From the earliest times, agricultural land gave man everything that is considered the most necessary. That is why, at present, the legislator puts it in first place among all other categories. Next, we consider such a thing as the redemption of land from the state.
General information
The main purpose of the land in this category is the production of agricultural products. In other words, this territory acts not only as the basis for the implementation of activities. Agricultural land is primarily the main means of production. In this regard, in characterizing such a territory, the main and most important property is fertility. The legal regime governing relations in the agricultural sector has its own characteristics. In connection with the value of these territories to the population, the government establishes certain guarantees providing for the priority of use.
Basic concepts
The purpose of the land is the order, limit, and also the conditions for the use of the territory established by the current legislation for a certain activity in accordance with the categories. The mode of their use is determined by the totality of the rules of operation, inclusion in civil circulation, protection, accounting and monitoring. The above concepts are reflected in urban planning and land management documentation. Regimes of use and purpose of land are not considered constant categories. They are systematically reviewed by local and state governments. Categories of land are reflected in the relevant decrees and decisions on the issue of providing plots or determining a special regime for their use. These documents are accepted by executive and local authorities.
Categories are reflected in contracts, certificates and other papers certifying ownership of land. They are contained in documents on state registration of plots, real estate, cadastral documentation. For each type of land an authorized body is provided, which has the right to transfer a site from one category to another. Violation of the jurisdiction established by law may also serve as a basis for declaring transactions and acts invalid and for refusing state registration.
Buyback of agricultural land: general information
Corresponding agreements are usually concluded in accordance with the results of tenders and auctions. These activities are carried out in the manner prescribed by the provisions of the Land and Civil Codes. Tenders and auctions are organized by local administrative authorities in accordance with the law.
Primary requirements
The purchase of land in the property is regulated by Art. 8, paragraph 1 of the Federal Law, providing for the procedure for the turnover of the considered sections. In accordance with the regulation, the subject of the Russian Federation or the local authority has the pre-emptive acquisition opportunity (at the price for which these objects are put up). An exception is the value of land sold at public auction.
purpose
It is concluded in the regulation of relations, within the framework of which the redemption of municipal land and the preservation of agricultural territories in the possession of the constituent entities of the Russian Federation are carried out. The above regulation of one of the options for the turnover of sites is quite widespread in world practice.
This procedure, in accordance with which the redemption of agricultural land is carried out, is aimed at preventing various speculative actions in the agricultural market. It contributes to the formation of the most optimal conditions for the most efficient distribution of sites between participants in relations related to the turnover of territories. The established procedure provides state supervision of the relevant market sector and preventing the concentration of agricultural land in the hands of one individual. faces.
Conditions
Ownership of land is secured through an appropriate agreement. The law provides for a number of conditions of agreements that are previously recognized as invalid. These include, in particular:
- Limiting the subsequent disposal of the site through the implementation of any type of transaction.
- Establishing the right to buy back land by the seller on their own initiative.
- Limiting the liability of the original owner, if third parties claim the plots.
One of the essential in the contracts used in this area should be considered the conditions establishing:
- The subject of use.
- Purpose of use (agricultural production, the creation of restrictive plantations, educational, research and other tasks related to agricultural activities).
- Land value.
- Characteristics of real estate properties firmly associated with the site.
Subject of the contract
The redemption of agricultural land is carried out in the presence of a specially prepared and duly executed document. It is a site plan. In addition, the subject of the contract is characterized by technical and cadastral numbers, as well as other information that allows you to unambiguously distinguish the allotment from other real estate. In the absence of a site plan, it is made by the original owner - at his own expense or at the expense of the future owner (by agreement between them). If the above data are not given in the contract, it will be considered as not concluded. Accordingly, the redemption of agricultural land in this case is recognized as failed. This position is recorded in the Civil Code of the Russian Federation.
Contract form
It is defined by law quite clearly. The repurchase of land is fixed in a written contract. Failure to comply with this requirement entails the invalidity of the transaction. One of the consequences of the lack of a written contract is that the buyer cannot count on receiving a certificate of state registration in this case. The absence of this document, in turn, deprives the owner of the opportunity to protect and prove their interests. The contract, among other things, contains information on the period during which the transfer of the land to the new owner should be carried out. If a specific date is not established, then this procedure should be carried out within a "reasonable time". Its value, in accordance with Art. 314 of the Civil Code, is determined taking into account the circumstances of fulfillment of the obligations undertaken.
