Procedure for the Expropriation of Land Plots for Public or Municipal Purposes

General Provisions

Bodies making decisions on the expropriation of land plots for state or municipal needs

Expropriation of land plots for state or municipal needs is carried out based on decisions:

authorized federal executive authorities - in the case of expropriation of land plots for state needs of the Russian Federation (federal needs), including for placement of objects of federal significance. Authorized federal executive authorities also make decisions on expropriation of land plots in connection with the use of mineral resources (excluding land plots necessary for conducting works related to the use of local significance mineral resource plots);
authorized executive organs of the state authorities of a subject of the Russian Federation - in the case of expropriation of land plots for the state needs of the subject of the Russian Federation (regional needs), including for the placement of objects of regional significance. The executive organs of state authority of a subject of the Russian Federation also take decisions on expropriation of land plots necessary for conducting works related to the use of local mineral deposit areas;
local self-government bodies: in the case of expropriating land plots for municipal needs, including for placement of objects of local importance.

Conditions for Expropriating Land Plots for State or Municipal Needs

According to Article 56.3 of the Land Code of the Russian Federation, expropriation of land plots for state or municipal needs in the interests of construction, reconstruction of federal-level objects, regional-level objects or local-level objects is permitted if the aforementioned objects are provided for in approved territorial planning documents and approved development plans territory.

The adoption of a decision on the expropriation of land plots for state or municipal needs in purposes not provided for by paragraph 1 of this article must be justified:

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);
by an international treaty of the Russian Federation (in the case of expropriation of land plots to implement an international treaty);
license for the use of mineral resources (in the case of expropriation of land plots for conducting works related to the use of mineral resources, including those carried out at the expense of the subsoil user);
a decision recognizing a multi-apartment building as hazardous and subject to demolition or reconstruction (in the case of expropriation of a land plot due to the recognition of a multi-apartment building located on such a land plot as hazardous and subject to demolition or reconstruction).

The decision on the expropriation of land plots for state or municipal needs for construction or reconstruction of objects of federal importance, regional importance, or local importance may be adopted not later than three years from the date of approval of the planning project providing for the placement of such objects.

Expropriation of land plots for state or municipal needs is carried out by decisions of authorized executive authorities or local self-government bodies provided for in Article 56.2 of this Code, which are adopted both by their own initiative and upon submission of an application for 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 of permanent (indefinite) use, the right of life-long inheritable ownership, lease agreement of a land plot owned by the state or municipality, or the right of free use of such a land plot, may be carried out regardless of the form of ownership of such a land plot.

Expropriation 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 permitted in cases where this expropriation is carried out for the placement of objects of regional significance of such 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 construction, reconstruction of federal-level objects, regional-level objects or local-level objects, for which land plots are expropriated for state or municipal needs in order to carry out construction or reconstruction fully or partially at the expense of funds of organizations listed in paragraph 1 of article 56.4 of this Code, expropriation of such land plots is carried out upon petition

specified organizations.

It is prohibited to expropriate land plots provided to federal state budgetary institutions managing specially protected natural territories of federal importance, except in cases specified by federal laws.

Petition for Expropriation of Land Plot for State or Municipal Needs

According to 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 adopted based on petitions for the expropriation of land plots for state or municipal needs (hereinafter also referred to as a petition for expropriation), which may be submitted by organizations to authorized bodies of executive authority or local self-government bodies, provided for in Article 56.2 of this Code:

being subjects of natural monopolies, in the case of expropriation of land plots for the placement of federal-level objects or regional-level objects specified in Article 49 of this Code and ensuring activity of these subjects;
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 activity, for ensuring which, in accordance with Article 49 of this Code, expropriation of a land plot is carried out for state or municipal needs;
who are subsoil users, in the event of expropriation of land plots for carrying out works related to the use of subsoil, including those carried out at the expense of funds of subsoil users.

The list of organizations having the right to submit applications for 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.

With a petition for expropriation, organ of state authority may apply in cases of expropriation of a land plot in accordance with subparagraph 1 of Article 49 of this Code, as well as in cases of expropriation of a land plot for construction, reconstruction of an object of federal importance or an object of regional importance, construction, reconstruction of which are planned fully or partially at the expense of [account](/enc/18601/ "Definition of the term «Account» in

budgetary funds of the Russian Federation budget system, state unitary enterprise, state institution in cases of expropriation of a land plot for placement of an object of federal significance or an object of regional significance, provided for by the addressed investment program.

The petition for expropriation must specify the purpose of expropriating the land plot for state or municipal needs.

The petition for expropriation may be submitted regarding one or several land plots.

In the event a petition for the expropriation of land plots to be formed has been submitted and there is no approved project of territorial demarcation providing for the formation of such land plots, a scheme of the location of the land plot shall be attached to this petition, unless otherwise provided by Article 11.3 of this Code.

