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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 29, 2006 No. 97

About approval of the Regulations on procedure for indemnification to citizens and legal entities in connection with seizure of land for the state and social needs

(as amended on 27-11-2018)

According to the Housing code of the Republic of Uzbekistan the Cabinet of Ministers decides:

1. Approve Regulations on procedure for indemnification to citizens and legal entities in connection with seizure of land for the state and social needs according to appendix.

2. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Hanov N. M.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 29, 2006 No. 97

Regulations on procedure for indemnification to citizens and legal entities in connection with seizure of land for the state and social needs

I. General provisions

1. This Provision determines procedure for withdrawal of the parcel of land or its part, and also procedure of payments of the amount of compensation to citizens and legal entities for the taken-down residential, production and other buildings, constructions and plantings in connection with seizure of land for the state and social needs.

2. Withdrawal of the parcel of land or its part (further - the parcel of land) is made for the state and social needs in case of the consent of the land owner or in coordination with the land user and the lessee - according to the decision according to hokim of the area, the city, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent or according to the decision of the Cabinet of Ministers of the Republic of Uzbekistan.

In case of disagreement of the land owner, land user and lessee with the decision according to hokim of the area, the city, area or the decision of the Cabinet of Ministers of the Republic of Uzbekistan on withdrawal of the parcel of land this decision can be appealed in court.

3. Solutions on withdrawal of the parcel of land and demolition of residential, production and other buildings, constructions and plantings (daleeobjekta) are accepted according to master plans, and also drafts of the detailed layout and building of residential districts and residential districts of the cities and settlements.

Unreasonable demolition of residential, production and other buildings, constructions and plantings on the withdrawn parcels of land is not allowed.

3-1. Decisions on withdrawal of the parcel of land and demolition of residential, production and other buildings, constructions and plantings (further - objects) are accepted only in the following purposes:

provision of lands for needs of defense and state security, the protected natural territories, creations and functioning of free economic zones;

accomplishment of the obligations following from international treaties;

detection and development of mineral deposits;

construction (reconstruction) automobile and railroads, airports, airfields, objects of air navigation and aerotechnical centers, objects of rail transport, bridges, subways, tunnels, objects of power systems and power lines, communication lines, objects of space activities, bulk distribution lines, engineering and communication networks;

execution of master plans of settlements regarding construction of facilities at the expense of means of the Government budget of the Republic of Uzbekistan, and also in other cases which are directly provided by the laws and decisions of the President of the Republic of Uzbekistan.

Demolition of objects in case of seizure of land is allowed after the full recovery of market value of real estate and losses caused to owners in connection with such withdrawal.

The losses caused to physical persons and legal entities as a result of removal of illegal decision are subject to compensation by the state, first of all by extrabudgetary funds of the relevant state bodies with the subsequent collection from the perpetrator in recourse procedure.

4. Based on the decision of the Cabinet of Ministers of the Republic of Uzbekistan, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent of hokima of the respective areas (cities) pass the decision on withdrawal of the parcel of land and demolition of residential, production and other buildings, constructions and plantings.

Khokimiyats of the respective areas (cities) shall notify owners of residential, production and other buildings, constructions and plantings on the made decision in writing under list not later than six months prior to demolition, with appendix to the notification of copies of relevant decisions of Council of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent about withdrawal of the parcel of land, demolition of the residential, production and other buildings, constructions and plantings located on the parcel of land.

After acceptance of hokimama of areas (cities) of the decision on withdrawal of the parcel of land and demolition of the residential, production and other buildings, constructions and plantings located on the parcel of land, the above-stated apartment houses (apartments), structures, constructions and plantings are not subject to alienation to other persons.

5. The solution of hokim of the respective area (city) on demolition and approval of cost of the residential, production and other buildings, constructions and plantings which are subject to demolition can be appealed in Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent, and also judicially.

6. The cost of self-willedally built residential, production and other buildings and constructions is not subject to compensation.

7. In case of withdrawal of the withdrawn parcels of land to the companies, organizations and the organizations payment of compensations, provision of apartment houses (apartments) and provision of the temporary accommodation, and also covering of all costs connected with moving on the new place for the solution of hokim of the respective areas (cities) are made by these companies, organizations and the organizations.

8. Seizure of land is performed with condition of provision of the following types of compensation:

provision to citizens in property of other equivalent well-planned premises the area not below social norm of the area of housing and payment of cost of plantings;

payment to citizens of market value of the demolished apartment house, other structures, constructions and plantings, and also indemnification caused to owners in connection with withdrawal of the parcel of land;

provision to citizens of the parcel of land for individual housing construction within the mark with provision of the temporary accommodation on terms of the contract of hiring for the period of development of the parcel of land for up to two years with compensation in full market value of the demolished houses (apartments), structures, constructions and plantings, and also losses caused to owners in connection with withdrawal of the parcel of land;

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