Transport land: What is it, what are the legal regime and methods of state cadastral assessment? Legal regime of industrial lands, transport and other special purpose of transport, their characteristics

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These are land plots (memory), which are intended for the organization and operation of land objects and which can be used to form transport communications of the following species:

These are related if the rights to them arose from legal participants in land relations on the grounds provided for by the Land Code, in particular, articles and, federal and municipal laws and orders.

Concept and general characteristics

Transport land is a special composition of the land that is entitled to be used only for the development of transport infrastructure of the municipal and federal significance. In this capacity, they are introduced into the State Land Cadastre (GKN), under the appropriate cipher. This is a specific land object, on the basis of its target use, land and civil relations arise for legal entities.

Only directly path of the transport message can be laid on the transport arrays.. The construction of capital facilities and structures is allowed only in the context of those tasks that correspond to the objectives of their use.

The use of these sites for needs not related to transport is considered a violation and leading administrative responsibility.

What areas belong to this category?

Transport lands recognized territories allocated from the category, including:

other special purpose.

The lands can be located only for the limit of arrays of settlements and used according to the target appointment on the basis of the rules of Article 87 of the RF RF. In the classifier of species of permitted use, which entered into force on September 1, 19.14 and the approved order of the Ministry of Economic Development under No. 540, they are encoded under the sector 7.1-7.5. Are the type of target.

These include the following lands:

road transport;
railway transport;
water transport;
air transport;
pipelines.

Features and varieties of their use are as follows:

The main specificity of using these lands is not only an extraction of benefit, but also to comply with the safety of their operation. All designated arrays are discharged according to certain standards, which are provided for the safe operation of transport lines. These include distances from the water border, the dimensions of the taps under the railway canvas and the takelers.

Railway communication also provides for the presence of warehouses intended for storing objects of increased value and objects with a special status of legal regulation.

Legal regime and position

The legal regime of land transport relies on the provisions of the legislation. In accordance with Article 25 of the Federal Law of 8.11.07. No. 257-ФЗ № 257-ФЗ The boundaries of the motor bandwidth are set by the documentation of the planning of the territory - the planning project. It is prepared taking into account the established rationing of land. The planning standards of the placement of roads and their operations approved by the Russian Federation of the Russian Federation dated 2.09.09 under No. 717.

As for the railway tracks, the dimensions of the array of the allocated include the bandwidths that are set by design and estimate documentation. In order to secure paths and other facilities and structures, both security zones are established for the safety of citizens and railway workers. In particular, with danger:

gathering avalanche, landslides and villages;
collaps and wipes during flood;
other hazards of natural factors;
movement of high-speed trains.

The legal mode of operation of the bandwidth and security zones was approved by PP of the Russian Federation of 12.10.06 under No. 611. The legal regime of the land of water transport is established by the FZ of the Russian Federation of 03.03.01 under No. 24-FZ, known as the CVTV, as well as the law "On the Naval Ports of the Russian Federation". They contain the boundaries of the coastal territory, which can be used under transportation lands, as well as the basic rules of their operation.

Air transport requires allocating the territory only for takeoff and landing, as well as for operational buildings and structures. But due to increased responsibility for life safety, numerous legislative acts, standards and SNiP apply here. The main regulatory legal regulations are defined in the following acts:

Air Code of the Russian Federation.
The rules for using the airspace of the Russian Federation approved by the PP of the Russian Federation of 11.03.10 No. 138.

At their base, for each airfield it is distinguished with an airfield territory. Its dimensions are 30 km within the radius from the installed control point. It also provides for other positions of the security regime.

Who is the owner?

The main owner of the land of transport is the stateThat is, they are considered federal land real estate. In accordance with regional regulations, the subjects of the Federation are transferred to the information bank of the GKN, relevant information is made. Despite the transfer of land to the responsible possession of municipalities, they cannot dispose of them without the consent of state bodies, that is, all orders must be approved at the federal level.

The exception is a certain part of the lands, which was obtained in the ownership of the founders of Russian Railways in the process of privatization or by redemption from the state by introducing authorized capital. Such territories belong to Russian Railways.

Permitted and prohibited use

The marked land laying can be used only for purposes that serve the development of transport infrastructure. The authorized objects may enter:

In addition, it is allowed to build objects to maintain passengers during the way:

roadside and bail cafes;
hotels and mini hotels;
pharmacy points, etc.