Requirements regarding the form and content of a petition for removal, as well as the composition of documents attached thereto, are established by the federal body authorized by the Government of the Russian Federation. The petition for removal and the documents attached to it may be submitted or sent by the applicant personally or via executive body of state authority or body of local self-government provided for in Article 56.2 of this Code, at his discretion, personally or

by means of postal communication on paper media or in the form of electronic documents using the information and telecommunications network "Internet". The procedure and methods for submitting a petition for seizure and documents, if they are submitted in the form of electronic documents using the information and telecommunications network "Internet", as well as requirements for their format, are approved by the federal executive authority authorized by the Government of the Russian Federation.

The authorized body of executive authority or organ of local self-government, provided for in Article 56.2 of this Code, return the application without examination within a period not exceeding five working days from the date of receipt of the application for removal, specifying the reason for the decision taken, in the following circumstances:

data authorized body of executive authority or body of local self-government shall not be entitled to make a decision on the expropriation of a land plot for purposes specified in the expropriation application;
applicant is not a person provided for by paragraphs 1 - 3 of article 56.4 of the Land Code of the Russian Federation;
the layout scheme of the land plot has not been submitted, and an approved project of cadastral surveying of the territory, providing for the establishment of such a land plot, is absent;
the petition 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 body of executive authority or local self-government body provided for in Article 56.2 of this Code performs one of the following actions within a period not exceeding thirty days from the date of receipt of the application for removal:

submit a request to the authority responsible for state registration of rights to real property and transactions with it, 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) are formed, and to whom real estate objects located on such land plots belong;
take a decision to refuse satisfaction of the application for seizure in the presence of grounds provided for in paragraph 11 of this article, and forward the adopted decision to the organization that submitted this application, specifying the reason for the adopted decision.

Authorized body of executive authority or local self-government body provided for in Article 56.2 of this Code, take a decision to refuse satisfaction of the application for seizure in the following cases:

the conditions for expropriation of land plots for state or municipal purposes provided by Article 56.3 of this Code have not been met;
the petition for expropriation provides for expropriation of a land plot on grounds not stipulated by federal laws;
the layout scheme of the land plot attached to the petition for expropriation cannot be approved on the grounds specified in subparagraphs 1, 3–5 of paragraph 16 of Article 11.10 of this Code;
in other cases established by the law of a subject of the Russian Federation, if a petition for expropriation of land plots for regional or municipal purposes has been submitted.

Identification of persons, land plots and (or) real estate objects located on them which are subject to expropriation for state or municipal needs

According to Article 56.5 of the Land Code of the Russian Federation, in the event that the Unified State Register of Real Estate Rights and Transactions does not contain information on registered rights to land plots subject to expropriation for state or municipal purposes, 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 not be less than sixty days before the adoption of a decision to expropriate land plots for state or municipal needs.

request information on 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, which may hold the aforementioned information, as well as from presumed right holders of the expropriated land plots or other real estate objects;
ensure publication in accordance with the procedure established for official publication (announcement) of municipal normative acts by the charter of the settlement, city district (municipal area in cases where such land plots are located on inter-settlement territory), at the location of the land plots subject to expropriation, notices regarding the planned expropriation of land plots for state or municipal purposes;
ensure publication on the official website of the authorized executive authority body or local self-government body provided for by Article 56.2 of the Land Code of the Russian Federation, and on the official website of the municipal formation specified in subpoint 2 of this paragraph in the information and telecommunications network "Internet" of messages regarding the planned expropriation of land plots for state or municipal purposes;
ensure the posting of information regarding the planned expropriation of land plots, which must contain the information provided for in subparagraphs 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, and if such land plots are located outside the boundaries of the populated area, on an informational board within the boundaries of the corresponding municipal formation.

In the event that identification of persons, land plots and (or) real estate objects located thereon 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 information regarding registered rights to

land plots subject to expropriation, as well as registered rights on real estate objects located on such land plots. In this regard, publication of information regarding the planned expropriation of land plots for state or municipal needs in accordance with subparagraph 2 of paragraph 1 of this article, as well as placement of information on informational boards in accordance with subparagraph 4 of paragraph 1 of this article is carried out at the expense of the organization that submitted the petition for

seizures

The authorized executive body or local government organ provided for in Article 56.2 of this Code may delegate the performance of actions to identify individuals whose land plots and (or) real estate objects located thereon are subject to expropriation, to state or municipal institutions subordinate to these bodies.

4. State authorities, local self-government bodies, state institutions, municipal institutions, state unitary enterprises, municipal unitary enterprises, [physical and legal entities](/enc/33534/ "Definition of the concept 'Physical and legal entities' in the legal encyclopedia), having received the request specified in subitem 1 of item 1 of this article, are obliged to submit to the authorized...

executive authority or local self-government body provided for in Article 56.2 of this Code, information on existing rights to land plots subject to expropriation and to real estate objects located on such land plots, as well as copies of documents confirming data.

