Seizure of land and compensation to be held under new procedure

The government approved the Regulation on the procedure for the seizure of land and compensation to owners of real estate objects located on the seized land, the Ministry of Justice reports.

According to this:

– if there is a need to withdraw the land plot, an open discussion will be held with the participation of the media, first of all, between the Khokimiyat or investors and owners;

– preliminary calculations will be carried out by the Khokimiyat or the investor, as well as the study of the availability of sufficient resources to provide compensation;

– Zhokargy Kenes of the Republic of Karakalpakstan, kengashes of people’s deputies will consider the benefits and costs of the seizure of land, if there are sufficient resources, as well as in case of excess of benefits and costs, a decision will be made on the seizure of land. Khokimiyats are not authorized to make decisions on the seizure of land;

– the Khokimiyat or the investor and the owners agree on the type, amount and term of compensation, and this agreement is notarized;

The demolition of real estate objects without providing the agreed compensation is not allowed.

After providing agreed compensation to the owners:

– real estate is released by the owner;

– the draft resolution on the demolition of real estate is sent by the khokimiyats to the justice authorities for the issuance of a conclusion;

– the bodies of justice, having studied the provision of compensation, the actual release of housing and other circumstances, provide their opinion to the khokimiyats;

– the resolution on demolition of real estate is accepted only in the presence of the positive conclusion of bodies of justice.

Transfer of the real estate objects located on the withdrawn land plot to another person is allowed only if there is a written consent of the initiator after signing of the Agreement, or in case of termination of the Agreement (in the order provided by the Agreement, with the consent of the parties or in court).

The owner who has acquired the object of real estate subject to demolition is the legal successor of the rights and obligations of the previous owner arising from the Agreement concluded in accordance with this Provision.

Control over execution of requirements of the legislation at withdrawal of the land plots, demolition of objects of real estate, resettlement of citizens, and also granting of compensations is carried out by bodies of Prosecutor’s office.

This procedure comes into force on January 1, 2020.