to the submission of claims provided for in paragraph 11 of this article.
11. Right holders of the real estate subject to expropriation, whose rights to land plots and (or) real estate objects have not been identified in accordance with the procedure established by this article, have the right to claim compensation from the person to whom such land plots have been allocated (excluding persons who have been granted land plots on the basis of gratuitous use), or, in the absence of such a person, have the right to claim compensation at the expense respectively of the federal budget, the budget of a subject of the Russian Federation, or the budget of a municipal formation. The return of land plots and (or) real estate objects located thereon to previous right holders is not carried out.
According to Article 56.6 of the Land Code of the Russian Federation, a decision on the compulsory acquisition of land plots for state or municipal needs (hereinafter also referred to as a decision on acquisition) may be adopted with respect to one or several land plots, including a land plot or land plots subject to formation.
A decision on acquisition is adopted in relation to all real estate objects located on the land plots subject to acquisition, except for structures (including structures whose construction has not been completed), the placement of which on the land plots being acquired for state or municipal needs does not contradict the purpose of the acquisition.
A decision on acquisition may be adopted with respect to all or some of the land plots located within the boundaries of the planned location zone of a federal, regional, or local significance object, for the construction or reconstruction of which such acquisition is carried out.
In the decision on expropriation, the land plots to be expropriated, including those subject to formation, and immovable property objects located on such land plots must be specified, as well as the purpose of expropriating the land plots and the details of the documents in accordance with which the expropriation is carried out. If the decision on expropriation is adopted based on a petition submitted by the person referred to in Article 56.4 of this Code, that person must be indicated in the decision on expropriation. The decision on expropriation also specifies the structures whose expropriation is not carried out in accordance with civil legislation, as well as servitudes established in relation to the expropriated land plots and which are preserved.
To the decision on expropriation, a land plot layout scheme is attached, if the land plots to be expropriated are intended to be formed and an approved cadastral survey project of the territory, within the boundaries of which the formation of such land plots is provided for, does not exist. In this case, the expropriation decision must include a reference to the approval of the land plot layout scheme.
The local self-government body or executive authority that has adopted the expropriation decision, including as a result of identifying the owners of the expropriated real estate and/or negotiations with them regarding the expropriation of land plots, in coordination with the person who submitted an application for the expropriation of land plots (if such a person exists), is entitled to approve another variant of the land plot layout scheme.
The expropriation decision cannot be adopted in the case if:
1) the land plots are heirless property and there are no real estate objects on such land plots that are private property or used by third parties;
2) land plots are owned by the state or municipal authorities, are not encumbered by third parties' rights, and there are no real estate objects on such land plots that belong to private ownership or are used by third parties;
3) land plots are owned by the state or municipal authorities, are not encumbered by third parties' rights, and real estate objects located on such land plots are abandoned or ownerless property.
The absence in the Unified State Register of Real Estate and Transactions with It of information on registered rights to land plots subject to expropriation, and (or) to real estate objects located thereon, as well as the absence in the state cadastre of real estate of cadastral data regarding the coordinates of characteristic points of boundaries of such land plots or information about the aforementioned real estate objects, or the intersection of one of the boundaries of a land plot subject to expropriation and one of the boundaries of another land plot according to cadastral data on the latter, the existence of disputes over rights to such land plots and (or) to real estate objects located thereon do not constitute an obstacle for adopting a decision on expropriation.
The transfer of rights to land plots subject to expropriation and (or) to real estate objects located thereon, as well as the formation of new land plots or real estate objects from such land plots or other real estate objects does not entail the necessity of adopting a new decision on the expropriation of land plots or making changes to a previously adopted decision on the expropriation.
