Publication date: 09.06.2024
Legal aspects of land plots withdrawal (redemption) for public needs and social necessity
Introduction
Land acquisition (purchase) for public needs and social necessity is an important tool for implementing state and local projects that are important to society. This process allows for the construction of infrastructure and social facilities, as well as other activities that contribute to the development of the territories. In this article, we will analyze the main legal aspects of land expropriation, the regulatory framework, procedure, rights and obligations of the parties, as well as the problems and practical aspects of implementing this process.
Legal framework
The main regulatory legal acts governing the issues of withdrawal (redemption) of land plots for public needs and public
of the need in Ukraine:
- The Land Code of Ukraine contains provisions on the withdrawal (redemption) of land plots, the grounds and procedure for withdrawal.
- The Law of Ukraine "On the Alienation of Privately Owned Land Plots and Other Real Estate Located Thereon for Public Needs or for Reasons of Public Importance" establishes the procedure for alienation of land plots.
- The Civil Code of Ukraine defines the general rules for the alienation of property.
- The Law of Ukraine "On Local Self-Government in Ukraine" - regulates the powers of local self-government bodies in the field of land acquisition.
Procedure for withdrawal (redemption) of land plots
Grounds for removal:
- Land plots are seized (bought out) to implement projects of public importance, such as the construction of roads, hospitals, schools, energy facilities, etc.
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- The seizure may be carried out for reasons of public necessity, when the implementation of a project is impossible without alienation of a specific land plot.
Initiation of the procedure:
- The procedure of land seizure is initiated by the relevant state or local authorities.
- A decision is made on the need to seize a land plot for public needs.
Valuation of a land plot:
- An independent expert assessment of the value of the land plot and real estate located on it is carried out.
- The owner of the land plot is offered compensation, which includes the market value of the property and possible relocation costs.
Negotiations with the owner:
- Negotiations are underway with the owner of the land plot on the terms of the buyout.
- If an agreement is reached, a land plot sale and purchase agreement is concluded.
Forced seizure:
- If no agreement can be reached with the owner, the authority that initiated the seizure files a lawsuit for expropriation with the court.
- The court considers the case and decides on the expropriation of the land plot with compensation.
