Tashkent, Uzbekistan (UzDaily.com) -- At the twenty-sixth plenary session of the Senate, the laws "On procedures for the withdrawal of land plots for public needs with compensation" and "On the introduction of amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of the system for ensuring equality and transparency in land relations, reliable protection of land rights and their transformation into a market asset” were considered. 

The law “On Procedures for the Withdrawal of Land Plots for Public Needs with Compensation” was repeatedly discussed before discussion at the plenary session with the participation of standing commissions of local Kengashes of people’s deputies, representatives of interested ministries and departments, and experts, taking into account problems that may arise in practice. 

The law envisages the establishment of a procedure for the withdrawal for public needs of a land plot or part of it owned by individuals and legal entities on the basis of ownership, permanent use or temporary use, and the provision of compensation to the right holders of this land plot and real estate objects located on it.

The Law clearly defines the list of circumstances on the basis of which land plots are withdrawn for public needs with compensation. It is forbidden to interpret the withdrawal of land plots for any other purposes as withdrawal for public needs.

It also stipulates reimbursement to persons who own in good faith, openly and continuously for fifteen years real estate for the value of this property in case of confirmation of the payment of taxes on this object in the absence of the right to land located on the territory that fell under demolition.

The law establishes the formation of compensation commissions under the Jokargy Kenes of the Republic of Karakalpakstan, local Kengashes of people’s deputies. 

Compensation commissions ensure regular monitoring of the timely provision of compensation in full and accounting for the compensation provided. The Law also establishes that in case of detection of cases of untimely and incomplete provision of compensation, compensation commissions enter information, respectively, into the Jokargy Kenes of the Republic of Karakalpakstan, the local Kengash.

The Law also clearly defines the types and sources of compensation for land that is withdrawn for public needs. In particular, the types of compensation provided are cash, including for the temporary lease of residential and non-residential premises, the provision of ownership of another real estate object.

When developing this Law, special attention was paid to national traditions and values. It is established that in order to create favorable conditions for right holders and members of their families living in the same mahalla or on the same street, as well as to preserve cultural values, at the request of right holders, they can be provided with new houses (apartments in one apartment building) located in one mahalla or street.

The plenary session also considered the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan in connection with the improvement of the system for ensuring equality and transparency in land relations, reliable protection of land rights and their transformation into a market asset”, which is a logical continuation of this Law.

The law introduces appropriate amendments and additions to the Civil, Land, Urban Planning and Budget Codes, as well as to the laws “On the State Land Cadastre”, “On Local Government”, “On Appraisal Activities”, “On the Privatization of Land Plots for Non-Agricultural Purposes” and other laws.

According to the amendments being made to the above laws, after compensation in full of the compensation established by law, land plots or their parts belonging to individuals and legal entities on the right of lifelong inheritable possession, permanent possession, permanent use, fixed-term (temporary) use or lease for public needs with compensation.

These laws were approved by the senators, as they provide for the regulation by a single law of direct action of the issues of withdrawal of land plots for public needs with compensation, the prevention of conflict situations, and the strengthening of protection of the rights of owners.