Within ten days from the date of adoption of the expropriation decision, the authorized executive body or local self-government body that adopted such decision:
1) publish the expropriation decision on their official website in the information and telecommunications network "Internet";
2) ensure the publication of the decision on expropriation (excluding its appendices) in accordance with the procedure established for the official publication (dissemination) of municipal normative acts by the charter of the settlement, city district (municipal district, if the land plots subject to expropriation are located on inter-settlement territory) at the location of the land plots subject to expropriation;
3) send a copy of the decision on seizure to the owners of the seized real estate by letter with a notice of delivery to the postal addresses specified in the statements for registration of rights to real estate, or, in the absence of such addresses, to the postal addresses specified in the Unified State Register of Real Estate and Transactions Therein, and, in the absence of such addresses, to the postal addresses of the owners of the seized real estate specified in the state cadastre of real estate. If, as a result of the seizure of land plots, buildings, structures, or premises located thereon are subject to seizure, a copy of the decision on seizure is also sent to the location of such buildings, structures, and premises. If the owner of the seized real estate has provided an email address for communication, a copy of the decision on seizure is also sent electronically. In the absence of information regarding the addresses specified in this paragraph, a copy of the decision on seizure is not sent to the aforementioned addresses;
4) forward a copy of the decision on expropriation to the body responsible for state registration of rights to real estate and transactions therewith;
5) forward the organization that submitted the petition for expropriation, upon which the expropriation of land plots for state or municipal needs is carried out (if such a petition exists), a copy of the decision on expropriation, information about persons who have submitted applications for registration of their rights to real estate, and ways to contact them, information about persons who are owners of the land plots and (or) real estate objects located thereon, obtained based on the inquiries provided under subitem 1 of item 1 of article 56.5 of this Code, as well as copies of documents confirming the rights of these persons to the expropriated land plots and (or) real estate objects located thereon.
The owner of the real estate subject to seizure is deemed to have been notified of the decision on seizure from the day they received a copy of the seizure decision, or from the day it was returned to the sender in accordance with Federal Law No. 176-FZ dated July 17, 1999 "On Postal Communication" (hereinafter referred to as the Federal Law "On Postal Communication"), provided that the registered letter specified in subitem 3 of item 10 of this article was sent.
In the event that the information on the postal address of the owner of the real estate subject to seizure and the sending of a copy of the seizure decision by electronic means to the email address of the owner is not provided as stipulated in subitem 3 of item 10 of this article, the owner of the real estate subject to seizure is deemed to have been notified on the day the aforementioned copy was sent.
In the event that the information on the postal address and the email address of the owner of the real estate subject to seizure is not provided as stipulated in subitem 3 of item 10 of this article, such owner is deemed to have been notified from the day the decision on seizure is published in accordance with subitem 2 of item 10 of Article 56.6 of the Federal Land Code of the Russian Federation.
After being notified by the owner of the real estate subject to expropriation, the owner is entitled to provide the authority that issued the expropriation decision with information regarding the postal address for sending the draft agreement on the expropriation of the land plot and (or) the real property located thereon for state or municipal needs.
The expropriation decision remains valid for three years from the date of its adoption.
The expropriation decision may be appealed to court.
According to Article 56.7 of the Land Code of the Russian Federation, in order to prepare an agreement on the compulsory acquisition of land plots and (or) real estate objects located thereon for state or municipal needs (hereinafter also referred to as an agreement on the compulsory acquisition of real estate), the authorized executive authority body or local self-government body that has adopted a decision on the compulsory acquisition, or in the case where the decision on the compulsory acquisition is adopted based on a petition for compulsory acquisition, the organization that submitted such a petition:
1) act as the client of cadastral works aimed at forming land plots subject to compulsory acquisition in accordance with the approved land survey project or the approved layout scheme of the land plot;
2) act as the client of cadastral works necessary for the refinement of the boundaries of land plots subject to compulsory acquisition, in the case where the boundaries of such land plots are to be refined;
3) act as the client for cadastral works aimed at creating land plots owned by the state or municipality for their provision in exchange for expropriated land plots;
4) submit, on behalf of the owner of the expropriated real estate without a power of attorney, an application for the cadastral registration of land plots subject to expropriation, land plots provided in exchange for expropriated land plots, or land plots whose boundaries require adjustment due to the expropriation, if it is necessary to carry out state cadastral registration of such land plots;
5) act as clients for works related to the valuation of expropriated land plots and (or) real estate objects located on them, or the valuation of rights being terminated and the amount of damages caused by such expropriation, as well as the valuation of real estate provided in exchange for expropriated real estate;
6) conduct negotiations with the owner of the expropriated real estate regarding the terms of its expropriation;
7) jointly with the authorized executive authority or local self-government body that adopted the decision on expropriation, prepare an agreement on the expropriation of real estate in cases where the decision on expropriation was made based on a petition for expropriation;
8) submit the draft agreement on the expropriation of real estate to the parties to such agreement for signing.
