“Some misunderstood the information and spread on social networks that payments would be made based on the minimum cadastral value. In fact, the cadastral value, in my opinion, will be used as a basis for tax calculations,” Pluzhnik noted.
According to him, if the draft becomes law, the expropriation of land plots will occur exclusively at market value.
The lawyer also added that after a decision on expropriation is made, the owner must provide access to representatives of the authorized body for the assessment of the plot.
“I advise not to resist. Upon receiving a notification by mail or in another way, you are obliged to allow appraisers onto your land and lawful buildings,” he emphasized.
Pluzhnik also noted that the decision on expropriation does not mean that the buyout will happen immediately.
“The buyout is possible only if funds are available. Moreover, the owner has the right not to transfer the plot until full settlement with him,” he said.
The lawyer paid special attention to the rules regarding the owner's participation in the creation of the contract.
“Owners are given the opportunity to participate in the development of the buyout or voluntary donation contract, but the draft does not specify how to implement this right: what deadlines, who invites, and what to do in case of disagreement with the terms,” Pluzhnik added.
He noted that the document does not outline clear procedures and a standard form of the contract.
“The deadlines for payments, the procedure for relocation, compensation for moving expenses, and banking aspects are not specified. All of this should be included in the contract, but the draft does not provide clear instructions on how this will be formalized,” the lawyer noted.
Pluzhnik added that the lack of clear logistics could lead to disputes and difficulties for owners.
Reference
The State Agency for Land Resources, Cadastre, Geodesy, and Cartography has developed a procedure for the expropriation of land plots for public and state needs.
The corresponding draft resolution of the Cabinet of Ministers has been submitted for public discussion.
Main Objectives of the Project
The project aims to establish a transparent and fair procedure for land expropriation, protect the rights and legitimate interests of titleholders, and reduce social risks associated with relocation and loss of sources of income.
The developers emphasize the need to create a legal framework for the effective implementation of investment and infrastructure projects, including agro-industrial logistics complexes and measures for climate change adaptation.
Key Provisions
- clear definition of the procedure and stages of land expropriation;
- conducting socio-economic studies and public hearings;
- establishing rules for calculating and paying compensation based on market value and losses;
- defining the duties and powers of authorized bodies;
- implementing mechanisms for reviewing complaints and resolving disputes.
Expropriation of land plots is proposed to be considered as a last resort.
As the developers state, in the context of an increasing number of infrastructure projects and a shortage of available land, authorities face a lack of detailed regulations, leading to disputes and litigation.
Expected Results
- The adoption of the resolution, according to government estimates, will ensure:
- increased legal certainty and transparency of procedures;
- reduction of social tension and the number of conflicts;
- acceleration of the implementation of infrastructure and socially significant projects;
- strengthening public trust in government institutions.
- Social and financial consequences
