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Main » Articles » Real Estate » Exchange, resettlement

Resettlement house

In accordance with Part 3 of Art. 35, Constitution of Russia, no one can be deprived of property except by court order. Expropriation of property for public use may be made only with prior and fair compensation for the costs of its owners. In furtherance of the constitutional provisions in housing legislation now has a provision defining the procedure for removal of residential premises from the owner in connection with the seizure of the land for state or municipal needs.

At the federal and municipal authorities continue to evolve ideas, plans, projects related to the conduct of construction works. That federal road paving, the new social facilities built, or simply start a new house constructed. All would be nothing, if these activities were carried out on empty land. But very often there is a situation that the plan of new construction includes demolition of existing residential and nonresidential facilities. And in this case have to decide to resettle already living in this apartment building tenants. Just like that, based on construction plans to evict them, of course, impossible. Here and the institution of private property and constitutional rights, and much more, allowing the state to call the legal and socially oriented. But to deny the necessity of constantly changing requirements of the community and the state are also banned, as they may affect various areas of construction, including life-sustaining populations or international obligations (whose significance to the domestic legislation has long been recognized). The list of such objects, in connection with the construction of which can be produced resettlement houses, which is given to the existing residential buildings, is rather extensive, but it should be noted, is just. It includes: the objects of federal power systems and power systems facilities of regional significance, objects of atomic energy, defense and security facilities; federal facilities transport, communications, informatics and communications, and transportation facilities, communications, computer and communication of regional significance; objects that provide space activities, objects that provide status and protection of state border of Russia, linear objects, the federal and regional importance to ensure that the activities of natural monopolies objects electricity, gas, heat and water supply of local significance; public roads within the boundaries settlements and between settlements, bridges and other transportation engineering works of local significance within the boundaries of human settlements and outside the boundaries of human settlements. This is the condition that the location of such facilities on the territory of another is not possible or even economically disadvantageous.

People in homes just like to leave with nothing is impossible, so after a decision on compulsory withdrawal of residential apartment building in private ownership, the tenants for a year, until such settlement will be sent a warning. The very same exemption is made through the purchase of residential premises by the owner, and purchase of residential premises is possible only with the consent of the owner. The decision to withdraw the dwelling is taken by a public authority or local governments and is subject to state registration in the institutions of justice for registration of rights to immovable property and transactions with them. If that body intends to remove a dwelling before the end of the year, then he can do this only with the consent of the owner of the dwelling, to put it simply, you need something to convince the owner that he wanted to leave as quickly as possible.

The size of the purchase price, its determination lies squarely with the parties to the contract concerning the purchase of residential accommodation (this is what grows in the future warning that the premises are being withdrawn for the needs of the municipality). In this size are: the market price, which if desired can be determined by using the services of an appraiser or realtor, as well as all sorts of losses incurred by homeowners because of such exemption. It may even be loss of profits, for example, from rental apartments to rent. This may also include losses associated with the implementation of the move, pay loaders and others.

Note that by itself the solution of the Forced removal of residential premises is not a ground for termination of the rights of the owner of the dwelling. He has the right to make repairs in the apartment, can sell it, lease, and much more for the remainder of the year. However, given that the owner was warned that the apartment will be bought, it simply bears the risk of implementing such costs. But they can be covered by the purchase price.

And, of course, have evicted the owner no one takes away the right to appeal against the decision of the municipality or of the RF subject of forced eviction in court. In practice, this results in failure to reach agreement on the purchase price or may provide, in exchange for ransom room. In this case, the body that ordered the forcible seizure of the dwelling is entitled to two years to sue for redemption of the dwelling. It should be noted that construction plans are very specific and any of their delay is fraught with losses, so that municipal and federal authorities are always trying to negotiate with homeowners on their terms, to avoid delaying the trial. The mechanism receives the required voltage, the whole scheme of redemption or other apartment starts, everyone is happy. In addition to relocating the tenants, as everyone remembers, which is equal to the move.

Earlier claims evicted tenants to the municipality and the federal authorities there because all evicted "conscious" citizens are thrown together to prescribe to their living space in need of better housing conditions relatives. It provides accommodation in accordance with the minimum requirements for the footage, and, consequently, there was a real opportunity to get 2.3 instead of a flat, situated in the old "Khrushchev". This is more applicable to the provision of municipal and public housing. Now, quite simply, is available on an equal area of flat or no market value of the apartment, as well as responsibilities of the authorities accumulate private property of citizens in this way does not exist.

It is said that compliance with Art. 32 of the Housing Code of Russia is an important point in observing the constitutional rights of citizens, as it suggests that the value of private property by the State is taken into account, despite some negative factors which exist in all spheres of relations between him and the citizen.

Category: Exchange, resettlement | Added by: Дмитрий (22.03.2010)
Views: 404 | Rating: 0.0/0

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