Actual seizure of land for state and municipal needs: legal nature and methods of protection

Abstract

This article considers the institution of the actual seizure of land plots for state and municipal needs, which is not provided for by legislation, but recognized by judicial practice: its legal nature and methods of protection that legal entities can use in the event of the actual seizure of land plots from them. The article contains an analysis of individual court decisions, which made it possible to identify existing gaps in the legal regulation of relations related to the actual seizure of land for state needs. In particular, the issues concerning the ways of protecting the owner of the actually seized land plot remain not fully settled. The current legislation has not developed effective legal mechanisms to protect the rights and legitimate interests of right holders, has not formulated a unified approach to determining the equivalence and fairness of compensation provided to the right holder when withdrawing land for state needs. The solution of these issues will ensure a balance of public and private interests.