Today, the question of the withdrawal of land in those owners who are not treated properly risen. At the same time, the norm of the law, which allows the removal of the Earth, is valid since 2010. Is it worth worrying the owners of country sites and household land tenures?
Photo: Legion-Media
Today, the question of the withdrawal of land in those owners who are not treated properly risen. At the same time, the norm of the law, which allows the removal of the Earth, is valid since 2010. Is it worth worrying the owners of country sites and household land tenures?
The experts of the Country Chamber are believed that from 386.5 million hectares of agricultural land in Russia is actually not used about 56 million hectares, that is, about 14%. In order to increase yields, in the next 5 years it is planned to re-enter into a turnover of about 10 million hectares at the moment.
POSSIBLE OPTIONS
Despite the fact that private property is one of the unshakable foundations of the state, the law allows land removal of land: for state or municipal needs; in the improper use of agricultural land and intended for housing construction; in requisition; In the execution of a court decision on confiscation.
In all cases, except for the second, the land category does not matter. This means that today the requisition of unused metals should be feared only by the dacifices whose sections are located on the territory of rural settlements. However, it is possible that such a measure will be introduced for the owners of the sites in SNT. At least, this issue was viewed last summer at a meeting of representatives of the Gardening Associations with the Chairman of the Government of the Russian Federation.
Land made can be seized for state (municipal) needs to implement international treaties of the Russian Federation or for the construction, reconstruction of state or local objects. The decision on the withdrawal of the Earth is adopted by the executive bodies of the relevant level. For the removable area of his owner (copyright holder) pay monetary compensation or (if the owner agrees) provide other land. It is impossible to appeal against the decision on withdrawal for the state.
Since almost the sixth part of the country's dachas in the Moscow region is not issued in accordance with the requirements of the legislation, then there is no information about these metals. This means that their owners shy away from the payment of basic property taxes
With natural disasters, accidents, epidemics, episodes and other circumstances, which have an emergency, an authorized body of state authorities have the right to proper a land plot to protect the vital interests of citizens, society and states from threats. In this case, the withdrawal may be temporary. Then the decision on withdrawal is valid until the emergency is stopped. If it is impossible to return the propilized site to the owner, it compensates for the market value of the Earth or (at his request) provide an equivalent land. If the property has been preserved, then after disappearing a threat that has caused to withdraw the site, the owner has the right to demand a return through the court.
In addition, the Earth may be withdrawn as a sanction for criminal actions (obtaining a plot as a result of a crime or land acquisition for funds from criminal acts). In such a situation, the decision on withdrawal is unlimited, the appeal is not subject to, the compensation for the former owner is not paid.
Photo: Legion-Media
Charter of garden partnership
In each SNT, there are several empty sites, whose owners are not treated with land for various reasons. First of all, such incidents pose a threat from the point of view of fire safety, because the dilapidated buildings on them often serve as a place for landfill, and can also be a refuge for all kinds of asocial personalities. The main reasons why the owners do not care for the site: the owners decided to sell the land, but the price proposed by other members of the partnership did not suit them, so they are looking for a seller; The former owner died, but no heirs; The heirs did not enter into legal rights, but they are going to sell.
Can the leadership of the partnership resist the territory of the territory? The protection of protection is - a competently compiled Charter of SNT, in the text of which the sanctions should be enshrined in those who do not support their land in proper (including fireproof) state. However, most often such provisions are not included in the charter, because at first the majority of members of the Ryano partnership are rushed into a battle with weeds, landscaping outwards, buildings are built and remove the construction trash.
Lover gardeners can only be advised to act together, but necessarily under the leadership of the chairman of the partnership (it is usually familiar with all the key figures, namely the officials responsible for supervising the state of sites). Together with the chairman of the SNT, it is necessary regularly (which is very important) to draw up protocols of the appointment with the appointment or irrational use of the site (including not on the intended purpose, and also if the owner's activities have significantly reduced the fertility of agricultural land or the environmental situation has significantly worsened).
In addition, damage is considered a reason for seizure. Finally, the last reason is the failure to comply with the duties for land reclamation, carrying out mandatory measures to improve and protect the soil so that they can be used on the intended purpose. Of course, we are not talking about the fact that the site should be led by an ideal state the day after the purchase. If you own an outline intended for agricultural inspection of the territory, as well as to call the district authorized, representative of the fire department and local administration to fix the state of the house and garden. They have the right to impose penalties for violations of the rules, and although the amount of recovery is small, constant attention from the authorities of the authorities is little pleasure.
