Comment to article 255. Termination of ownership of real estate in connection with the seizure of land and other natural resources of the Civil Code of the Republic of Kazakhstan
In accordance with paragraphs 2 and 3 of art.60 of the Decree on Land, it is allowed to seize (buy out) a land plot from a private owner or land user for state needs and to seize a land plot from a land user that is not used for its intended purpose or is used in violation of the law.
According to Article 63 of the Decree on Land, the grounds for the seizure (purchase) of land plots for state needs are general plans of cities and other settlements, zoning schemes of territories and other duly approved urban planning or land management documentation.
The decision on the withdrawal (purchase) of a land plot is made by the competent executive body and is subject to registration in accordance with the procedure established for state registration of real estate (paragraph 2 of art. 64 of the Decree on Land). The owner of the land plot or a non-governmental land user must be notified in writing about this by the body that made the decision on the purchase no later than one year before the upcoming purchase of the plot. The purchase of a land plot before the expiration of one year from the date of receipt by the owner or land user of such notification without the consent of the owner or land user is not allowed (paragraph 3 of art. 64 of the Decree on Land).
According to Article 65 of the Decree on Land, the owner or land user may be liable for the costs and losses caused by his actions related to new construction, expansion or reconstruction of buildings and structures on the land plot from the moment of state registration of the decision to purchase the plot.
The purchase price, which is determined by agreement with the owner or land user, includes the market value of the land plot or rights to it and the immovable property located on it, as well as all losses related to the loss of the land plot, including losses incurred in connection with the early termination of obligations to third parties (art. 66 of the Decree on Land). If the owner or land user does not agree with the decision on the purchase, with the purchase price and other conditions, the state body that made the decision on the purchase may submit in accordance with art. 67 of the Decree on land, a claim for the purchase of a land plot in court.
The Decree on Land in Articles 71-73 established the grounds and procedure for the seizure from a land user of a land plot that is not used for its intended purpose or used in violation of the law.
In accordance with clause 4 of Article 22 of the Decree on Subsoil, an exploration and/or production license is issued simultaneously with a geological and/or mining allotment, which are appendices to the license. A license is an unconditional basis for granting a land plot if it is necessary for conducting a subsurface use operation. Article 40 of the Decree on Subsoil provides for cases of license revocation, in connection with which the mining allotment is withdrawn and, accordingly, the right of ownership to immovable property is terminated, which occurs according to the rules of paragraph 3 of the commented article.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