Plot price
Its establishment is a prerequisite in the preparation of the contract. The redemption of agricultural land should be carried out at a fixed price. In the absence of this condition, the contract shall be declared invalid. The price of the land is set in accordance with the agreement of the parties. In the case of a transaction with the local administration, and sometimes between citizens, the participants in the relationship are guided by the normative value of land. The person acquiring the site is obliged to pay its cost immediately after or before the transfer, unless otherwise provided by contract or legislation.
If the agreement does not refer to installments, the buyer must pay the full amount for the allotment.If the person acquiring the site does not pay it on time, the seller may demand fulfillment of obligations or payment of interest. This provision is provided for by Art. 486 GK. Preferential redemption of land is regulated by the procedure in force until July 1, 2012. In this case, certain conditions must be met.
In particular, the allotment must belong to the person on the basis of a lease agreement that was concluded between October 29, 2001 and July 1, 2012. In addition, at the time of the start of the specified document, the landlord must own the land in the order of unlimited (permanent) use. The law establishes a provision in accordance with which there is a lease of land with the right to purchase. This means that a person can acquire a site that he uses indefinitely, regardless of when exactly such an agreement was concluded - after or before the adoption of the LC.
Liabilities
The legislation pays particular attention to the conditions under which the transfer of the land to the new owner is carried out. The purchase of land involves the establishment of certain obligations for both parties to the transaction. So, the seller must transfer the allotment in a condition suitable for operation. For example, a peasant farm for agricultural work cannot be sold an infected plot with violations in the soil layer, if restoration and bringing it into proper condition is impossible.
The seller must inform the future owner of all the existing shortcomings of the territory before the contract is concluded. If this has not been done, and the buyer has identified defects, he may demand a reduction in cost, a gratuitous correction of deficiencies or reimbursement of his own costs for their elimination.
If the defects are too significant and cannot be corrected, the new owner may demand a refund of the amount paid and refuse the site or require it to be replaced. These requirements may be presented if the buyer discovered defects within a reasonable time (Article 477 of the Civil Code), within 2 years from the date of transfer, or within a longer period if this condition is established in the contract or the law. It should be noted here that specific terms are not indicated in regulatory enactments. In this regard, the condition defined by the contract and the Civil Code remains.
Special conditions
In accordance with the rule established by the Land Code, a purchase and sale transaction may be concluded in the absence of disputes and other reasons established by law that may prevent it. As part of this requirement, the seller must transfer the land free from the claims of third parties. The exception is when the buyer agrees to accept the encumbered plot. In accordance with the Federal Law on the turnover of agricultural territories, stateless legal entities and foreigners, as well as legal entities, whose share in the joint (authorized) capital is more than 50%, are not entitled to participate in the transactions under consideration.
Withdrawal
The legislation allows for forced redemption of agricultural land. This position is established in Art. 79 ZK. As a rule, such lands are intended for the needs of state or local authorities. One nuance should be clarified in this case. Withdrawal of agricultural territories for their possession for other activities is allowed only in exceptional situations. They can be associated with the fulfillment of international obligations, the construction of historical and cultural objects, the development of deposits for the extraction of valuable mineral raw materials (minerals), the construction of medical, educational institutions, the main pipeline, road junctions, power lines and communications, as well as other linear structures the absence of other options for the location of these objects.
In this case, an appropriate decree on the redemption of land is adopted. Withdrawal is not free of charge, but on a fee basis. The price includes the market value of the land and real estate located on it. This amount also includes all the costs incurred by the owner as a result of the seizure of his allotment, including losses incurred by him in connection with the early termination of his obligations, which he assumed with respect to third parties, including lost profits. This rule is provided for in Art. 281, paragraph 2 of the Civil Code. As a special essential condition is the need to determine the damage to agricultural production. Legislation regulates this issue in a certain way. In particular, it is stipulated that in the sale of agricultural territory production losses must be added to the total price of the plot. This requirement is contained in Art. 58, p. 3. The amount of damage can be immediately agreed upon in the process of establishing the total value of the allotment or determined approximately. In the latter case, the specification of the amount of losses is carried out after analysis of the relevant documentation and the completion of all required calculations. When selling agricultural land by auction, the general procedure (grounds) for concluding relevant agreements is applied. It is similar to the sale of unlimited use of land.