The procedure for the withdrawal of land plots for public needs in exchange for compensation has been established
01/07/2022 14:20
The procedure for the withdrawal of land plots for public needs in exchange for compensation has been established
01/07/2022 14:20
Tashkent, Uzbekistan (UzDaily.com) -- The Law "On Procedures for the Withdrawal of Land Plots for Public Needs with Compensation" was signed by the President of Uzbekistan.
In accordance with the Law, the withdrawal of land plots with compensation for the following purposes is recognized as public needs:
- provision of land for the needs of defense and state security, protected natural areas, creation and functioning of free economic zones, free trade zones;
- fulfillment of obligations arising from international treaties of the Republic of Uzbekistan;
- exploration and development of mineral deposits (with the exception of deposits of common minerals);
- construction (reconstruction) of roads and railways of republican and local significance, airports, airfields, air navigation facilities and aviation technical centers, railway transport facilities, bridges, subways, tunnels, engineering facilities and lines of the energy and communications system, space activities, main pipelines, engineering and communication networks, irrigation and melioration systems;
- execution of approved master plans for settlements in terms of construction of facilities at the expense of the State budget of the Republic of Uzbekistan;
-implementation of projects involving the construction of buildings and structures of state institutions of education, health care, culture and medical and social services at the expense of centralized investments, specified in state investment programs.
It is prohibited to interpret the withdrawal of land plots for any other purposes as a withdrawal for public needs.
Meetings of the Jokargy Kenes of the Republic of Karakalpakstan, local Kengashes on preliminary consideration of the initiative to withdraw a land plot are held openly with the participation of media representatives and the public.
After the decision of the local Kengash on the withdrawal of the land plot, the khokimiyats work to reach an agreement with the right holders on the terms, types and amount of compensation.
In case of failure to reach an agreement with the right holder, it is not allowed to take actions that prevent the right holder from freely disposing of the real estate objects belonging to him, create conditions for obstructing the worthy life of the right holder in order to force him to sign the agreement.
This Law shall enter into force three months after its official publication.
In accordance with the Law, in connection with the withdrawal of a land plot, compensation is subject to:
the market value of real estate objects located on the withdrawn land plot;
market value of the right to the withdrawn land plot (except for the right to lease to agricultural land plots);
the market value of perennial plantations located on the withdrawn land plot;
expenses associated with moving, including temporary rent of another real estate object;
lost profit that could have been received from the use of the land plot and real estate objects located on it (this takes into account the profit that could be received from the moment the land plot and real estate objects located on it were vacated until the restoration of the previous activity, but not more than 1 year , or the profit that could be made from the seasonal crop);
other costs and losses of the right holder provided for by law or agreement.
As compensation, one-time payment in the amount of 5 percent of the market value of real estate located on a land plot is made for the inconvenience caused to the right holder in connection with the withdrawal of the land plot.
In accordance with the law, in the presence of unauthorized residential (non-residential) premises, industrial and other buildings and structures on the seized land plot, owned in accordance with the law by the right holder, their market value is also subject to compensation in full.
Persons who own in good faith, openly and continuously for fifteen years (acquisitive prescription) residential premises that do not have title documents for this residential premises, located on a land plot, are reimbursed for the cost of these real estate objects in case of confirmation of payment of taxes on these real estate objects.
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