LAW OF THE AZERBAIJAN REPUBLIC

of April 20, 2010 No. 987-IIIQ

About withdrawal of lands for the state needs

This Law regulates withdrawal of lands for the state needs in the Azerbaijan Republic, rules of charge and payment to compensation connected with it, and also other relations arising between the parties in this sphere.

Chapter I. General provisions

Article 1. Basic concepts

1.1. For the purpose of this Law the following concepts are used:

1.1.1. withdrawal - acquisition by the state at the owner in voluntary or forced procedure in case of earth payment term (its certain part) which is in municipal or private property for the state needs by the termination of the property rights, use and lease on this earth (its certain part), including established in connection with use by this earth of encumbrance (restriction), and also withdrawal at the user or the lessee of the state lands which are in use and or (in lease), on condition of the corresponding compensation.

1.1.2. the earth - the parcels of land which are in property concerning which exist or do not exist rights to use or leases, and also encumbrances (restriction) for use of the parcel of land, the parcels of land, buildings, constructions and other things firmly connected with the earth (inseparable from it), that is objects which cannot be moved without causing disproportionate (excessive) damage to their appointment;

1.1.3. structure - any property which is closely connected with the earth which cannot be moved without causing disproportionate damage, including the building (residential and non-residential premises), construction, country houses, walls, fences, unfinished structures (construction in progress) and other similar objects;

1.1.4. the earth which underwent to the procedure of withdrawal - the earth determined by the withdrawing body for the purpose of entering into the offer connected with withdrawal of the earth according to article 18 of this Law;

1.1.5. the withdrawn earth - the earth on which the relevant decision is made on withdrawal for the state needs according to article 19 of this Law;

1.1.6. compensation - the compensation provided to persons which underwent based on this Law to withdrawal of the earth or withdrawal of land rights, and expressed in cash, property or other form;

1.1.7. date of census - start date of collection according to article 11 of this Law of information about persons who underwent to the procedure of withdrawal for the purpose of resettlement and provision of entitlement to compensation, and the lands which underwent to withdrawal;

1.1.8. the claimant - the person who underwent based on this Law to the procedure of withdrawal and wishing to receive compensation;

1.1.9. inconveniences - expenses to which underwent or which were incurred by the claimant as a result of withdrawal of the earth, and any pecuniary damage connected with resettlement, including directly not based on the earth price established by this Law (taking into account all reasonable expenses required in connection with resettlement according to the plan of resettlement);

1.1.10. compensation for inconveniences - compensation, the stipulated in Article 66 these Laws;

1.1.11. unprofitable impact - reduction of the amount of market price or the price of recovery of the available earth or the kept (not withdrawn) earth along with the withdrawn earth in connection with implementation of the project which served to emergence of the state needs in the withdrawn earth including construction of the new structure (object) provided by the project or appointment or use (operation) of this structure;

1.1.12. group on withdrawal of the earth - the group created based on article 22 of this Law for implementation of process on withdrawal of the earth;

1.1.13. market price - the price established according to article 58 of this Law;

1.1.14. the recovery price - the price established according to article 59 of this Law;

1.1.15. the notice in connection with ownership of the earth - the document issued by the withdrawing body according to article 46 of this Law;

1.1.16. public meeting - meeting, the stipulated in Article 15 these Laws;

1.1.17. the state needs in withdrawal of the earth - circumstances, the stipulated in Clause 3 presents of the Law on which lands can be withdrawn based on this Law;

1.1.18. the notice on purchase and sale - the document filed by the claimant to the withdrawing body according to article 48 of this Law with the requirement about withdrawal of the earth;

1.1.19. the commission on resettlement - the commission created based on article 40 of this Law;

1.1.20. the plan of resettlement - the plan provided by Chapter 5 of this Law;

1.1.21. the instruction for resettlement - the instruction connected with resettlement provided by Chapter 5 of this Law;

1.1.22. the kept earth - the part of the earth remaining with person which underwent to the procedure of withdrawal in case of withdrawal for the state needs of certain part of this earth.

Article 2. The legislation on withdrawal of lands for the state needs

2.1. The legislation on withdrawal of lands for the state needs consists of the Constitution of the Azerbaijan Republic, the Land Code, the Civil Code, the Housing Code of the Azerbaijan Republic, this Law, other regulatory legal acts of the Azerbaijan Republic and agreements which participant she is.

2.2. Provisions of this Law do not extend to the Alyatsky free economic zone.

Article 3. The state needs which are the basis for withdrawal of lands

3.1. Based on this Law the state needs based on which lands can be withdrawn are:

3.1.1. laying and installation of roads and other lines of communication (main petro - and gas pipelines, the sewerage, electric lines of high voltage, hydraulic engineering constructions) the state value;

3.1.2. ensuring reliable protection of frontier on borderland;

3.1.3. construction of facilities of defense value and objects of safety;

3.1.4. construction of facilities of the mining industry of the state value.

