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Article 63. The beginning and termination 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. A resolution of the Government of the Republic of Kazakhstan or a local executive body in accordance with the competence provided for by the Land Code of the Republic of Kazakhstan is adopted on the commencement of compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs in exceptional cases and in accordance with the procedure provided for in Article 84 of the Land Code of the Republic of Kazakhstan.
2. The resolution on the commencement of compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs shall specify:
1) the purpose and grounds of compulsory alienation for state needs;
2) location, area, cadastral number of the land plot;
3) the owner of the property or a non-governmental land user;
4) the date of compulsory alienation, but not earlier than three months from the date of the official publication of this resolution;
5) the place of application of the owner or non-governmental land user for the implementation of conciliation procedures.
If amendments are made to the said resolution in terms of subitems 2) and 4) of this paragraph, the procedure of compulsory alienation for state needs is repeated from the date of publication of the resolution on amendments and additions to this resolution.
The said resolution, if necessary, may contain other information related to the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs.
3. In cases where the adoption of the resolution referred to in paragraph 2 of this article falls within the competence of a higher executive body, the preparation of materials for the adoption of this resolution, as well as for filing a claim in court and representing its interests in court, is carried out by the lower executive body at the location of the land plot.
4. The executive body that has adopted the resolution referred to in paragraph 2 of this article has the right to terminate the procedure of compulsory alienation for state needs by adopting a resolution on termination of compulsory alienation for state needs.
5. The resolutions referred to in paragraphs 2 and 4 of this article are subject to publication, respectively, in the republican or local mass media, including the Internet resources of executive bodies, within three working days from the date of their adoption.
6. The resolution referred to in paragraph 2 of this Article may be appealed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
7. If the right of private ownership of a land plot is not registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the owner, after adopting the resolution referred to in paragraph 2 of this article, may take the necessary measures to confirm the right of private ownership of the land plot in respect of which the resolution was adopted.
In this case, the period of compulsory alienation for state needs, established by the resolution referred to in paragraph 2 of this article, is extended for no more than one year.
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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