Article 65. 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

Home / RLA / Article 65. 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. The compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs is carried out after the expiration of the time limits set out in the resolution specified in paragraph 2 of Article 63 of this Law, with the consent of the owner or a non-governmental land user, unless otherwise provided by the laws of the Republic of Kazakhstan, or by a court decision.

2. Compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs in order to implement concession projects may be carried out by local executive bodies at the expense of the concessionaire, provided that the land plots they purchased are transferred to the concessionaire on the terms and within the time limits stipulated by the concession agreement, but not later than the transfer of the concession object or the unfinished construction of the object state-owned concessions.

3. The basis for the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs is an agreement on the alienation of a land plot for state needs or a court decision.

The decision referred to in paragraph 2 of Article 63 of this Law, as well as violation of the procedure established by paragraphs 7, 8, may not be the basis for the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs that has not been challenged in court or revoked in accordance with paragraph 4 of Article 63 of this Law. 9 and 11 of this article.

4. Termination of the right of private ownership and the right of land use, as well as the right of the state to a land plot and other immovable property, are subject to state registration with the body carrying out state registration of rights to immovable property, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, on the basis of an agreement on the alienation of a land plot for state needs or a court decision and an application from the body, who adopted the resolution referred to in paragraph 2 of Article 63 of this Law.

5. The local executive body, within one month from the date of receipt of copies of title and identification documents for the alienated land plot or other immovable property, ensures that they are evaluated.

If the owner or a non-governmental land user does not provide copies of title and identification documents for the alienated land plot or other immovable property, the local executive body has the right to request them from authorized state bodies and (or) organizations.

6. Based on the results of the assessment of the value of the property being alienated for state needs, the local executive body prepares a draft agreement on the alienation of a land plot for state needs within ten working days and sends it to the owner or a non-governmental land user by mail with mandatory notification of delivery of the parcel. In the absence of a notification of delivery, the documents specified in this paragraph shall be sent again.

7. The agreement on the alienation of a land plot for state needs specifies:

1) the parties to the agreement, including the list of persons whose rights in relation to the alienated property will be terminated or restricted;

2) identification characteristics of the alienated land plot or other immovable property and their composition, including structures whose construction has not been completed;

3) rights to a land plot or other immovable property that are terminated;

4) the price for the alienated land plot, determined in accordance with the procedure established by Article 87 of the Land Code of the Republic of Kazakhstan and Article 67 of this Law;

5) the amount of damages to be reimbursed, including the value of immovable property, in case of their infliction in connection with forced alienation;

6) the term and procedure for payment of the price (value) for the alienated land plot or other immovable property in connection with the seizure of the land plot for state needs;

7) the term of transfer of the alienated land plot or other immovable property;

8) the procedure for financing government expenditures on the compulsory alienation of land or immovable property in connection with the seizure of land for state needs.

8. In the case of the provision of an equivalent land plot to replace the alienated land plot in the agreement on the alienation of land for state needs, in addition to the requirements contained in paragraph 7 of this Article, the following shall be indicated:

1) identification characteristics of a land plot or other immovable property provided to the owner or a non-governmental land user in place of the alienated one;

2) the market value of the land plot or other immovable property provided in place of the alienated;

3) the difference in value in the event that the price of the alienated land plot or other immovable property turns out to be higher than the price (value) of the land plot or other immovable property provided in place of the alienated, and the procedure for paying such difference;

4) rights to a land plot or other immovable property provided in place of the alienated one, which arise on the basis of an agreement on the alienation of a land plot for state needs.

9. In the case of compulsory alienation of a land plot in land use for state needs, the information reflected in paragraphs 7 and 8 of this article, with the exception of subitems 4) and 6) of paragraph 7 of this article, shall be indicated in the agreement on the alienation of a land plot for state needs.

10. From the date of receipt of the draft agreement on the alienation of a land plot for state needs, the owner or non-governmental land user expresses written consent (disagreement) with the draft agreement within twenty calendar days by submitting an appropriate application to the local executive body.

If there are proposals for a draft agreement on the alienation of a land plot for state needs by the owner or a non-governmental land user, conciliation procedures may be initiated in accordance with paragraphs 1-1 and 2 of Article 69 of this Law.

11. The local executive body submits to the relevant local representative body a draft agreement on the alienation of a land plot for state needs within one month from the date of receipt of a written statement of agreement with the draft agreement from the owner or non-governmental land user.

A draft agreement on the alienation of a land plot for state needs is considered by a permanent commission of a local representative body no later than two weeks from the date of its submission, with the obligatory invitation of the owner and persons whose rights in relation to the alienated property will be terminated or restricted.

Upon reaching an agreement with the owner or non-governmental land user of the property being alienated for state needs and other persons whose rights in relation to the alienated property will be terminated or restricted upon forced alienation, the agreement on the alienation of the land for state needs is approved by the executive body in coordination with the local representative body and signed by the owner or non-governmental land user.

12. If the owner or a non-governmental land user does not agree with the resolution specified in paragraph 2 of Article 63 of this Law, and (or) refuses to conclude an agreement on the alienation of a land plot for state needs after three months from the date of receipt of a written notification of the forced alienation of a land plot for state needs by the owner or non-governmental land user, but no later than (dates) of the implementation of the compulsory alienation specified in the resolution specified in paragraph 2 of Article 63 of this Law, The local executive body has the right to apply to the court with a claim for compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs.

Civil cases on claims for the compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs are considered and resolved within one month from the date of completion of the preparation of the case for trial.

13. In case of refusal of a claim for compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs, losses caused to the owner or a non-governmental land user as a result of filing a claim and adopting a resolution specified in paragraph 2 of Article 63 of this Law shall be reimbursed from budgetary funds.

14. The actual transfer of a land plot or other immovable property alienated for state needs in connection with the seizure of a land plot for state needs may be carried out only after the owner or a non-governmental land user, whose rights in respect of the alienated property are terminated or restricted upon compulsory alienation, receives an equivalent compensation made in accordance with the procedure established by this Law.

The state registration of the termination of the rights of the owner or non-governmental land user and the emergence of state rights to this property is carried out on condition that the body carrying out the state registration of rights to immovable property is provided with a document confirming the payment of compensation.

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

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