The consent of the owners of the expropriated real estate to perform the actions listed in paragraph 1 of this article is not required.
In preparing and concluding an agreement on the expropriation of real estate, it is not necessary to register real estate objects located on the land plots being expropriated, if information about them has not been entered into the state cadastre of real estate.
The existence of disputes over the boundaries of land plots subject to expropriation, disputes regarding the formation of land plots, and the absence of state registration of ownership rights to land plots subject to expropriation do not constitute an obstacle for preparing and subsequently concluding an agreement on the expropriation of real estate or for adopting court decisions on the compulsory expropriation of land plots for state or municipal needs. In the case of a land dispute regarding the boundaries of land plots subject to expropriation, such boundaries are determined in accordance with the procedure established by paragraph 9 of Article 38 of the Federal Law "On the State Cadastre of Real Estate".
Right holders of expropriated real estate must ensure access to land plots and (or) real estate objects located thereon for the purpose of carrying out cadastral works and determining the market value of such real estate.
In the event that the decision on expropriation is made at the initiative of an authorized executive authority or local self-government body provided for in Article 56.2 of this Code, the performance of the actions specified in subpoints 1 - 6 of paragraph 1 of Article 56.7 of the Land Code of the Russian Federation may be entrusted to a state or municipal institution subordinate to such bodies.
According to Article 56.8 of the Land Code of the Russian Federation, the amount of compensation for land plots expropriated for state or municipal needs (hereinafter also referred to as the compensation amount), the market value of land plots owned by the state or municipality and transferred into private ownership in exchange for expropriated land plots, and the market value of rights under which land plots owned by the state or municipality are provided in exchange for expropriated land plots, shall be determined in accordance with Federal Law No. 135-FZ dated July 29, 1998 "On Appraisal Activities in the Russian Federation", taking into account the peculiarities established by this article.
In determining the amount of compensation, the market value of land plots, the private ownership rights to which are to be terminated, or the market value of other rights on land plots subject to termination, losses caused by the expropriation of land plots, including losses arising from the impossibility of the owners of such land plots to fulfill their obligations to third parties, including those based on agreements concluded with such parties, and lost profits, which are determined in accordance with federal legislation, shall be included.
In the event that the expropriation of land plots for state or municipal needs is carried out simultaneously with the expropriation of real estate objects located on such land plots and belonging to the owners of these land plots, the compensation amount shall include the market value of these real estate objects, the right of private ownership of which is subject to termination, or the market value of other rights on these real estate objects subject to termination.
In determining the amount of compensation upon expropriation of land plots owned by the state or a municipality, the market value of the rights subject to termination on such land plots shall be established taking into account the following specific features:
1) in the case of termination of the right of perpetual (indefinite) use of a land plot granted to a legal entity, the market value of this right is determined as the market value of the right of lease of the land plot for the maximum term established by law, and in the absence of a maximum term established by law - for forty-nine years;
2) in the case of termination of the right of perpetual (indefinite) use or lifelong (hereditary) ownership of a land plot granted to a citizen or to an organization entitled to free allocation into ownership of the expropriated land plot, the market value of this right is determined as the market value of the land plot;
3) in the case of early termination of the lease agreement for a land plot or the agreement for gratuitous use of a land plot, the market value of this right is determined as the market value of the right of lease of the land plot until the expiration of the term of the aforementioned agreements.
In order to determine the amount of compensation for the land plot being expropriated, which is subject to formation, the market value of such a land plot in private ownership (the market value of other rights subject to termination on such a land plot) is determined as the difference between the market value of the original land plot (the market value of the rights being terminated on the original land plot) and the market value of the land plot remaining with the right holder (the market value of the rights being retained).