In the notice regarding the planned expropriation of land plots for state or municipal purposes, which is subject to publication in accordance with the procedures established for the official publication (announcement) of municipal legal acts as stipulated in the charter of the settlement, municipal district (municipal area 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:

the purposes of expropriating land plots for state or municipal needs;
list of cadastral numbers of land plots subject to expropriation, their addresses or description of location, list and addresses of real estate objects located on such land plots (if cadastral records about them are available);
boundaries of the area planned for placement of objects, for which expropriation of land plots and (or) real estate objects located on such land plots is planned in connection with construction or reconstruction;
address at which interested parties may obtain information regarding the proposed expropriation of land plots and real estate objects located thereon for state or municipal purposes, as well as submit applications for registration of rights to land plots and other real estate objects, and also the deadline for submitting such applications;
address and time for receiving citizens and representatives of legal entities to familiarize themselves with the project of land surveying or the scheme of land plot location, according to which the land plot subject to expropriation is to be formed. At the same time, the period for familiarization with the aforementioned documents shall not be less than sixty days from the date of publication of the notice;
official websites in the information and telecommunications network "Internet" where a message about the planned expropriation of land plots for state or municipal needs is published;
the name of the authorized executive authority body or local self-government body responsible for identifying persons whose land plots are subject to expropriation for state or municipal needs.

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 body 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:

requisites of decisions approving territorial planning documents and land development projects providing for the placement of federal-level objects, regional-level objects or local-level objects, for which expropriation of land plots is planned for construction or reconstruction (in cases where expropriation of land plots is carried out for construction or reconstruction of objects provided for in such documents);
details of the decision approving the land survey project providing for establishment of land plots subject to expropriation, if establishment of such land plots is carried out in accordance with the land survey project;
details of the decision on the creation or modification of boundaries of a strictly protected natural area in cases of expropriation of land plots for these purposes;
official website, on which approved territorial planning documents and territorial development plan project, providing for the location of federal-level objects, regional-level objects or local-level objects, for the construction or reconstruction of which the expropriation of land plots is planned (in the case when the expropriation of land plots is carried out for the construction or reconstruction of objects provided for by such documents).

7. A mandatory attachment to the message regarding the planned expropriation of land plots for state or municipal needs, published on official websites in accordance with subitem 3 of paragraph 1 of this article, is the approved cadastral plan of the territory or the approved layout scheme of the land plot, providing for the formation of a land plot or land plots subject to expropriation, in cases where such land plots or such land plot are intended

8. Owners, landowners, land users, lessees of land plots, subject to expropriation, owners of real estate objects located on such land plots, persons who hold such real estate objects under other rights (hereinafter also referred to as right holders of the expropriated real estate) and whose rights

on land plots and (or) real estate objects located thereon not registered in the Unified State Register of Rights on Real Estate Property and Transactions with Them, within sixty days from the date of publication of the message provided for in subitem 2 of paragraph 1 of this article, submit applications to the authorized executive body or local government body provided for in Article 56.2 of this Code, regarding the registration of their rights (encumbrances of rights) on land plots and (or) real estate objects (hereinafter also referred to as applications for the registration of rights on

real estate with attachments of copies of documents confirming these rights (encumbrances of rights). In such statements, the means of communication with the applicants is indicated, 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 if 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, executive body of state authority or local self-government body,

provided for in article 56.2 of this code, notify these persons of this no later than ten days from the date of receipt of the aforementioned applications.

10. If, in accordance with the procedure established by this article, the right holders of the real estate subject to seizure have not been identified, the authorized executive authority body or local self-government body provided for in Article 56.2 of this Code shall submit an application to the court requesting recognition of ownership by the Russian Federation, a subject of the Russian Federation, or a municipal formation over real estate objects located on land plots intended for seizure for state or municipal purposes, regardless of whether such real estate objects were previously registered or not.

The property has been entered into the register as ownerless immovable property. Recognition of ownership rights of the Russian Federation, a subject of the Russian Federation or a municipal formation to such real estate objects is not an obstacle for presenting claims provided for in paragraph 11 of this article.

11. Right holders of the expropriated real estate, whose rights to land plots and (or) real estate objects were not identified in accordance with the procedure established by this article, have the right to claim compensation from [person](/enc/31941/ "Definition of the term 'Person' in the legal encyclopedia), to whom such land plots were provided (excluding persons to whom land plots were provided on the basis of gratuitous use), or, in the absence of such [person](/enc/31941/ "Definition of the term 'Person' in the legal encyclopedia), have the right to claim compensation at the expense respectively of the treasury of the Russian Federation, the treasury of a subject of the Russian Federation, the treasury

of the municipal unit. The return of land plots and (or) immovable property objects located on them to previous owners is not carried out.

Decision on the Expropriation of Land Plots for State or Municipal Needs

According to Article 56.6 of the Land Code of the Russian Federation, a decision on the expropriation of land plots for state or municipal needs (hereinafter also referred to as a decision on expropriation) may be adopted in relation to one or several land plots, including a land plot or land plots subject to formation.

The decision on seizure is made with respect to all real estate objects located on land plots subject to seizure, excluding structures (including those whose construction has not been completed), the placement of which on land plots being seized for state or municipal needs does not contradict the purpose of seizure.

