Article 84. General provisions and principles of compulsory alienation of land for state needs of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 84. General provisions and principles of compulsory alienation of land for state needs of the Land Code of the Republic of Kazakhstan

1. A land plot may be forcibly alienated for state needs in exceptional cases, subject to equivalent compensation for property with the consent of the owner or a non-governmental land user, or by a court decision.

1-1. Exceptional cases are understood as the absence of any other way to meet government needs.

2. In exceptional cases, the state needs in the case of compulsory alienation of land plots are:

1) international obligations arising from international treaties ratified by the Republic of Kazakhstan;

2) provision of lands for the needs of defense and national security, specially protected natural territories, recreational, historical and cultural purposes, creation and functioning of special economic zones;

3) discovery and development of mineral deposits;

4) construction (reconstruction) of roads and railways, construction (reconstruction) of airports, airfields, air navigation facilities and aviation technology centers, railway facilities, bridges, subways, tunnels, energy systems and transmission lines, hydroelectric power plants, communication lines, facilities providing space activities, main pipelines, engineering and communication networks, oil refining facilities classified as strategic facilities, implementation of concession projects, public facilities in localities;

4-1) meeting the needs of the population in pastures for grazing farm animals of a personal farmstead, including public pastures specified in subparagraph 2) of paragraph 2 of Article 13 of the Law of the Republic of Kazakhstan "On Pastures", and in accordance with paragraph 1 of Article 15 of the Law of the Republic of Kazakhstan "On Pastures";

4-2) ensuring the population's need for land plots for individual housing construction in accordance with the general plan or scheme for the development and development of settlements;

5) execution of general plans of settlements regarding the construction of facilities falling under the list of exceptional cases established by this article, as well as the construction of facilities provided for by documents of the State Planning System of the Republic of Kazakhstan at the expense of budgetary funds and the construction of state social facilities (public schools and preschool organizations, hospitals and polyclinics), donated to communal property of a local executive body in accordance with this Code, the Laws of the Republic of Kazakhstan "On the special status of the city of Almaty, "On the status of the Capital of the Republic of Kazakhstan" and "On the special status of the City of Turkestan".

3. Compulsory alienation of a land plot for state needs is carried out in relation to a land plot that is privately owned or in land use (with the right of land use purchased or not purchased from the state).

Compulsory alienation of a land plot provided for land use for state needs, if the granted right is purchased from the state by a land user, is carried out with compensation to the land user for the cost of payment for the purchase of land use rights, and another land plot may be provided at his request in accordance with this Code and the legislation of the Republic of Kazakhstan.

If the granted right has not been purchased from the state by the land user, another land plot may be provided in return in accordance with this Code and the legislation of the Republic of Kazakhstan.

At the same time, compensation for losses to the land user in case of forced alienation of a land plot for state needs is carried out in full in accordance with the procedure established by the laws of the Republic of Kazakhstan.

4. Compulsory alienation of a land plot is allowed only to the extent necessary to meet state needs.

5. Any alienation that pursues commercial purposes and the purpose of satisfying non-governmental interests, or any other alienation that does not follow from the purposes of exercising state functions and does not pursue socially significant goals, may not be recognized as forced alienation of a land plot for state needs.

6. The compulsory alienation of a land plot for state needs is carried out subject to the publicity of the alienation procedure.

A resolution of the Government of the Republic of Kazakhstan or a local executive body on the commencement of compulsory alienation of a land plot is subject to publication, respectively, in the republican or local mass media, including the Internet resources of the executive bodies, within three working days from the date of its adoption.

7. Failure to comply with the provisions of this article is the basis for the court's refusal to forcibly alienate a land plot for state needs and the cancellation of a resolution adopted by the Government of the Republic of Kazakhstan or a local executive body on the commencement of forced alienation of a land plot for state needs.

8. The protection of the rights of persons from whom a land plot is alienated for state needs is carried out in court.

9. The owner or non-governmental land user of a land plot alienated for state needs in accordance with this Code, after adopting a resolution on the commencement of compulsory alienation of a land plot for state needs, has the right to initiate conciliation procedures in accordance with the procedure established by Chapter 6 of the Law of the Republic of Kazakhstan "On State Property".

The Land Code of the Republic of Kazakhstan dated June 20, 2003

President

Republic of Kazakhstan

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Қазақстан Республикасының 2003 жылғы 20 маусымдағы Жер кодексі

President

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