Estimating Land Values When Seized for State Needs: Issues of Theory and Practice of Legal Regulation

Abstract

The relevance of the study of the theory and practice of legal regulation of the estimating land values when seized for state needs is primarily due to the complexity of assessing a land plot as an object because the selection of analogue objects is significantly difficult due to the uniqueness of each land plot, the influence on its cost of a large number of random factors, as well as the absence of a single formula for calculating compensation. In turn, this has a great impact in each particular case when Russian courts appoint an evaluation examination and affects the final decision of the courts. The purpose is to identify the peculiarities of legal regulation and the established judicial practice of estimating the value of land plots when seized for state needs. Objectives: to reveal the specifics of the procedure of assessing the value of real estate objects for subsequent seizure; to evaluate the results of existing judicial practice in cases related to the seizure of land plots for state or mu-nicipal needs; to identify difficulties arising in the selection of analogous objects of land plots as objects of evaluation. Methodology. The study was carried out on the basis of the general scientific (dialectical) method of scientific knowledge, methods of analysis, comparison, formal legal, formal logical methods. The results of the study are distinguished by an applied nature with elements of scientific novelty in the identified approaches and conclusions on the valuation of land plots when seized for state needs. Conclusion. Compensation for losses in the seizure of land for state needs should be adequate, ensured by fair market value, which should allow the subject to buy real estate of the same characteristics.