Article 94. The procedure for the compulsory seizure of a land plot that is not used for its intended purpose or used in violation of the legislation of the Republic of Kazakhstan, the Land Code of the Republic of Kazakhstan

     1. The compulsory seizure of land plots from land owners and land users, provided for in Articles 92 and 93 of this Code, shall be carried out in court at the request of the bodies exercising state control over the use and protection of land at the location of the land plot.

     In the event of a claim for the compulsory seizure of pledged land on the grounds provided for in Articles 92 and 93 of this Code, the pledgee must be notified of the commencement of the procedure for the seizure of such land.

     The notification to the mortgagee is sent by the relevant body exercising state control over the use and protection of land, which has filed a claim with the court.

     2. A claim for the compulsory seizure of a land plot in the case provided for in Articles 92 and 93 of this Code shall be filed after the application of the penalties provided for by the Code of the Republic of Kazakhstan on Administrative Offences and after the expiration of the prescription for the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan, given to the owner of the land plot or land user.

     When conducting preventive control with a visit to the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan, a claim for the compulsory seizure of a land plot in the cases provided for in Articles 92 and 93 of this Code shall be filed upon the expiration of an order to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan, given to the owner of the land plot or land user.

     The deadline for taking measures to use a land plot for its intended purpose is one year, and for eliminating violations of the legislation of the Republic of Kazakhstan – three months from the moment violations of the legislation of the Republic of Kazakhstan are detected, with the exception of irrational use of agricultural land.

     The deadline for taking measures for the rational use of agricultural land for farming or agricultural production is set at one year.

     An order to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan as an encumbrance of the right to a land plot is subject to state registration in accordance with the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property".

     The encumbrance of the right to a land plot specified in part five of this paragraph does not limit the right of the land plot owner or land user to alienate the land plot or land use rights and passes to the new rightholder in accordance with the legislation of the Republic of Kazakhstan.

     Upon expiration of the period for the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan, a claim for the compulsory seizure of a land plot is submitted to the new rightholder.

     2-1. If a land plot that is not used for its intended purpose or is used in violation of the legislation of the Republic of Kazakhstan is subject to compulsory alienation for state needs in accordance with Article 84 of this Code, the relevant body exercising state control over the use and protection of land has the right to terminate the procedure for compulsory seizure of the land plot on the basis of a petition from the local executive body that adopted a resolution on the beginning of the compulsory alienation of the specified land plot for state needs.

     3. In case of compulsory seizure of a land plot from the owner of the land plot or a land user by a court decision on the grounds specified in Articles 92 and 93 of this Code, the ownership right to the land plot or the right of land use (in relation to the lease rights to the land plot purchased from the state) is sold at auction (auctions) in accordance with the procedure established by civil procedural legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

     4. In case of compulsory withdrawal of a land plot provided free of charge from the owner by a court decision on the grounds specified in Article 92 of this Code, this land plot is credited to a special land fund for further redistribution without reimbursement of the cost to the owner of the land plot.

     In this case, such an owner (provided that the seized land plot was provided on the basis of subparagraph 2) of paragraph 3 of Article 9 of this Code) has the right to re-receive the land plot free of charge for the same purposes, subject to the provisions established by Article 96-1 of this Code.

     5. The proceeds, after deducting the costs of compulsory seizure of the land plot and payment to the mortgagee in the amount of claims for obligations secured by the pledge of the land plot or land use rights, as well as payment to the former owner of the land plot or land user of the costs incurred for the acquisition of this land plot, are credited to the budget income.

    If it is impossible to sell such a land plot or the right of land use for it after at least three auctions (auctions) have been held within one year.: 

     A plot of land from agricultural lands is credited to a special land fund by a court decision.; 

     a plot of land from the lands of settlements is credited by a court decision to lands not involved in urban development activities intended for the territorial development of the settlement and the development of personal subsidiary farming.

 Land plots previously enrolled in a special land fund from the lands of settlements are subject to enrollment in lands not involved in urban development activities intended for the territorial development of the settlement and the development of personal subsidiary farming.

     6. A court decision on the compulsory seizure of a land plot that has entered into legal force is the basis for including a person from whom a land plot has been forcibly seized in the relevant register of persons from whom land plots have been forcibly seized.

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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