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Earth to authorities

Local administration have acquired the right to alienate the land lots
Yesterday, President Victor Yushchenko signed the law allowing local and central authorities to withdraw plots necessary for building of infrastructural projects. Holders of expropriated plots can obtain money compensation or similar allotments.
Delegates of Kyiv council consider the document will allow accelerating the realization of construction projects, including urgent need for realization of Euro-2012.

Having signed the law, Victor Yushchenko for the first time in history of Ukraine has approved the right to compulsorily to alienate the earths for linear objects building of transport and energy infrastructure, educational institutions, urban parks, protective hydraulic engineering structures, and also for placing of objects of naturally reserved fund and the objects connected with mining operations.

Ministry has the right to redeem now the earth under objects, important for national security and defense, or for placing of foreign diplomatic representatives and consulates.

Holders of expropriated land lot can expect for reception of money compensation in a rate of earth cost and the property possessed on a plot, and also moral damage and accompanying costs. The size of indemnification will be advanced by the appraiser state nominated, and the results of the estimation will be affirmed with corresponding jurisdiction. Indemnification, at will of the holder, can be replaced by the alternative land lot in cost no more than 10 % above the estimated one, provided of difference excess fare. Thus, the law lets one year for owner to make a decision for land acceptance. After that alienation should be made under compulsion, and with trial. Thus officers will receive plots for Euro-2012 objects construction not earlier the beginning of 2011.

Alienation of land lots in Ukraine has not been legislatively settled yet. But it did not prevent authorities to agree to with land owners.Vadim Gurzhos, head of Ukravtodor, noticed that the law had started to operate, it was necessary to accept a number of normative acts:" It will allow Ukraine to promote in realization of large infrastructural projects – highways and the airports”.

Among lacks of the law experts mark too big authorities local bodies are endowed. Majority of countries regulate land question with central authority council. Considering the formulation ' for social needs ' that is dim, the document contains can become the instrument for banal repartition of the property rights to the earth. Here is the prognosis of the Political and Economic Analysis Center.


Source: Kommersant Ukraine

 

 
   
 
 

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