On the issue of grounds for land withdrawal for state and municipal needs

Gudkov A. I., Krasilschikov A. V., Mishchenko V. I.

This article discusses both the grounds and problematic issues of land acquisition. According to the authors, the innovations introduced by the Federal Law N 499-FZ did not solve the problematic issues. In this regard, it is proposed to legislate the definition of state (municipal) needs, with the obligatory disclosure of the characteristics that determine them. The authors note that in some cases, citizens do not receive adequate compensation for the seizure of the land in their possession. State protection of public interests in the form of seizure of land for construction is an exceptional measure. The authors emphasize that the proper registration of rights to a land plot will allow the right to compensation in case of seizure to be realized. The seizure procedure must comply with the RF LC, the decision on the seizure of the site must be made by a certain body within the framework of its powers.

Keywords:land plot, public interests, needs, citizens, property, redemption, withdrawal, use, possession.