Forced withdrawal of ransom for government needs

Forced foreclosure is a process in which a government or other government organization takes real estate, equipment, or other resources from individuals or organizations in the public interest, such as for the construction of a road, airport, etc.

           Article 26 of the Constitution of the Republic of Kazakhstan establishes that the compulsory alienation of property for state needs is carried out only in exceptional cases provided for by law, subject to the mandatory condition of its equivalent compensation. The seizure of land plots for state needs is provided for by legislative acts, and is carried out regardless of the conscientious behavior of its owner.

The retribution of the seizure of land plots from owners and land users is the main principle of the termination of the rights of legal entities and individuals. The procedure and mechanism for the seizure of land plots and the determination of its price are reflected in the norms of civil, housing, land legislation, as well as in a number of other regulatory legal acts (for example, in the Methodology for Assessing Real Estate when it is seized for State needs, approved by Order of the Minister of Justice of the Republic of Kazakhstan dated December 07, 2007 No. 329).

According to article 87 of the Land Code, land plot owners are guaranteed compensation for the value of the land plot, the amount, forms of payment and terms of payment of which are determined by Chapter 6 of the Law "On State Property".

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