In order to determine the amount of compensation, the market value of a land plot whose private ownership is subject to termination, or the market value of other rights subject to termination on a land plot, is determined based on the permitted use of the land plot as of the day preceding the date of the decision to expropriate the land plot.
In the event that, prior to the specified date, the permitted use of the land plot has been changed for the construction or reconstruction of federal-level, regional-level, or local-level objects, for which expropriation is carried out, the market value of the land plot or the market value of the rights being terminated on the land plot shall be determined based on the permitted use established prior to this change.
The planned expropriation of the land plot and (or) real estate objects located thereon is not taken into account when determining the amount of compensation.
In the event that as a result of the expropriation of land plots and (or) real estate objects located thereon, the owners of the expropriated real estate incur losses due to their inability to fulfill obligations to third parties, including those based on concluded agreements with such parties, the owners of the expropriated real estate are obliged to submit documents confirming the occurrence of losses for the owners of the expropriated real estate in connection with the impossibility of fulfilling the aforementioned obligations, to the person carrying out the assessment of the expropriated land plots and (or) real estate objects located thereon or the assessment of terminated rights and the amount of losses caused by such expropriation.
The amount of compensation is determined no later than sixty days prior to the submission of the agreement on the expropriation of real estate to the owner of the land plot.
In determining the amount of compensation, the following shall not be taken into account:
1) real estate objects located on the land plot being expropriated, and inseparable improvements to these objects (including those made as a result of reconstruction), carried out in violation of their permitted use, as well as in violation of the terms of the lease agreement for a land plot owned by the state or municipality, or an agreement for gratuitous use of such a land plot;
2) inseparable improvements to the land plot and (or) immovable property located thereon made after notifying the owner of the property being expropriated about the decision to take the land plot for state or municipal needs, except for improvements made in order to ensure the safety of such immovable property during its use (operation), prevention of fires, accidents, natural disasters, and other extraordinary circumstances, or in order to eliminate their consequences, as well as a result of reconstruction based on a construction permit issued prior to the aforementioned notification;
3) immovable property for which construction was carried out after notifying the owner of the property being expropriated about the decision to take the land plot for state or municipal needs, except in cases where such construction was carried out based on a previously issued construction permit;
4) real estate objects for which a construction permit is not required and the construction of which has commenced after notifying the owner of the expropriated real estate of the decision to expropriate;
5) transactions concluded by the owner of the expropriated real estate after being notified of the decision to expropriate, if such transactions result in an increase in the amount of losses to be included in the compensation for the expropriated land plot.
The amount of compensation for a land plot and (or) real estate object located on it that belongs to several persons by right of joint ownership is determined proportionally to their shares in the right of joint ownership of such property.
The appraisal report prepared for the purpose of determining the amount of compensation, the market value of the land plot provided in exchange for the expropriated one, or the market value of the right on which the land plot is provided in exchange for the expropriated one, remains valid until the agreement on the expropriation of real estate for state or municipal needs is signed in accordance with Article 56.9 of this Code, or until the court's decision on the compulsory expropriation of the land plot and (or) real estate objects located thereon for state or municipal needs.
In accordance with Article 56.9 of the Land Code of the Russian Federation, the agreement on the expropriation of real estate for state or municipal needs includes:
1) the names of the parties to the agreement on the expropriation of real estate;
2) cadastral numbers of land plots and (or) real estate objects located on them that are subject to expropriation, or in the case of absence of cadastral numbers for buildings, structures, rooms within them, or unfinished construction objects, their conditional numbers assigned in accordance with the procedure established by the Federal Law "On State Registration of Rights to Real Estate and Transactions Therewith", and in the absence of conditional numbers, other description of these buildings, structures, rooms within them, or unfinished construction objects;
3) purpose of expropriation of land plots and (or) real estate objects located on them for state or municipal needs;
4) details of the decision on expropriation of land plots for state or municipal needs;
5) rights to land plots and (or) real estate objects located on them that are terminated and (or) arise based on the agreement on expropriation of real estate;
6) the term for transferring land plots and (or) real estate objects located on them that are subject to compulsory acquisition. The term of such transfer shall not exceed six months from the day when the rights of the previous owner of the acquired real estate cease;
7) the amount and procedure for compensating for the land plots and (or) real estate objects located on them that are subject to compulsory acquisition;
8) indication of structures (including structures whose construction has not been completed), the compulsory acquisition of which, in accordance with the decision on compulsory acquisition, is not carried out, as well as the right by virtue of which the owner of such a structure or a person who holds such a structure under other rights may use the land plot subject to compulsory acquisition;
9) indication of servitudes established in relation to the land plot subject to compulsory acquisition and that, in accordance with the decision on compulsory acquisition, are to be preserved.
