Tag Archives: unused land

Russian administration plans to nullify land category divisions

“Administration of Russia plans to introduce nullification of land category divisions” (“Pravitel’stvo Rossii planiruet provesti otmenu deleniya zemel’ na kategorii”), World Heritage Sites, 2 March 2010. 27 July 2010 http://rpmira.org/news/468.

Explication of new legislative reforms, which will most notably end land classifications (i.e. agricultural; urban; industrial; special reservations; forest reserves; water reserves; land reservoir).  The goal of the new law is to decrease the pressure of bureaucratic corruption in land transactions and rezoning processes.  The 52 items amending current legislation should go into action in 2011.  In place of the complicated system of land categories, a Ministry of Economic Development representative says, the structure of allocated use for land plots will be strengthened through renewed territorial planning and city zoning plans.  The law will also impose penal tax rates for enterprises sitting on unused state lands, which administrators hope will push these enterprises to either use or dispose of the lands, removing the burden of “blocked lands,” which otherwise would be well utilized.

Another aim of the legislation is to increase transparency of land transactions and accessibility: information about available plots will be posted on the land Cadastre’s new online database, and all land will be required to be sold at auction.  The distribution of permissions to build on land should be simplified, and will be overseen by the administration.

Braverman’s Land Patrol

Stupin, Ilya. “Braverman’s Land Patrol” (“Zemel’nii patrul’ Bravermana”), Ekspert 41, 26 October 2009, 28-34. 28 June 2010 http://dlib.eastview.com.ezproxy.middlebury.edu/browse/doc/20828585.

An examination of the federal government’s practice of distributing seized land in auctions to developers via the Residential Construction Development assistance fund (RZhS Fund).  The new government organization, an initiative of Medvedev’s aimed at creating a renewed market for construction, has begun seizing land from agricultural institutes on grounds of underuse.  Developers in Tyumen’, Kirov, Cheboksarakh, and Kursk have already begun leasing these lands, promised the opportunity to privatize the land after 9-11 years of use.  The article criticizes the RZhS Fund institution as short-sighted, as it is so far unclear as to who will consist the buyers and renters in this new, real-estate-flooded residential building market.  Although, both RZhS Fund head Aleksandr Braverman and construction business heads credit the Fund’s creation with the streamlining of bureaucratic processes and incentivizing of developers’ building-up and eventually privatizing the plots.  Controls on where developers can set rent rates, as well as insufficient budgetary funds allocated for the RZhS count among the Fund’s problems.

Quoting from an interview with Kirov Oblast governor, Nikita Belikh, the second half of the article examines what may be the RZhS’s greatest weakness: a lack of a central region development plan and poor cooperation with the regions in which these infrastructure-less lands are being auctioned.

Moscow prepares to seize

Sichkar’, Olga and Khalil’ Aminov. “Moscow prepares to seize” (“Moskva gotovit izyatie”), Kommersant 197 (4252), 22 October 2009. 22 July 2010 http://www.kommersant.ru/doc-y.aspx?DocsID=1259907.

An evaluation of new legislature proposed by the Moscow Land Resources Department (Moskomzem).  If passed, the law would give Moskomzem the explicit right to seize land that had been left unused for two years (or used outside its allotted use).  Their arguments are that it would stimulate both the fulfillment of the city land plan, as well as the privatization of enterprise lands’ use-rights.  However, one lawyer argues that the law will only be able to be applied to lands under agricultural and construction uses, saying that city administration would be hard pressed to find a legitimate reason to be seizing industrial enterprise land based on non-use of the land.

News of the Week

“News of the Week,” Ekspert Volga 38 (153), 5 October 2009.  30 June 2010 http://www.expert.ru/printissues/volga/2009/38/news_week/.

The Republic of Tatarstan’s Gossovet deputies proposed an amendment to the RF Land Code that would allow seizures of land, the owners of which have not paid their land taxes or put the land to use in the last three years. The proceeds from these lands’ auctions (minus transaction costs) would be used as compensation for the previous proprietors, from whom the land was seized. “The measures put forth by the deputies, indubitably, could enliven the land market and shrink the number of ineffectively used lands.”

Land cadaver

“Land cadaver” (“Zemel’niy kadavr”), SmartMoney 22 (112), 23 June 2008. 12 July 2010 http://www.vedomosti.ru/smartmoney/article/2008/06/23/5760.

On the situation of unused state-owned land in the capital.  The Gosduma under the auspices of Medvedev has passed a new law (on the Assistance Fund for Residential Construction Development) aimed at redistributing currently unused federal lands that are the most valuable for residential development (as construction lands or as lands for construction material factories).  Out of the 10,000 most attractive hectares, half are located in settled areas, many of which are in Kaliningrad.  A special commission will assess whether or not suspected lands are being used, but the criteria for such categorization and seizure are not delineated in the law.

In one case with the Russian Academy of the Sciences (RAN), whose lands (under permanent perpetual use, according to Vikiteka at http://ru.wikisource.org/wiki/Устав_Российской_академии_наук) are threatened by the new law, RAN proposed to Putin directly to construct residential buildings for young scientists in order to avoid a supposedly temporary restructuring takeover by the state company “Rostekhnologiya;” nonetheless, in April 2009, operations on these lands were expected to be frozen by a special order of the administration, and then after the passage of the new law, will most likely be given over to the Land Fund or directly to the region.  (An order regarding this freeze of RAN lands from the Kremlin appeared on the Federal State Cadastre website on 30 July 2009 at http://r41.kadastr.ru/news/media/999725/; the first of these lands were to be put up for auction in November, according to http://www.nep08.ru/agroprom/news/2009/10/09/fond_rzhs/).

Difficulties with disagreements over fair compensation and with insufficient monies in the Moscow Department of Land Resources are described, although the new law is expected to inject new momentum and resources into the coffers of available, valuable lands; within the week, first vice-director of the department Oleg Ryzhkov planned to send notices to involved lands.  Some of these Moscow lands will be seized for but small roadway expansions, though seizures for transport were not intended to be enabled by the law.  The fate of a 500-hectare plot in Kaliningrad under military ownership is also discussed.