Powers of local government bodies in the field of seizure of land plots for municipal needs: Problems of theory and practice

The research comprehensively studies public relations arising in connection with the implementation of the powers of local self-government bodies to resolve issues of local importance in the field of seizure of land plots for municipal needs, as well as the identification of theoretical and practical problems in this area. The methodological basis of the study was a set of methods and techniques widely used in legal science and presupposing comprehensiveness, objectivity and interconnection of the phenomena under study. Among them are general scientific methods (analysis of normative legal sources, synthesis, induction, deduction, analogy, etc.); special scientific (special legal) methods of cognition (comparative legal, formal legal, etc.). Based on the study, the following conclusions were obtained: The sphere of seizure of land plots for municipal needs lies in the domain of public relations classified as issues of local importance, where the powers of local self-government bodies are defined extremely vaguely by the federal legislator and compete with the powers of public authorities. When deciding on the issue of local importance regarding the seizure of land plots, local self-government bodies are guided by an open list of grounds provided for in specific legislation (Article 49 of the Land Code of the Russian Federation), leading to a violation of the subjective rights of title owners of land plots. Local self-government bodies are not limited in their ability to seize land plots and other real estate from title owners for municipal needs as part of integrated development projects for the territory. The bases for the grounds for the seizure of land plots for state or municipal needs listed in Art. 49 of the Land Code of the Russian Federation are the Constitution of the Russian Federation, which defines the jurisdiction of the Russian Federation for the seizure of land (federal level); Federal Law No. 414-FZ, which specifies the powers of state authorities of a constituent entity of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation regarding the seizure of land (Clause 20, Part 1, Article 44) (regional level); Federal Law No. 131-FZ, establishing the authorities of local self-government bodies to seize land (local level). The federal legislator stipulates to what level (federal, regional, local) the powers to seize land from title owners belong, but does not provide a detailed definition of "state and municipal needs". The codified urban planning law de jure recognizes the decision of local self-government bodies to transform the territories of settlements, city (municipal) districts as another basis for the seizure of land plots and (or) real estate located on it exclusively subject to the rules for identifying public needs. The author declares no conflicts of interests.

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