Who and how will compensate for losses if the state decides to use your land

A bill has been submitted to the State Duma to clarify the cases when, with the restriction of rights, the landowner will be able to count on full compensation.

Background to the issue

A resident of Veliky Novgorod, Irina Butrimova, had a good plot of land for individual housing construction. The cadastral value of the land reached 5.8 million rubles. However, in 2015, the object fell into the boundaries of the protection zones of cultural heritage objects (we are talking about the "Khutynsky Varlaam Monastery" and "Lisitsky Monastery", buildings after restoration and in the ruins of structures). This was a decision of the regional authorities, which was not agreed with the owner. And for such territories, there are strict restrictions. For example, it is forbidden to build capital houses and plant trees. The type of permitted use began to be listed as “common land plots”. The price of real estate fell to 1 ruble.

Without 5.8 million rubles - legally

Butrimova went to court and was sure that the losses should be compensated. There is a 57th article in the Land Code (LK), which provides for compensation for restrictions on property rights caused by the state. However, the court denied the applicant compensation - it was not possible to prove the facts of infliction of damages, which led to the illegitimate actions of the local authorities. That is, the officials acted legally - rightfully. This means that there is nothing to compensate.

The woman asked to recognize the norms prescribed in Article 57 of the Labor Code as contrary to the Constitution. It turns out otherwise, when establishing the protection zone of a cultural heritage object - the owner of the land is limited in rights. The citizen loses significant funds and cannot count on payment. Butrimova appealed to the Constitutional Court (CC).

The Constitutional Court ruled in her favor. Unlawful actions may become grounds for compensation for incurred losses, and as the court emphasized, legitimate actions of the authorities too. The current procedure is marked by uncertainty. It is not clear how to compensate for losses if they have arisen due to lawful actions. So in March this year, subparagraphs 4 and 5 of paragraph 1 were found to be inconsistent with the basic law. And the Government initiated the amendment of Article 57.

New bill

The Cabinet of Ministers has submitted a relevant bill to the State Duma. The document clarifies the cases when the landowner is reimbursed for losses in full. The vague wording of the current law does not allow making a fair decision. The new bill contains a direct indication of compensation for losses when reserving a site for municipal and state needs, as well as when transferring land from one category to another without agreement with the legal owner and changing (or establishing) the boundaries of the inhabited item.

It is noted that the loss will also be considered lost profit (for example, if the owner planned to lease the object) associated with the establishment of a zone with special conditions of use. The politicians promise that the amendments will make it possible to recover damages in any case, including when the restriction of the rights of the owner or tenant was lawful. The State Duma Committee discussed changes in the Land Code on September 30. After revision, it is planned to adopt the bill in the near future.

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