About some issues of withdrawal of land plots for the state and municipal needs in Russia: issues of theory and practice

The article makes conclusion that recognition of the private property right as sacred and untouchable played its positive role in the history; however, the modern model of guarantees of the private owners rights does not exclude compulsory withdrawal of such property for the state and public needs. Based on examination of legislation, scientific doctrine and the court practice on the issues of land plots withdrawal, the author reasons conclusion that together with public (state and municipal) needs the public-private needs exist aimed at implementation of the interests of the part of the society rather than the entire one. Providing authorities for participation in the private land plots withdrawal to some commercial legal entities with public participation sometimes results to social tension as the society often recognize the cases of withdrawal of land plots from the private owners as unfair.

property right, seizure of land, private and public needs, guarantees of the owners’ rights, valuable approach to the right, land interest, repayment, city authorities, residential buildings, public hearings, failing houses