The decision on expropriation may be adopted in respect of all or some land plots located within the boundaries of zones of planned placement of objects of federal significance, objects of regional significance, or objects of local significance, for the construction, reconstruction of which such expropriation is carried out.

In the decision on expropriation, the land plots being expropriated must be specified, including land plots subject to formation, as well as real estate objects located on such land plots, and also the purpose of expropriating the land plots, the document details in accordance with which the expropriation is carried out. In the case where the decision on expropriation is adopted based on a petition submitted by the person specified in Article 56.4 of this Code, the decision on expropriation specifies this person. The decision on expropriation also specifies [structures](/enc/2260/ "Definition of 'Structures' in

from the legal encyclopedia"), the expropriation of which is not carried out in accordance with civil legislation, as well as servitudes established in relation to the expropriated land plots that are preserved.

To the decision on expropriation, a scheme of land plot location is attached, if the land plots subject to expropriation are to be formed and an approved project of territory cadastral survey does not exist within the boundaries where formation of such land plots is provided. In this case, the expropriation decision must include a reference to approval of the land plot layout scheme.

A local self-government body or executive authority that has adopted a decision on expropriation, including as a result of identifying the owners of the real estate being expropriated 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 any), is entitled to approve another variant of the layout scheme of the land plot.

A decision on expropriation cannot be adopted in cases where:

land plots are escheat property and there are no real estate objects on such land plots that are private property or used by third parties;
land plots are in state or municipal ownership, not encumbered by the rights of third parties and there are no real estate objects on such land plots that are private property or used by third parties;
land plots are in state or municipal ownership, not burdened by the rights of third parties and on such land plots are located objects of immovable property which are heirless or ownerless property.

Absence in the Unified State Register of Rights to 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 absence in the state real estate cadastre of cadastral data regarding the coordinates of characteristic points of boundaries of such land plots or information about the aforementioned real estate objects, or intersection of one of the boundaries of a land plot subject to expropriation and one of the boundaries of another land plot in accordance

The presence of cadastral data regarding the latter, the existence of disputes over rights to such land plots and (and/or) objects of real estate located on them are not an obstacle to the decision to expropriate.

The transfer of rights to land plots subject to expropriation and (or) to real estate objects located thereon, as well as the formation from such land plots or other real estate objects of new land plots or real estate objects does not entail the necessity of adopting a new decision on expropriation or amending a previously adopted decision on expropriation.

Within ten days from the date of adoption of the expropriation decision, the authorized executive authority or local self-government body that adopted such decision:

post the decision on expropriation on their official website in the information and telecommunications network "Internet";
ensure publication of the decision on expropriation (excluding its attachments) in accordance with the procedures established for the official publication (announcement) of municipal legal acts by the charter of the settlement, city district (municipal district in the case where land plots subject to expropriation are located on inter-settlement territory) at the location of the land plots subject to expropriation;
send a copy of the decision on seizure to the right holders of the seized real estate by mail with a notice of delivery to the postal addresses specified in the statements on the registration of rights on [real estate](/enc/18357/ "Definition of the term 'Real Estate' in the legal encyclopedia), or, in the absence of such addresses, to the postal addresses specified in the Unified State Register of Rights on Real Estate and Transactions with It, and, in the absence of such addresses, to the postal addresses of the right holders of the seized real estate specified in the state cadastral register of real estate. In the case where

in connection with the expropriation of land plots, buildings buildings, structures structures, and premises [premises](/enc/33305/ "Definition of the term 'Premises' in the legal encyclopedia) located thereon are subject to expropriation. A copy of the expropriation decision is also sent to the locations of such buildings, structures, and premises. If the right holder right holder of the expropriated real estate has provided an email address for communication, a copy of the decision is also sent to them via email.

in electronic form. In the absence of information regarding addresses specified in this paragraph, a copy of the seizure decision is not sent to the specified addresses;

send a copy of the decision on seizure to the authority responsible for state registration of rights on real estate and transactions with it;
forward to the organization that submitted the petition for expropriation (if such a petition exists), a copy of the decision on expropriation, information about persons who submitted applications for registration of their rights on real estate, and methods of contacting them, information about persons who are owners of land plots and (or) real estate objects located on them, obtained based on requests provided under paragraph 1 of article 56.5 of this Code, as well as copies of documents,

confirming the rights of the specified persons to the expropriated land plots and/or to real estate objects located on such land plots.

The rightsholder of the seized real estate is deemed to have been notified of the decision on seizure from the day they receive a copy of the seizure decision or from the day the sender is returned the registered letter in accordance with Federal Law No. 176-FZ dated July 17, 1999 "On Postal Communication" (hereinafter - Federal Law "On Postal Communication") provided under paragraph 3 of point 10 of this article.

In the event that the information regarding the postal address of the right holder of the seized property as provided under subitem 3 of item 10 of this article is not available, and a copy of the decision on seizure is sent to him in electronic form to the email address right holder of the seized property, it shall be deemed that he has been notified on the day of sending the aforementioned copy.

