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Home arrow Monitoring of amendments and changes in legislation arrow Alienation of land in accordance with the new law
Alienation of land in accordance with the new law
In 17.11.2009 the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On the alienation of land and other real estate objects and, placed on private property for public purposes or for reasons of social necessity."

Thus, the Act stated that private property can be forcibly alienated in any state or municipal property only as an exception for reasons of public necessity and exclusively under the accommodation:
- Objects of national security and defense;
- Linear features and objects of transport and energy infrastructure (roads, bridges, overpasses, pipelines, power lines, airports, oil and gas terminals, power plants) and objects which are necessary for their operation;
- Objects associated with mining of national importance;
- Objects of nature reserve fund;
- Cemeteries;
- Facilities provided by the state target program of preparation and holding of the final part of the 2012 European Cup.

The Act does not apply to social relations that arise in the case:
- Repossession of land and other immovable property, placed on it;
- Exceptions (redemptions) of land or other real estate, which are placed under public and/or municipal property;
- Reimbursement of agricultural and forestry production in the case of redemption of land for public purposes;
- Findings of other civil-legal agreements for other reasons, rather than defined by this Law;
- Compulsory acquisition of land in conditions of war or emergency (requisition);
- Confiscation of land and other real estate placed on it;
- Purchase of historical and cultural monuments, which are being threatened to damage or destruction due to acts or omissions of the owner;
- Cessation of ownership of a person on the property, which can not belong to him.

Alienation of land pursuant to this Act, shall be subject to the following principles:
• if the owner of the land (or part thereof), which is alienated is also the owner of a dwelling house, other buildings, structures, perennial crops, placed on it, the requirement on the alienation of land is considered, along with a demand to cease ownership of these facilities;
• if the land is alienated/redeemed, a dwelling house, other buildings, structures or perennial plants placed on it are owned by several persons, the question of compensation/exclusion is addressed to each owner separately;
• in the case of alienating only a part land, and the rest of its area can not be rationally used for the intended purpose, at the request of the owner of land alienation is subject to all the land.

The new law also provides for appropriate changes to the Land Code of Ukraine, Civil Code, the Code of Administrative Procedure, the laws “On the procedure highlighted in nature (on district) land owners of land shares (shares)" and "On the valuation of lands”, etc.

Law of Ukraine dated to 17/11/09, the number 1559-VI came into force in 15/12/09.
 
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