Most likely, negligent daches will soon agree on the sale of the site or will clear their territory. If the plot is not used because the heirs do not want to enter into their rights, providing the difficulties of contacting the registration authorities, one can offer them the next way out of the situation. First, you should go to the notary to make a power of attorney on the member of the SNT, who will (of course, not free) to make the execution of documents. Then you need to enter into the rights of inheritance, and then - register the new owner of the site. After that, the land plot is sold (the best option is to sell to members of the partnership so that a new or potential owner can be engaged in all formalities, and the amount accepted from the transaction is divided between the heirs and SNT (in account of debts on contributions and payments).
Photo: Legion-Media
Inappropriate use
Authorized state bodies verify how land intended for agricultural production, housing or other construction are used. If it is revealed that the owner is drawn to the earthly inappropriate, the site is subject to withdrawal. The concept of "improper use" is provided in Art. 45 Land Code of the Russian Federation. First of all, it is referred to in mind the non-use of the Earth in accordance with the appointment or irrational use of the site (including not on the intended purpose, and also if the owner's activities have significantly reduced the fertility of agricultural land or the environmental situation has deteriorated significantly).
In addition, damage is considered a reason for seizure. Finally, the last reason is the failure to comply with the duties for land reclamation, carrying out mandatory measures to improve and protect the soil so that they can be used on the intended purpose. Of course, we are not talking about the fact that the site should be led by an ideal state the day after the purchase. If you own a node, intended for agricultural production, then begin to grow appropriate crops for 3 years (if a longer period is not established by law).
This interval does not include the period of development of the site, as well as the time during which the Earth could not be used to be appointed due to natural disasters or other circumstances. If it is revealed that the owner uses the site inappropriately, the land will be sold from public traders either the state will bought out for their own needs. Funds reversed from the sale will be transferred to the former owner (less expenses for trading and conducting trading). In contrast to other cases of seizure of the site, the requisition due to improper use can be prevented. To do this, it is necessary to start mastering the station and pay a penalty for the administrative offense in the time limits specified in the warning.
Photo: Legion-Media
Seizure procedure
In order to identify land plots that are used with violation of the rules, the Federal Agency for Real Estate Objects and its territorial bodies hold a scheduled or unscheduled administrative survey of incidents. In recent years, modern technical means are actively used for these purposes - aerial view of the terrain, for example, with the help of quadcopters. According to the results of the survey, the act is drawn up. If violations are revealed, the state land supervision authority issues the assignment to the owner. At the same time, a penalty is prescribed for the inadequate use of land in size from 0.3 to 0.5% of the cadastral value of the site, but not less than 3 thousand rubles.If violations are not eliminated by the owner in the deadline established in the act (usually it is 30 days), the authorized state or municipal authority again appoints a penalty of a fine. Its size for negligent landowners is from 10 to 20 thousand rubles. When the owner continues to ignore the legal requirements, employees of the State Land Supervision service appeal to the executive authority of the constituent entity of the Russian Federation, which, in turn, has the right to transfer the case to the court to remove and sell the land plot from public auctions.
Within ten days from the date of entry into force of the judicial act on the withdrawal of the Earth (or from the date of decision on the details), the executive authorities are obliged to contact Rosreestr to issue the termination of ownership of land. In addition, you must send a message to the tax inspection, which is given to seven days. In the six-month period from the date of entry into force of the decision of the court on the seizure of the site, local authorities, if necessary, organize cadastral works and conduct public auction.
If the latter are recognized as invalid, the land plot for 2 months can be acquired in state or municipal property at the initial price. When the owner of the site does not agree with the decision to withdraw, the authorized state body has the right to present the requirement to sell the Earth to the Court. Preparation of documents for seizures of sites is an incredibly long and complex process. Perhaps that is why cases of forced alienation of land are still rare. However, the legislator improves the regulatory framework, and the practice shows that the effective seizure mechanism is necessary.
Non-use by destination
The authorities have the right to withdraw a land plot when it is not used for its intended purpose, that is:
- Agricultural crops do not cultivate on arable land and do not process the soil, or claying and (or) Pashny's procurement is over 15% of the area.
- The territory does not make grass, or the content of weeding plants in the grasslace exceeds 30% of the area area;
- In pastures, cattle does not fall out;
- On the lands with perennial plantings, the harvest is not removed and the stumps do not harbor;
- deployment and (or) proclamation of agricultural land (but not arable land) exceeds 30%;
- Clocharity and (or) Wildarting is over 20% of the area.