In the event that the information regarding the postal address and electronic mail address of the right holder of the seized real estate specified in paragraph 3 of point 10 of this article is not available, such right holder shall be deemed to have been notified from the date of publication of the decision on seizure in accordance with paragraph 2 of point 10 of Article 56.6 of the Land Code of the Russian Federation.

After notifying the rights holder of the expropriated property, they may submit to the authority that adopted the expropriation decision information regarding the postal address for sending the draft agreement on the expropriation of the land plot and (or) the real estate object located thereon for state or municipal needs.

The expropriation decision remains valid for a period of three years from the date of its adoption.

The expropriation decision may be appealed to Court.

Preparation agreements on the expropriation of land plots and (or) objects of real estate located on them for state or municipal purposes

According to Article 56.7 of the Land Code of the Russian Federation, in order to prepare an agreement on the expropriation of land plots and (or) real estate objects located thereon for state or municipal purposes (hereinafter also referred to as agreement on the expropriation of property), an authorized executive authority body or a local self-government body that has adopted a decision on expropriation, or, in the case where the decision on expropriation was adopted based on a petition for expropriation, organization that submitted such a petition:

act as the client of cadastral works for the purpose of creating land plots subject to expropriation in accordance with the approved land survey project or the approved layout scheme of the land plot;
act as the client of cadastral works necessary for the refinement of boundaries of land plots subject to expropriation, if the boundaries of such land plots require refinement;
act as the client of cadastral works for the purpose of creating land plots in state or municipal ownership for their provision in exchange for expropriated land plots;
apply on behalf of the owner of the expropriated real estate without a power of attorney with an application for cadastral registration of land plots subject to expropriation, land plots provided in exchange for the expropriated land plots, or land plots whose boundaries require adjustment as a result of the expropriation, if it is necessary to conduct state cadastral registration of such land plots;
act as a client for evaluation work related to expropriated land plots and (or) real estate objects located thereon, or for evaluating terminated rights and the extent of damages caused by such expropriation, as well as for evaluating immovable property provided in exchange for the expropriated immovable property;
conduct negotiations with the rights holder of the expropriated real estate regarding the terms of its expropriation;
prepare, together with the authorized executive authority body or local self-government body that adopted the expropriation decision, an agreement on the expropriation of real estate in cases where the expropriation decision was adopted based on an expropriation petition;
submit the draft agreement on the expropriation of real estate to the parties to such an agreement for signing.

Consent from the owners of the expropriated property to perform the actions listed in paragraph 1 of this article is not required.

For the preparation and conclusion of an agreement on the expropriation of real estate, the state cadastral registration of immovable property located on the land plots being expropriated, and information about which has not been entered into [the State Cadastre of Real Estate](/enc/27461/ "Definition of the term 'State Cadastre of Real Estate' in the legal encyclopedia), is not required.

The existence of disputes regarding the boundaries of land plots subject to compulsory acquisition, disputes concerning the formation of land plots, and the absence of state registration of property rights for land plots subject to compulsory acquisition do not constitute an obstacle to preparing and subsequently concluding agreements on the compulsory acquisition of real estate or adopting judicial decisions on the compulsory expropriation of land plots for state or municipal needs. In cases involving land disputes regarding the boundaries of land plots subject to compulsory acquisition, such boundaries shall be 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 the expropriated real estate are obliged to ensure access to land plots and (or) objects of real estate located thereon for the purposes of conducting cadastral works, determining the market value of such real estate.

In the event that the decision on expropriation is adopted 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 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 authorities.

Special Features of Determining the Amount of Compensation in Connection with Expropriation of Land Plots for State or Municipal Needs

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), market value of land plots owned by the state or municipality and transferred into private ownership in exchange for expropriated land plots, market value of rights under which land plots are provided, located in state or municipal

the rights of ownership, in exchange for the seized land plots, are determined in accordance with the Federal Law of July 29, 1998 No. 135-FZ "On Appraisal Activities in the Russian Federation" taking into account the specifics established by this article.

When determining the amount of compensation, it includes market value of land plots whose right of private ownership is subject to termination, or market value and other rights on land plots subject to termination, damages caused by the expropriation of land plots, including damages arising from the impossibility of performance

holders of such land plots are obligated towards third parties, including those arising from contracts concluded with such parties, and lost profits, which are determined in accordance with federal legislation.

In the event that simultaneously with the expropriation of land plots for state or municipal purposes, the expropriation of immovable property objects located on such land plots and belonging to the right holders of such land plots is carried out, the amount of compensation includes the market value of these immovable property objects, the right of private ownership over which is subject to termination, or the market value of other rights on these immovable property objects subject to termination.