The agreement on the expropriation of real estate is concluded with each owner of the land plot and (or) the real property located thereon. If the person with whom the agreement on the expropriation of real estate is concluded owns both the land plot and the real property located thereon, the agreement on the expropriation of real estate is concluded in relation to all real properties belonging to this person and subject to expropriation.
If the persons from whom land plots and (or) real property located thereon are being expropriated agree, the agreement on the expropriation of real estate may provide for the allocation to them of land plots and (or) other real property in exchange for the expropriated land plots and (or) real property located thereon in accordance with paragraphs 4 and 5 of article 56.9 of the Land Code of the Russian Federation.
In the case provided for in paragraph 3 of article 56.9 of the Land Code of the Russian Federation, the following are specified in the agreement on the expropriation of real estate:
1) cadastral numbers of land plots being transferred or provided in exchange for the expropriated land plots;
2) market value of land plots and (or) real estate objects located on them, being transferred or provided on the right of ownership in exchange for the expropriated land plots and (or) real estate objects located on them;
3) market value of other rights under which land plots are provided in exchange for the expropriated land plots;
4) term of transfer of real estate objects in exchange for the expropriated land plots and (or) real estate objects located on them;
5) the difference between the amount of compensation for the land plots and (or) real estate objects located thereon and the market value of the real estate objects transferred or provided in exchange; the procedure for paying such a difference to the person from whom the land plots and (or) real estate objects located thereon are expropriated. The amount of compensation is reduced by an amount equal to the market value of the land plots and (or) other real estate property transferred or provided into ownership in exchange for the expropriated land plots and (or) real estate objects located thereon, or the market value of other rights under which land plots and (or) other real estate property are provided in exchange for the expropriated real estate objects.
An agreement on the expropriation of real estate may stipulate an obligation for the organization that submitted the petition for expropriation, upon which the decision to expropriate was made, to transfer ownership to the person whose land plots and (or) real estate objects located thereon are being expropriated for state or municipal needs, other real estate objects in exchange for the expropriated land plots and (or) real estate objects located thereon. In this regard, the agreement on the expropriation of real estate specifies the cadastral numbers of the real estate objects to be transferred in exchange for the expropriated real estate objects, the market value of such objects, and the term of their transfer. The amount of compensation for the expropriated land plots and (or) real estate objects located thereon is reduced by an amount equal to the market value of the transferred real estate objects.
In the event that the land plots subject to expropriation are to be formed through the redistribution of lands or land plots owned by the state or municipality, and land plots belonging to a citizen or legal entity, the agreement on the expropriation of real estate must include conditions for such redistribution, including the amount of compensation and the procedure for its provision for the expropriated land plots and (or) real estate objects located thereon.
In this regard, the amount of compensation for the expropriated land plot includes the difference between the market value of the original land plot belonging to a citizen or legal entity, and the market value of the newly formed land plot, on which the right of ownership of the respective citizen or legal entity arises in accordance with the agreement on the expropriation of real estate, if as a result of such redistribution the market value of the newly formed land plot decreases.
To the agreement on the expropriation of real estate, which provides for the expropriation of land plots and (or) real estate located thereon by providing compensation to the owner or exchanging them for other real property, the rules of civil legislation governing sale or exchange apply.
