Приобретение права собственности на бесхозяйные линейные объекты в упрощенном порядке

Abstract

The article considers the model of transfer of ownerless immovable things into the ownership of public-law entities envisaged by Article 225 of the Civil Code. The special procedure for acquiring the title to ownerless immovable property cannot be regarded as a simplified version of the emergence of ownership rights of public-law entities under the statute of limitations. This procedure is of an exceptional nature, by its legal nature belongs to the powers of forced transfer of property into public ownership on a par with such extraordinary cases as requisition and confiscation. Extension of this procedure to private entities, which turn ownerless linear objects into their ownership, is not justified. Transfer of ownerless linear facilities by energy system operators into their ownership should be regarded as an acquisition of ownership rights to a component part included in an indivisible thing. This will allow to maintain the balance of public interests and the rights of the former owner.