When determining the amount of compensation upon expropriation of land plots owned by the state or municipal authorities, the market value of land plots subject to termination of rights is established taking into account the following specific features:

in the event of termination of the right of perpetual (indefinite) use of a land plot allocated to a legal entity, the market value of this right is determined as the market value of the lease right for the land plot on established by law maximum (maximum) term, and in the absence of a maximum (maximum) term established by law – for forty-nine years;
In the event of termination of the right of perpetual (indefinite) use or life-long (heritable) ownership of a land plot provided to a citizen or an organization entitled to free allocation of ownership of the expropriated land plot, the market value of this right is determined as the market value of the land plot;
In the event of early termination of a lease agreement for a land plot or an agreement for free use of a land plot, the market value of this right is determined as the market value of the right to lease the land plot prior to the expiration of the terms of the aforementioned agreements.

For the purposes of determining the amount of compensation for the expropriated land plot, which is subject to formation, the market value of such a land plot owned in private ownership (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 (market value of the rights being terminated on the original land plot) and the market value of the land plot retained by the rightsholder (market value of the rights remaining).

In order to determine the amount of compensation, the market value of the land plot, the private ownership rights to which are subject to termination, or the market value of other rights subject to termination on the land plot is determined based on the permitted use of the land plot on [day](/enc/33427/ "Definition of the term 'Day' in the legal encyclopedia) preceding the day 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 construction, reconstruction of federal-level objects, regional-level objects, 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 is determined based on the permitted use established prior to the aforementioned 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, right holders of the expropriated real estate incur damages due to their inability to fulfill obligations to third parties, including those based on contracts concluded with such parties, right holders of the expropriated real estate are obliged to present information to the person conducting evaluation work on the expropriated land plots and (or) real estate objects located thereon or evaluating the rights being terminated and the amount of damages caused by such expropriation,

documents confirming the occurrence of losses by the right holders of the seized real estate due to the impossibility of fulfilling the specified obligations.

The amount of compensation is determined no later than sixty days prior to delivering the agreement on the expropriation of real estate to the landowner.

When determining the amount of compensation, the following are not taken into account:

objects of real property located on the expropriated land plot and inseparable improvements to these objects (including those made as a result of reconstruction), carried out contrary to their permitted use, as well as contrary to the terms of the lease agreement for a land plot owned by the state or municipality, or the agreement on free use of such a land plot;
indivisible improvements of the land plot and (or) real estate objects located thereon made after notifying the owner of the expropriated real estate about the adopted decision to expropriate the land plot for state or municipal needs, excluding indivisible improvements made in order to ensure the safety of such real estate during its use (operation), prevention of fires, accidents, natural disasters, and other circumstances of an extraordinary nature, or in order to eliminate their consequences, as well as resulting from reconstruction based on a permit issued prior to the aforementioned notification

notifications of permits for construction;

immovable property objects, construction of which has been carried out after notifying the owner of the expropriated real estate about the adopted decision on the expropriation of the land plot for state or municipal needs, except in cases where this construction was carried out on the basis of a previously issued building permit;
immovable property objects for which issuance of a building permit is not required and whose construction has begun after notifying the owner of the expropriated real estate about the adopted decision on the expropriation;
transactions concluded by the owner of the expropriated real estate after being notified of the decision to expropriate, if data from these 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 an expropriated land plot and (or) real estate object located on it, which belongs to several persons on the right of joint ownership, is determined proportionally to the shares in the right of joint ownership over such property.

Valuation Report, prepared for the purpose of determining the amount of compensation, market value of the land plot provided in ownership in exchange for the expropriated, or market value of the right under which the land plot is provided in exchange for the expropriated, is valid until the signing, in accordance with Article 56.9 of this Code, of an agreement on the expropriation of real estate for state or municipal needs or until the decision [court](/enc/32702/ "Definition of the term 'court' in the legal encyclopedia) on compulsory expropriation of the land plot and (or) located on

rent of real estate objects for state or municipal purposes.

Agreement on expropriation of real estate for state or municipal needs

According to Article 56.9 of the Land Code of the Russian Federation, the agreement on expropriation of real estate for state or municipal needs contains:

1) names of the parties to the agreement on expropriation of real estate;

cadastral numbers of land plots and (or) real estate objects located on them, which are subject to expropriation, or in the case of absence of cadastral numbers for buildings, structures, rooms within them, unfinished construction projects, their temporary registration numbers assigned in accordance with the procedure established by the Federal Law "On State Registration of Property Rights on Real Estate and Transactions Therewith," and in the absence of such temporary registration numbers, other descriptions of these buildings, structures, rooms within them, unfinished construction projects;
purpose of expropriation of land plots and (or) immovable property objects located thereon for state or municipal needs;
requisites of the decision on expropriation of land plots for state or municipal needs;
rights to land plots and (or) immovable property objects located thereon that terminate and (or) arise based on the agreement on expropriation of immovable property;
the period for transferring land plots and (or) real estate objects located on them subject to expropriation. The term of such transfer may not exceed six months from the day the rights of the previous owner of the expropriated property cease;
the amount and procedure for paying compensation for expropriated land plots and (or) real estate objects located on them;
Instruction on structures (including structures, construction of which has not been completed), expropriation of which is not carried out in accordance with the expropriation decision, as well as the right, on which the owner of such a structure or person, to whom such a structure belongs under other rights, has the right to use

9) reference to servitudes established with respect to a land plot subject to expropriation, which, in accordance with the expropriation decision, are to be preserved.

