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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 2, 2009 No. 58

About some measures for protection of property rights in case of seizure of land for the state needs

(The last edition from 04-09-2018)

For the purpose of enhancement of legal regulation in the field of protection of property rights of owners and other persons in connection with withdrawal of the parcels of land at them for the state needs * and demolition of the real estate units located on them ** I decide:

______________________________

* For the purposes of this Decree the term "state needs" matters, determined in Item 10 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 1/9264).

** For the purposes of this Decree the term "real estate units" means the apartment houses which are in property of citizens or the organizations, apartments in the blocked or apartment apartment houses, structures, constructions and the plantings in case of them including which are in equity or joint property.

1. Approve the enclosed Regulations on procedure for realization of property rights of citizens and the organizations in case of withdrawal of the parcels of land at them.

2. Determine that the parcel of land can be provided by authorized local executive committee for the state needs only after its withdrawal at the former land user, the land owner, the owner or the lessee (further - the land user) according to the legislation on protection and use of lands taking into account requirements of this Decree.

Unreasonable seizure of land for the state needs is not allowed.

3. Voided

4. Local executive committee or according to its decision person to whom the parcel of land is provided shall before decision making about withdrawal of the parcel of land for the state needs offer and provide at the choice of the owner of the apartment house or the apartment in the blocked or apartment apartment house (further if other is not established, - the apartment) (shares in the right of common property to premises) realization of one of its rights:

in property of the apartment of standard consumer qualities and also if market value of the provided apartment is less than market value of subjects to demolition of the apartment house or apartment, structures, constructions and plantings in case of them (shares in the right of common property to the respective real estate), - monetary compensation in the amount of this difference;

monetary compensation for the demolished apartment house or the apartment, structures, constructions and plantings in case of them (for the termination of the property right to share in common property) in the amount of their market value, but at least the size of the costs necessary for construction of the equivalent apartment house or the apartment, structures, constructions.

5. The local executive committee in the presence of the objective opportunity including confirmed with the master plans of the cities and other settlements, town-planning projects of detailed planning approved according to the legislation shall offer the owner of the apartment house (share in the right of common property to premises) in addition to the rights provided in item 4 of this Decree, realization of one of its rights on:

construction and (or) obtaining in property of the apartment house, structures, constructions and plantings in case of it (share in the right of common property to the respective real estate), equivalent on improvement and total area taken down;

transfer and recovery of the demolished apartment house, structures, constructions and plantings in case of it.

At the same time issues of provision to the land user of other parcel of land instead of withdrawn are in accordance with the established procedure resolved.

The Minsk Gorispolkom before decision making about withdrawal of the parcel of land for the state needs shall offer the owner of the demolished apartment house (share in the right of common property to premises) which is on the parcel of land in Minsk in addition to the rights listed in item 4 of this Decree and part one of this Item, realization of the right to provision to it out of turn and without holding the auction of the parcel of land on the corporeal rights, stipulated by the legislation for construction and servicing of the apartment house in any other settlement of the Republic of Belarus with payment of the monetary compensation provided in paragraph three of item 4 of this Decree.

According to the petition of the Minsk Gorispolkom the local executive committee which competence includes decision making about provision of the parcel of land in the settlement selected by the owner of the demolished apartment house (share in the right of common property to premises) shall provide it such site in the presence of the objective opportunity including confirmed with the master plans of the city and other settlement, town-planning projects of detailed planning approved according to the legislation.

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