Article 62. Principles of the 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 is an exceptional case of alienation of property owned by individuals and non-governmental legal entities, and can be carried out only if it is impossible to use all other possible cases of alienation of property provided for by the Civil Code of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan.
2. Forced alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs is not allowed if there is another (alternative) a way to meet government needs.
3. Any seizure of property that pursues the commercial goals of non-governmental legal entities and the goals of satisfying non-governmental interests, or any other seizure of property that does not follow from the goals of exercising state functions and does not pursue socially significant goals, cannot be recognized as seizure of property for state needs. In these cases, the alienation of property is allowed by agreement between the owner of the property and a person pursuing commercial goals, on the basis of a contract of sale of property between them.
4. The compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs is allowed only to the extent necessary to meet state needs.
5. Failure to comply with the provisions of this article is the basis for a court's refusal to forcibly alienate a land plot or other immovable property in connection with the seizure of a land plot for state needs and the cancellation of the adopted resolution specified in paragraph 2 of Article 63 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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
