Abstract
In this article, the author carried out a general analysis of land seizure for state and public needs on the basis of the legislation of national and developed countries. The author also touched upon what is meant by the state and public needs, the compensation of the owner for the property located on the seized land plot and the issues of property valuation. In addition, the article also included proposals on the development of legislation regulating this relationship.
Highlights
In practice, we can witness cases when private property rights to residential, building and structures, as well as commercial and service facilities, which in many cases belong to citizens, are to be abolished in connection with the seizure of land on which they are located, for public and public needs
The fact is that the compulsory seizure of property is a measure of punishment, and a measure arising from the needs of the state and the public, and when the property is forcibly seized, the owner is obliged to pay compensation
In the commentary to the Civil Code of the Republic of Uzbekistan, the concept of State and public needs is described as follows: " the possible needs that are essential for the implementation of state functions and, perhaps, can only be satisfied by the seizure of land plots
Summary
In practice, we can witness cases when private property rights to residential, building and structures, as well as commercial and service facilities, which in many cases belong to citizens, are to be abolished in connection with the seizure of land on which they are located, for public and public needs. The seizure of the land plot for the needs of the state and the public is a must in the legislation of many states.
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