The Cabinet of Ministers of Uzbekistan, by a resolution dated January 10 (PKM-14), amended and supplemented the Regulations on the procedure for withdrawing land plots and providing compensation to owners of real estate ( PKM-911 ).
In particular, paragraph 33 of the provision is supplemented with the following paragraphs:
“The protocol [of disagreements] should indicate the owners who agreed or opposed the implementation of investment projects in the territory.”
“If in the course of an open discussion at least one owner is against the implementation of an investment project on the land plot on which the investment project is planned, then the implementation of this investment project on the specified territory is not allowed.”
In addition, the government has amended paragraph 47, which excludes the right of an investor to file a lawsuit with a court for the forced purchase of real estate at a price determined in the prescribed manner. Now this item will look like this:
“If there is a written consent (agreement) of at least 75% of the owners, but there is no possibility to obtain consent (failure to reach an agreement) of the remaining part of the owners, the initiator has the right to apply to the court with a claim to determine the amount, timing and types of damages to the owners who did not give the appropriate consent.”
Earlier, the Ministry of Justice of Uzbekistan answered in detail questions regarding the provision, including the right of investors to file a lawsuit for the forced purchase of real estate objects with the consent of at least 75% of the owners.
Currently, the stage of drawing up an agreement between the investor and the owners is preceded by the stage of preliminary discussion of the project with all the owners. Only after obtaining the prior consent of all the owners, the kengash makes a decision to withdraw the land, after which the process of agreeing on the issue of compensation and drawing up an agreement begins.
The investor must discuss the issue of compensation with absolutely all owners, i.e., disputes may not arise. If the investor has received the consent of at least 75% of the owners, but could not agree with 25% or less of the owners, he can go to court.
The Ministry of Justice explained the introduction of this norm by the fact that this part of the owners initially gave their preliminary consent to the withdrawal of the land plot with the provision of compensation at market value, and on the basis of which the kengash had already made a decision to withdraw the land plot.
Другие новости и события
Any use (reproduction, publication, copying, reprinting, distribution, translation, broadcasting, processing and other methods of distribution) of the materials of the Investment Portal - Invest.gov.uz, without indicating the original source and a link to the Portal is strictly prohibited!