Agreement on the expropriation of real estate is concluded with each right holder of a land plot and (or) an immovable property object located on it. If a person with whom the agreement on the expropriation of real estate is concluded owns both the land plot and an immovable property object located on it, the agreement on the expropriation of real estate is concluded in relation to all objects of real estate belonging to this person and subject to expropriation.

In the presence of consent from persons whose land plots and (or) real estate objects located thereon are being expropriated, the agreement on the expropriation of real estate may provide for the allocation to them of land plots and (or) other real estate objects in exchange for the expropriated land plots and (or) real estate objects 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 agreement on the expropriation of real estate specifies:

cadastral numbers of land plots being transferred or provided in exchange for expropriated land plots;
market value of land plots and (or) real estate objects located thereon, being transferred or provided on the right of ownership in exchange for expropriated land plots and (or) real estate objects located thereon;
market value of other rights under which land plots are provided in exchange for expropriated land plots;
term of transfer of real estate objects in exchange for expropriated land plots and (or) real estate objects located thereon;
difference between the amount of compensation for the land plots being expropriated and (or) real estate objects located on them and the market value of the real property transferred or provided in exchange, rights to such property, order of payment of this difference by the person from whom the land plots are being expropriated and (or) real estate objects located on them. The amount of compensation is reduced by an amount equal to the market value of the land plots and (or) other real estate transferred or provided into ownership in exchange for the expropriated land plots and (or) real estate objects located on them, or the market value

the cost of other rights, under which land plots and (or) other real estate objects are provided in exchange for seized real estate objects.

An Agreement on the Expropriation of Real Estate may stipulate an obligation of the organization submitting a petition for expropriation, upon which the decision to expropriate is based, to transfer ownership to a person whose land plots and (or) real estate objects located thereon are being expropriated for state or municipal purposes, 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, the term of their transfer. The amount of compensation for 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 land or land plots owned by the state or municipality, and land plots belonging to an individual or a 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 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 ownership rights arise for these citizen or legal entity [person](/enc/31941/ "Definition of the term 'Persons' in the legal encyclopedia), in accordance with the agreement on property expropriation, if as a result of such redistribution the market value of the newly formed land plot decreases.

To the agreement on expropriation of real estate, providing for the expropriation of land plots and (or) objects of real property located thereon by means of compensation provided to the owner or exchange with other real property, the rules of civil legislation on sale or exchange apply.

Conclusion of the agreement on expropriation of real estate for state or municipal needs

According to Article 56.10 of the Land Code of the Russian Federation, an agreement on the expropriation of real estate is concluded in writing between the owner of the expropriated real estate and the authorized executive authority body or local self-government body provided for in Article 56.2 of this Code (except in the case provided for in paragraph 12 of this article), and, in the case where the expropriation of land plots is carried out on the basis of a petition for expropriation, also by the organization that submitted such a petition.

The draft agreement on the expropriation of real estate, signed by the authorized executive authority body or local government body that adopted the decision on expropriation, as well as by the organization that submitted the petition for expropriation upon which such a decision was based, is sent for signing to the person from whom land plots and (or) immovable property objects located thereon are being expropriated.

The draft agreement on the expropriation of real estate is sent by registered letter with delivery confirmation to the address specified in the following section:

specified by the owner of the seized 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 provided, at the address specified by this owner as their contact address during the identification of persons whose land plots and (or) real estate objects located on them are subject to seizure for state or municipal purposes;
specified in the extract from the Unified State Register of Property Rights on Real Estate and Transactions with It, or in the case of its absence, specified in the State Cadastre of Real Estate (in the absence of information regarding postal addresses mentioned in subpoint 1 of this paragraph);
assigned to the seized real estate objects (in the absence of information regarding addresses mentioned in subpoints 1 and 2 of this paragraph).

At the same time as the draft agreement on the seizure of real estate, which is sent to the property owner of the seized real estate in accordance with paragraph 3 of this article, the following documents are also sent:

cadastral passports of land plots subject to expropriation in accordance with the agreement on real estate expropriation, 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 has been entered into the State Cadastral Register of Real Estate);
appraisal report on the market value of expropriated land plots and (or) real estate objects located thereon or on the appraisal of the market value of rights to land plots and (or) real estate objects located thereon subject to termination due to expropriation, as well as appraisal report on the size of losses caused by the expropriation of land plots and (or) real estate objects located thereon;
assessment report on land plots and/or other real estate objects provided in exchange for seized property, or assessment of the value of the right under which land plots are provided in exchange for seized property, in cases where the terms of the real estate expropriation agreement provide for the provision of land plots or other real estate objects in exchange for seized real estate objects.

If the right holder of the property being expropriated specifies an email address as the contact address for notification purposes 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, the documents referred to in points 3 and 4 of article 56.10 of the Land Code of the Russian Federation are also sent to him at this email address in electronic form.

