PROBLEM ISSUES OF DETERMINING THE PURCHASE PRICE OF LAND PLOTS THAT ARE SUBJECT TO ALIENATION FOR PUBLIC REQUIREMENTS OR FOR MOTIVES OF PUBLIC NEED
DOI:
https://doi.org/10.33042/2522-1809-2023-1-175-74-80Keywords:
purchase price, alienation, type of value, land plot, valuation methodAbstract
The article formulates the problematic issues of determining the purchase price of land plots that are subject to alienation for public needs or for reasons of public necessity in Ukraine. It is possible to single out the main problems of a legal nature – the Law provides for two types of value that must be determined during the procedure of redemption for public needs: estimated purchase price and purchase price. The following stages of the procedure for the purchase of a plot of land for public needs in Ukraine are distinguished: planning and decision-making, notification of all interested parties, assessment and negotiations regarding compensation, purchase and sale agreement and payment of compensation, entry into ownership, return. The issues of buying or exchanging land plots from owners for public needs have always been problematic and conflictual. it was established that the legislation of Ukraine meets the international requirements for the regulation of relations in the field of forced purchase of land for public purposes, but it does not regulate: the type of value and methods of assessment of land plots (parts of them); calculation of damages related to environmental degradation and standard allowance. An expert study was conducted to determine the type of cost and compensation in case of forced expropriation, approaches to calculating possible damages. The total number of experts participating in the survey was 75. Estimated average work experience for experts is 10 years. The interviewees' awareness of the questions was conditionally considered equal. 97% of the respondents noted that there should be additional compensation and reimbursement for losses to the owners of real estate (except land plots) in case of redemption for public needs. Experts determined that additional compensation and compensation for losses to land plot owners should be within 30-50% of the value of the land plot and real estate objects located on it. Taking into account the expert opinion, the structure of damages is proposed, which should be included in the purchase price, which includes: costs of moving, preparation of documents, costs of arranging a new home, compensation for taxes and fees during the purchase of an alternative object of real estate, the cost of fruit and berries plantations and crops.
References
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