According to Article 56.10 of the Land Code of the Russian Federation, the agreement on the expropriation of real estate is concluded in writing between the owner of the expropriated real estate and the authorized executive body or local self-government body provided for by Article 56.2 of this Code (excluding the case provided for in paragraph 12 of this article), and also by the organization that submitted the petition for expropriation, in the case when the expropriation of land plots is carried out on the basis of a petition for expropriation.
The draft agreement on the expropriation of real estate, signed by the authorized executive authority or local self-government body that made the decision to expropriate, as well as by the organization that submitted a petition for expropriation on which such a decision was based, is sent for signing to the person from whom land plots and (or) real estate objects located thereon are to be expropriated.
The draft agreement on the expropriation of real estate is sent by registered mail with a delivery notice to the address that:
1) is specified by the owner of the expropriated real estate in accordance with paragraph 12 of Article 56.6 of the Land Code of the Russian Federation, or if such an address is not available, to the address provided by such owner as the contact address during the identification of persons whose land plots and (or) real estate objects located thereon are subject to expropriation for state or municipal needs;
2) specified in the extract from the Unified State Register of Real Estate Rights and Transactions with Real Property or, in the absence thereof, specified in the state real estate cadastre (in the absence of information on postal addresses mentioned in subpoint 1 of this paragraph);
3) assigned to the immovable property subject to seizure (in the absence of information on addresses mentioned in subpoints 1 and 2 of this paragraph).
At the same time as the draft agreement on the seizure of real estate, sent to the owner of the seized real estate in accordance with paragraph 3 of this article, the following documents are also sent:
1) cadastral passports of land plots subject to seizure in accordance with the agreement on the seizure of real estate, as well as cadastral passports of buildings, structures, rooms within them, and unfinished construction objects located on such land plots (if information about such buildings, structures, rooms within them, and unfinished construction objects is entered into the state real estate cadastre);
2) report on the assessment of the market value of the land plots being expropriated and (or) real estate objects located thereon, or a report on the assessment of the market value of rights to land plots and (or) real estate objects located thereon, subject to termination in connection with the expropriation, as well as a report on the assessment of the losses caused by the expropriation of land plots and (or) real estate objects located thereon;
3) report on the assessment of land plots and (or) other real estate objects being provided in exchange for those expropriated, or an assessment of the value of the right under which land plots are provided in exchange for expropriated real estate objects, if the conditions of the agreement on the expropriation of real estate provide for the provision of land plots or other real estate objects in exchange for expropriated real estate objects.
If the rights holder of the real estate being expropriated specifies an address for communication with him during the identification of persons whose land plots and (or) real estate objects located on them are subject to expropriation for state or municipal needs, as provided in paragraphs 3 and 4 of article 56.10 of the Land Code of the Russian Federation, the documents referred to in these paragraphs are also sent to him electronically to the email address specified.
The project of the agreement on expropriation of real estate is deemed to have been received by the rights holder of the real estate being expropriated on the day the registered letter provided for in paragraph 3 of this article is delivered to him, or on the day the sender receives it back in accordance with the Federal Law "On Postal Communication", unless otherwise provided in paragraph 7 of this article.
The organization that submitted the application for expropriation, on the basis of which a decision on expropriation was made, has the right to deliver the project of the agreement on expropriation of real estate to the rights holder of the real estate being expropriated with a receipt confirming its receipt.
If the owner of the property to be expropriated refuses to receive the draft agreement on the expropriation of real estate, the person delivering the draft agreement on the expropriation of real estate makes a note on it indicating the refusal to receive the draft agreement on the expropriation of real estate.
The owner of the property to be expropriated who has refused to accept the draft agreement on the expropriation of real estate is deemed to have duly received the aforementioned draft agreement.
The owner of the property to be expropriated signs the agreement on the expropriation of real estate and submits it to the authorized executive body or local self-government body that adopted the decision on expropriation, or in the case where the decision on expropriation was adopted based on a petition for expropriation, to the organization that submitted the petition for expropriation.
