A new law that changes the mechanism for the withdrawal of agricultural land plots
Federal Law No. 507-FZ dated 05.12.2022 changes the mechanism for the withdrawal of agricultural land plots. In particular, Article 6 of Federal Law No. 101-FZ of July 24, 2002 was amended to establish the withdrawal of an agricultural land plot from the owner by a court decision if, within the framework of federal state land control:
as of the date of the control (supervisory) measure, the fact of non-use of the agricultural land plot for its intended purpose for 3 or more years was revealed;
as of the date of the control (supervisory) measure, such site has been used in violation of the legislation of the Russian Federation for at least 3 consecutive years from the date of detection of this violation within the framework of supervision;
the site is used in violation of the legislation of the Russian Federation, resulting in a significant decrease in the fertility of agricultural land or causing harm to the environment;
the acquired agricultural land plot is not used for its intended purpose after 1 year from the date of its acquisition (no agricultural activity is carried out).
In case of non-elimination of violations, an order is issued to the owner. In case of non-fulfillment of the requirements specified in such an order, an administrative penalty is imposed and within a period not later than 10 working days from the date of entry into force of the decision to bring the guilty person to administrative liability for failure to comply with such an order, the authorized body:
1) send materials confirming the non-elimination of offenses to the authorized executive body of the constituent entity of the Russian Federation;
2) submits an application to the Rosreestr on the impossibility of state registration of the transfer, termination, restriction of ownership of the site or encumbrance of such a site before the completion of the court's consideration of the case on its withdrawal due to non-use for its intended purpose or use in violation of the legislation of the Russian Federation.
The owner of the land plot is not entitled to pledge such a land plot, make transactions aimed at transferring, terminating the ownership of such a land plot. This opportunity will allow to stop the fictitious sale of land by irresponsible owners who, having received a warning, renounced their ownership of the land or sold it before the start of the trial.
After 2 months, these authorized bodies apply to the court with a request to withdraw such a land plot. And after 4 months from the date of entry into force of the court decision, public auctions are held for the sale of such a land plot.
The proceeds from the sale of a land plot at a public auction or the acquisition of such a land plot into state or municipal ownership are paid to the former owner of the land plot, minus the costs of preparing and conducting public auctions, including works to assess the market value of such a land plot and surveys in in accordance with 101-FZ.