The project of an agreement on seizure of real estate is deemed received by the right holder of the seized real estate from the day of delivery to him of the registered letter provided for in paragraph 3 of this article, or from the day of return to the sender in accordance with the Federal Law "On Postal Communications," unless otherwise provided in paragraph 7 of this article.

[Organization](/enc/9492/ "Definition of the term 'Organization' in the legal encyclopedia), which submitted a petition for seizure on the basis of which the decision on seizure was made, has the right to deliver the project of an agreement on seizure of real estate to the right holder of the seized real estate with a receipt for delivery.

Upon the refusal of the right holder of the confiscated property to receive the project of the agreement on property confiscation person delivering the project of the agreement on property confiscation makes a mark on it indicating refusal to receive the project of the agreement on property confiscation.

The right holder of the confiscated property who has refused to accept the project of the agreement on property confiscation is deemed to have properly received the aforementioned project.

The property rights holder signs an agreement on the confiscation of real estate and submits it to the authorized executive authority or local self-government body that adopted the decision on confiscation, or in the case where the decision on confiscation was made based on a petition for confiscation, to the organization that submitted the petition for confiscation.

The right holder of the expropriated real estate may sign an agreement on the expropriation of real estate and send it to the persons specified in paragraph 8 of this article, or send the aforementioned persons notice of refusal to sign an agreement on the expropriation of real estate 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 this change.

In the event that ninety days have elapsed since the date of receipt by the property owner of the expropriated real estate without the property owner of the expropriated real estate submitting a signed agreement on the expropriation of real estate, the authorized executive authority or local self-government body that adopted the decision on expropriation, or organization, based on whose application the decision on expropriation was adopted, have the right to file a claim with court for compulsory expropriation of land.

the land plot and/or the real estate properties located thereon.

On the basis of the proposals of the owner of the confiscated real estate specified in paragraph 10 of this article, the authorized executive authority or local government body which has adopted a decision on the confiscation of real estate may change the terms of the agreement on the confiscation of real estate in consultation with the person whose petition led to the adoption of the decision on confiscation (if such a person exists), taking into account the proposals of the owner of the confiscated real estate.

If the decision on expropriation is made based on an application by the State Corporation "Russian Automobile Roads", the agreement on the expropriation of real estate is concluded on behalf of the Russian Federation by the aforementioned State Corporation in accordance with Federal Law of July 17, 2009 No. 145-FZ "On the State Corporation 'Russian Automobile Roads' and on amendments to certain legislative acts of the Russian Federation". In this case, signing such an agreement by the party of the federal executive authority is not required.

Compensation for expropriated land plots and (or) real estate objects located thereon is provided at the expense of the corresponding budget of the federal budgetary system of the Russian Federation, or, in the case when the decision on expropriation is made based on an application for expropriation submitted by the organization specified in paragraphs 1 and 2 of article 56.4 of this Code, at the expense of the said organization.

Termination and transfer of rights to a land plot and (or) real estate objects located thereon in connection with their expropriation for state or municipal purposes

According to Article 56.11 of the Land Code of the Russian Federation, an agreement on the expropriation of real estate for state or municipal needs, or a court decision court that has entered into force regarding the compulsory expropriation of a land plot and (or) objects of real property located thereon is grounds for:

transfer of ownership of the land plot and (or) objects of real property located thereon owned by private individuals;
termination of the right of perpetual (indefinite) use of a land plot or the right of lifelong inheritable ownership of a land plot;
early termination of the lease agreement for a land plot or the agreement for gratuitous use of a land plot;
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 expropriated land plot, or early termination of the lease agreement or the agreement for gratuitous use of such real estate objects;
arising of rights under this Code with respect to land plots formed as a result of redistribution of land plots or redistribution of land and land plots;
state registration of the emergence, termination, or transfer of rights to an expropriated land plot and (or) real estate objects located thereon;
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 an agreement on the seizure of real estate or a court decision that has entered into legal force Court on compulsory seizure of a land plot and (or) objects of real property located thereon provides for full or partial compensation for the seized land plot and (or) objects of real property located thereon in monetary form, the consequences stipulated in paragraph 1 of this article occur only after the provision of such compensation.

The provision of compensation in monetary form for the expropriated land plot and (or) real estate objects located thereon is confirmed by a payment order regarding the transfer of funds to the checking account of the owner of the expropriated real estate or regarding the deposit of such funds with a notary, and other documents confirming, in accordance with Russian legislation, the payment of such monetary funds.

The rights to the expropriated land plot and (or) real estate objects located thereon cease from the moment of state registration of termination of these rights, unless otherwise provided by Russian 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:

The Russian Federation, in the case where such a land plot and (or) real estate objects located thereon are expropriated for the state needs of the Russian Federation.
a federal subject of the Russian Federation in the event that such land plot and (or) real estate objects located thereon are expropriated for state needs of the federal subject of the Russian Federation; 3) municipal formation