3.1.5. increase in the territory of seaport.

3.2. Lands can be withdrawn for the state needs only in the cases provided by this Law.

Article 4. The main powers of the state connected with withdrawal of lands

4.1. Any earth or share (shares) of the earth which is in equity property, necessary for the state needs according to article 3 of this Law can be withdrawn by the state according to this Law on condition of payment of compensation based on the agreement with the owner (owners), and in case of non receipt of such consent, forcibly based on the judgment which took legal effect.

4.2. The state shall use the best efforts for reaching an agreement with persons which underwent to the procedure of withdrawal, and payment for this earth of market price or the price of recovery and before accomplishment of this obligation cannot use the appropriate authority established by this Law on withdrawal.

Article 5. Lands which can be withdrawn

5.1. The following lands can be withdrawn according to this Law for the state needs irrespective of stay them in use, lease and irrespective of the established encumbrances (restrictions) for use of the parcel of land:

5.1.1. the lands which are in private property;

5.1.2. the lands which are in municipal property.

5.2. Rights to use and leases on the lands which are in state-owned property are also withdrawn for the state needs.

Article 6. The body withdrawing lands for the state needs

6.1. The body withdrawing lands for the state needs (further the withdrawing body), is established by the decision on availability of the state needs in withdrawal of the earth made in the stipulated in Article 9.1 presents of the Law procedure and on behalf of the state performs in specific case withdrawal of the earth for the state needs.

6.2. In case of establishment of the withdrawing body the activities of data of bodies, their financial and other necessary opportunities required for implementation of the offered project established by the legislation are considered.

6.3. The relevant organ of the executive authority for the purpose of ensuring compliance by the withdrawing body of requirements of this Law can lay down the certain conditions connected with withdrawal of the earth which are not limited to the following:

6.3.1. carrying out the public consultations connected with the offered withdrawal;

6.3.2. determination of types and the amount of compensations which are subject to payment to the claimant in addition to the offered compensation;

6.3.3. the plan of execution of process of withdrawal of lands for the state needs or its part;

6.3.4. determination of types of compensations, forms and terms of their payment.

6.4. The withdrawing body bears responsibility for implementation of withdrawal of the earth, and all other bodies (organizations) which are taking part in process of withdrawal of the earth, shall provide served the withdrawing body of the address within necessary terms.

Article 7. Person which underwent to the procedure of withdrawal

7.1. The person moved from the earth and losing the right to accommodation on this earth and the use of it owing to withdrawal of the earth or its certain part undergoing decrease in quantity, cost or usefulness of the earth and other property, fully or partially deprived of opportunity to continue the business activity, losing place of employment, deprived of possibility of general use, undergoing any other losses or reduction of property or means for accommodation is recognized person which underwent to the procedure of withdrawal.

7.2. Person which underwent to the procedure of the withdrawal having the right to receive in the procedure established by this Law compensation taking into account losses and deprivations, the stipulated in Article 7.1 presents of the Law.

7.3. Taking into account article 7.1 of this Law, and also on condition of observance of provisions of article 11 of this Law by persons who underwent to the procedure of withdrawal are recognized also following:

7.3.1. persons having the property rights which underwent state registration, uses or leases on the earth, and also the legitimate rights of use or lease which are not requiring by the legislation of state registration;

7.3.2. the persons having during census legal, which however did not undergo the state registration of the property right, use or lease on the earth supported by written instruments (acceptance or the conclusion to the introduction of this Law owing to acts of the state bodies or municipalities and agreements forming the basis for emergence of the property right, use or lease on the earth without observance of requirements of the legislation cannot come down the basis for recognition of the rights of person to Earth illegal);

7.3.3. persons performing short-term use by the earth based on the agreement with the lessee confirmed with oral or written mathematical evidences as the secondary lessor, the user as transferring to use to the third parties or the user;

7.3.4. persons living on the earth based on the long-term use forming the basis for emergence of land right recognized by the law;

7.3.5. persons which do not have legitimate rights for the earth on which they live.

7.4. The faces referred to the categories provided by articles 7.3.1-7.3.4 of this Law are provided with compensation and other help connected with loss of the earth by them based on provisions of this Law.

7.5. The faces referred to category, the stipulated in Article 7.3.5 these Laws, except for real estate are provided only with the help connected with their resettlement, and the help directed to compensation of the damage caused in case of resettlement to personal estate of these persons.

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