Article 61. The subject and general conditions of compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs Chapter 6. COMPULSORY ALIENATION OF a LAND PLOT OR OTHER IMMOVABLE PROPERTY IN CONNECTION WITH THE SEIZURE OF A LAND PLOT FOR STATE NEEDS OF THE Law ON State Property
1. Compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs may be carried out exclusively with respect to a land plot.
If the right of private ownership of a land plot cannot be confirmed on the basis of information from the legal cadastre and (or) title documents, then compulsory alienation for state needs is carried out in respect of buildings, structures and other real estate objects (dwellings, residential buildings (residential buildings), residential premises (apartments), non-residential premises), located on this land plot.
2. The compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs may be carried out subject to the publicity of the compulsory alienation procedure. The lack of publicity in the presence of demands from the owner of the alienated property is the basis for refusing to alienate property for state needs.
3. From the moment the owner or a non-governmental land user receives a notification of the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs, the state has a preferential right to purchase it.
4. The protection of the rights of the owner of property alienated for state needs is carried out in court.
5. The owner or non-governmental land user of a land plot alienated for state needs after the adoption by the Government of the Republic of Kazakhstan or a local executive body of the resolution specified in paragraph 2 of Article 63 of this Law has the right to initiate conciliation procedures in accordance with Article 69 of this Law.
6. The rules on the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs also apply to cases where the land plot is in land use by an individual or a non-governmental legal entity, taking into account the specifics provided for in Article 67 of this Law.
The Law of the Republic of Kazakhstan dated March 1, 2011 No. 413-IV.
This Law defines the legal regime of state property, the legal basis for the management of State property, including property assigned to State-owned legal entities, and state-owned shares and stakes in the authorized capital of legal entities, the legal grounds for the acquisition and termination of rights to state property, and is aimed at ensuring the effective exercise by the State of the rights of the owner and holder of other rights. on state property.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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