In these lands, any types of work are prohibited on the land, which do not correspond to the target purpose and are not related to the type of transport for which the plot is carried out. It is also unacceptable here:

cut off
overlap the line of artificial reservoir;
carry out work in approaching railway mound;
scream and drive your cattle;
carry out any work that can damage the railway canvas;
conduct any work closer than 30 km from the airport.

Transport highways - the territory of increased danger, their use requires compliance with established norms.

Management and monitoring

Land ownership of land owned by the state is a prerequisite included in the state program of efficient use of land resource. It is conducted through monitoring and adoption on the basis of identified data - decisions on the further conduct of existing land policies.

Land monitoring is part of the state program to determine the impact of the use of land for transportation needs on the environmental state of the environment. It is conducted by the GCN authority due to the provisions of Article 67 of the RF RF.

Monitoring tasks of the following:

monitoring the state of the soil used;
obtaining reliable information about their condition;
the possibility of further use of transport;
the impact of the quality of lands on the environment;
the degree of efficiency of their intended purpose.

All information received is transmitted to special federal commissions that make a responsible decision on the further use of a resource or change in its use. Federal decisions are transferred to the regions, and regional governments are familiarizing with them authorized officials responsible for using these land arrays.

Thus, the State Land Property Management System is a single network, and is included in the integrated use of transport communications.

Arrays owned by Russian Railways are subject to general rules of operation provided for by federal programs.

Methods of state cadastral assessment

All assessment activities of land is carried out by the GKN authority by conducting audit. Audit revaluation in separate cadastral quarters should be carried out at least in 5 years, but not more often than once every 3.5 years. After the audit, the specific cadastral value of the land of the corresponding category may vary on the basis of the calculated calculations.

Based on the declaration of previously used methods of state cadastral assessment. Currently, the procedure is governed by the rules for conducting the state cadastral assessment of land approved by PP of the Russian Federation of 08.04.2000 under No. 316 "On approval of the rules for the State Cadastral Estimation of Lands".

Responsible performers are independent appraiserswhich are urged to conduct work on the ground - by order of municipalities. They can use the assessment methods that meet the law "On Evaluation Activities".

Is it possible to rent or translate?

Some memory relating to this species is allowed to be leased by redemption of rental rights in the municipality on the basis of Article 90 of the RF RF. These are plots on which the capital non-residential structure can be erected, which is appropriate for targeted use - for services provided by passengers and service cents.

Lands under highways, railway tracks, take-off stripes and ports to make a lease.

Registration of these lands in ownership is unacceptable under any circumstances. If they build buildings used for the target vehicles of transport, the servitude is accuming.

The same applies to pipelines - at the time of operation, it is permissible to rent or arrange a servitude. Redemption or privatization of such lands and other forms of ownership are not allowed.

Transport land - target category. Can only be used on intended purpose with compliance with established norms and rules of operation. Belong to the state can be transferred to the management of municipalities. At certain cases, they allow rent or burden by servitude.

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In land legislation, it is quite clearly spelled out for what purposes and how to use certain lands, including land allocated for transport.

The concept of transport land

Transport land, according to Article 87 of the Land Code of the Russian Federation, are a separate land category, the use of which is controlled by the state. A more detailed definition and legal mode of transport is described in Article 90 of the Land Code of Russia.

Transport land is land, the main purpose of which is the organization, use and operation to provide objects of various types of transport, as well as arising in connection with their use of land relations.

Questions are regulated not only by the Land Code of Russia, but also by various subject federal laws, as well as the relevant laws of the constituent entities of the Federation, which are related to land use issues.

Types of transport, their characteristics

The concept of land lands imply the use of land for the following varieties of transport:

for a message to the railway;
sea routes and marine spaces adjacent to the state;
for inland waterways;
for car message;
air Transport;
other types of transport.

The legal regime of transport land implies the use of land, which are outside the settlements, however, enter or can enter the territories that they are serviced. According to the current legislation of the Earth, if this does not interfere with their use for direct purpose, can be leased for agricultural or other needs.

Railway transport land implies use with the following objectives:

for placement and installation of railway tracks;
in order to be installed removal land, as well as the security sections of the railway tracks;
to accommodate all buildings and objects related to the railway report. These are stations, stations, transitions (ground and overhead), other objects.

Land of railway transport, according to the current legislation, should be used with the following regulatory legal acts:

urban planning;
land norms;
sanitary;
fire-fighting;
environmental;
other acts involving the operation of transport land.

