Konstantin Boytsov explained to RZD-Partner the regulations on the withdrawal of land plots for significant construction projects
In the summer of 2024, the construction of the first high-speed railway between Moscow and St Petersburg was launched. The railway will pass through Tver and Veliky Novgorod, and about seven thousand land plots are to be purchased for its construction.
Konstantin Boytsov, Head of Real Estate & Constructon Practice at Maxima Legal, confirmed to RZD-Partner publishing that the construction of federal, regional or local facilities in the absence of other possible construction options is one of the grounds for seizing a land plot from the owner.
‘The adoption of a decision on withdrawal is preceded by the publication by the authorised body on its official website of a notice on the planned withdrawal of land plots for public needs, as well as the placement of information on information boards within the boundaries of a populated area – municipal formation at the location of the relevant land plots,’ the expert continued.
Within 10 days from the adoption of the decision on the withdrawal of land plots, the authorised body that adopted such a decision shall place the announcement on the withdrawal on its official website.
The decision is also duplicated in municipal legal acts, and the right holders of land plots receive a copy of the decision on withdrawal with a notice of delivery. According to Konstantin Boytsov, the owner is also sent a draft agreement on the seizure of real estate and then the authorised body that made the decision on seizure, or the organisation on the basis of whose petition the decision on seizure was made, negotiates with him.
In addition, Konstantin added that the decision to seize is valid for three years from the date of its adoption and can be appealed in court within three months from the date of notification of the owner of the seized property.
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