The owner of the property subject to expropriation may sign an agreement on the expropriation of the property and submit it to the persons specified in paragraph 8 of this article, or send the aforementioned persons a notice of refusal to sign an agreement on the expropriation of the property or a proposal to amend the terms of this agreement, including proposals to change the amount of compensation. Proposals to change the amount of compensation must be accompanied by documents justifying such changes.
In the event that within ninety days from the date the owner of the property subject to expropriation receives the draft agreement on the expropriation of the property, the signed agreement on the expropriation of the property is not submitted by the owner of the property subject to expropriation, the authorized executive authority or local self-government body that adopted the decision on expropriation, or the organization on whose application the decision on expropriation was adopted, have the right to file a lawsuit with the court for compulsory expropriation of the land plot and (or) real estate objects located thereon.
On the basis of proposals made by the owner of the real estate to be expropriated, as specified in paragraph 10 of this article, the authorized executive authority or local self-government body that has adopted a decision on expropriation, in coordination with the person whose application led to the adoption of the expropriation decision (if such a person exists), may change the terms of the agreement on the expropriation of real estate taking into account the proposals of the owner of the real estate to be expropriated.
If the decision on expropriation is adopted based on an application by the State Corporation "Russian Roads", the agreement on the expropriation of real estate shall be concluded on behalf of the Russian Federation by the aforementioned State Corporation in accordance with Federal Law No. 145-FZ dated July 17, 2009, "On the State Corporation 'Russian Roads' and on Amendments to Certain Legislative Acts of the Russian Federation". In this case, the signature of such an agreement by the federal executive authority is not required.
Compensation for the expropriated land plots and (or) real estate objects located thereon is carried out at the expense of the corresponding budget of the Russian Federation budget system or, in the case when the decision on expropriation is made based on a petition for expropriation submitted by an organization specified in paragraphs 1 and 2 of article 56.4 of this Code, at the expense of the funds of the aforementioned organization.
In accordance with article 56.11 of the Land Code of the Russian Federation, the concluded agreement on the expropriation of real estate for state or municipal purposes or a court decision entered into legal force on compulsory expropriation of a land plot and (or) real estate objects located thereon is the basis for:
1) transfer of ownership rights to the land plot and (or) real estate objects located thereon, which are in private ownership;
2) termination of the right of perpetual (indefinite) use of a land plot or the right of lifelong inheritable ownership of a land plot;
3) early termination of the lease agreement for a land plot or the agreement for gratuitous use of a land plot;
4) termination of the right of operational management or the right of economic administration over real estate objects located in state or municipal ownership and situated on the land plot being expropriated, or early termination of the lease agreement or the agreement for gratuitous use of such real estate objects;
5) emergence of rights under this Code to land plots formed as a result of redistribution of land plots or redistribution of land and land plots;
6) state registration of the emergence, termination, or transfer of rights on the expropriated land plot and (or) real estate objects located thereon;
7) demolition of real estate objects located on the expropriated land plot, except for structures whose placement on such a land plot does not contradict the purpose of expropriation.
In the event that the agreement on expropriation of real estate or a court decision that has entered into legal force regarding compulsory expropriation of the land plot and (or) real estate objects located thereon provides for full or partial compensation for the expropriated land plot and (or) real estate objects located thereon in monetary form, the consequences provided for in paragraph 1 of this article occur only after such compensation is provided.
The provision of compensation in cash for the expropriated land plot and (or) real estate objects located thereon is confirmed by a payment order regarding the deposit of funds into the account of the owner of the expropriated property or into the notary's deposit, or other documents confirming, in accordance with Russian Federation legislation, the payment of such funds.
The rights to the expropriated land plot and (or) real estate objects located thereon cease from the moment of state registration of the termination of these rights, unless otherwise provided by Russian Federation legislation.
From the moment the right of private ownership over the expropriated land plot and (or) real estate objects located thereon ceases, the following right of ownership arises:
1) The Russian Federation, in the case where such a land plot and (or) real estate objects located thereon are expropriated for the needs of the Russian Federation;
2) a subject of the Russian Federation in the event that such land plot and (or) real estate objects located thereon are expropriated for the needs of the subject of the Russian Federation;
3) municipal formation
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