The legal regime of railway transport land implies the fact of the use of lands near the laid ways and railway destination facilities for lease to individuals or legal entities. At the discretion of the municipality to which the land of transport belongs, the land near them can be leased for the construction of a residential array or for any other needs.

At the same time, the use of leased lands should not prevent the normal operation of transport land and everything is located on them.

Lands of road transport can be used for the following purposes:

for the construction and operation of the road facility;
for the placement and use of automotive and road service facilities, as well as to accommodate road posts located in the Department of Management of the Ministry of the Interior;
to establish and use automotive removal lands. The latter can be rented for agricultural needs.

Maritime land, as well as inland water transport can be used with the following targets:

to highlight the shore strip, as well as its operation;
to accommodate objects needed for service and the use of maritime transport. These objects include seaports, moorings, pyrses, technical facilities and buildings, as well as other objects;
to accommodate water paths created by artificially.

The coastline, according to the current legislation, is used to serve sea transport, but this does not exclude the fact of renting some of its sites to individuals or legal entities for their activities.

The legal regime of air transport land implies the allocation of land for normal operation of air transport, its maintenance, placement of objects and structures that are necessary for this.

For example, for the construction of airports, airports, landing lines and take-off airplanes, helicopters and other vehicles that fall under the category of air.

Legal regime Land of pipeline transport

Earths that are assigned to gas supply are under special protection of the state. Therefore, it is strictly forbidden to locate, construction and unscheduled reconstruction of any objects that are not provided for by the norms of current legislation.

Lands of pipeline transport can be used, according to Article 90 of the Land Code of Russia, exclusively for the following purposes:

In order for them to be placed (it means terrestrial construction) of construction or buildings, as well as any other objects needed to use or laying the pipeline, gas pipeline, as well as other types of pipeline objects;
In order for them to be posted (implies exclusively terrestrial construction and operation) of the construction and buildings, which are needed for the correct operation of any type of pipeline.

Earths that are intended for transporting this species cannot be leased or perpetual use of anyone (both individuals and legal entities), as well as for the needs of the state or municipality that do not imply the use of pipeline transport.

Order, regulating land redundancy for construction and reconstruction of transport facilities

According to Article 70.1 of the Land Code of the Russian Federation, the land in the use of individuals, legal entities, municipality and states can be reserved for the construction or reconstruction of transport facilities on the grounds that are spelled out in Article 49 of the Land Code of Russia. The lands may be withdrawn from owners to temporary use with compensation or appropriate substitution in nature (instead of one site, which is subject to reservation, is offered equivalent to temporary use).

Reservation has its own shelf life. The legislation provides that the Earth may be temporarily used for construction or reconstruction for no more than three years, and if these lands were previously owned by the state, but were used for other purposes, then for a period of no more than two years.

In addition, the land that belongs to the state, but not used for some purpose, were not leased or perpetual use of individuals and legal entities for operation, can be reserved to reconstruct or building transport facilities for up to 20 years.

At the same time, the change in the legal status of land for the time of reservation is not provided. The reservation procedure is established by the Government of the Russian Federation.

Ban on the change in the category of land provided for construction, reconstruction, overhaul of pipeline transport

According to paragraph 8 of Article 90 of the Land Code of the Russian Federation, the translation of land to another category is prohibited if they were provided for construction / reconstruction or overhaul of those objects that are intended for pipeline transport.

If all other transport land can over time to purchase another status (for example, be translated from transport land in agricultural land), then pipeline lands are deprived of this possibility.

This is due to the complex technically and dangerous practically exploitation of this type of land. Earths that are in private ownership of individuals or legal entities can be withdrawn if it is required to operate pipeline transport (for example, laying such networks).

Those lands on which the underground level are pipelines, do not require registration from companies that are serviced and used. However, the right to use the Earth becomes limited: the land cannot be sold, surrender or use without the appropriate permission of the executive bodies, government bodies or bodies of the municipal government.

1. Transport lands recognized land that are used or intended to ensure the activities of organizations and (or) operation of automotive, marine, inland water, railway, air, pipeline and other types of transport and the rights to which the participants of land relations under the grounds provided for This Code, federal laws and laws of the constituent entities of the Russian Federation.

2. In order to ensure the activities of organizations and operation of railway transport facilities, land plots may be provided for:

1) placement of railway tracks;

2) placement, operation and reconstruction of buildings, structures, including railway stations, railway stations, as well as devices and other objects necessary for the operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other railway facilities transport;