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Transport land can be provided on the right. Legal regime of lands of industry, transport and other special purpose

16.08.2020

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 subjects Russian Federation.

2. In order to ensure the activities of organizations and operation of facilities railway transport 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;

(see text in the previous edition)

3) Installing the outlet strips.

(as amended by Federal Law of 03.08.2018 N 342-FZ)

(see text in the previous edition)

Free land on the bandwidth railways Within railway land land, citizens and legal entities for agricultural use can be leased, the provision of services to passengers, warehousing of goods, devices of loading and unloading sites, facilities of the variety warehouses (with the exception of warehouses fuel and lubricants and petrol stations Any types, as well as warehouses intended for storing hazardous substances and materials) and other purposes, subject to the safety requirements established by federal laws.

The procedure for establishing and using railway outlet strips is determined by the Government of the Russian Federation.

(as amended by Federal Law of 03.08.2018 N 342-FZ)

(see text in the previous edition)

1) road accommodation;

2) placement of road service facilities, objects intended for road activities, stationary posts of internal affairs bodies;

(see text in the previous edition)

3.1. Land plots within the borders of road removal bands may be provided in the Citizens and legal entities established by this Code to accommodate road service facilities. For creating required conditions Use of roads and their safety, ensuring compliance with security requirements road And ensuring the safety of citizens is created roadside strips of roads. Establishing the boundaries of road off roads and roadside rods of roads, the use of such lanes and roadside bands is carried out in accordance with this Code, the legislation of the Russian Federation on roads and on road activities.

(see text in the previous edition)

4. In order to ensure the activities of organizations and operation of marine, internal facilities water transport Land plots may be provided for:

1) placement of artificially created inland waterways;

2) placing the objects of the infrastructure of seaports, objects of river ports, berths, marins, hydraulic structures, other objects necessary for operation, maintenance, construction, reconstruction, repair of land and underground buildings, structures, devices and other marine, inland water transport;

(see text in the previous edition)

3) allocations of the coastline.

The coastline of inland waterways is allocated for work related to shipping and alloy along the inner waterways, outside the territories of settlements. The procedure for the allocation of the coastal strip and the use of it is determined by the Code of Inland Water Transport of the Russian Federation.

(see text in the previous edition)

5. In order to ensure the activities of organizations and operation of air transport facilities, land plots may be provided to locate airports, airfields, airports, runways, other ground objects needed for operation, content, construction, reconstruction, repair of land and underground buildings, structures , devices and other air transport facilities.

(see text in the previous edition)

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

1) placement of ground objects of the system of oil pipelines, gas pipelines, other pipelines;

Land definition of transport It is contained in stubbits about the lands of transport of 1981. The books include sites provided to enterprises and transport organizations to fulfill their tasks for operation, maintenance, construction, reconstruction, repair, improvement and development of structures, devices and other transport facilities.

These lands are in the management of the relevant transport ministries and departments.

Transport land is diverse in composition.

By type of transport, the land is distinguished:

Railway;

Automotive;

Main pipelines;

Air;

Inland water.

TO lands of railway transport There are land provided in the continuous use of its enterprises and organizations to implement tasks assigned to them.

To provide safe operation Transportation facilities The Council of Ministers of the Republic of Belarus establishes prohibitions (restrictions) on the implementation of the activities contrary to the intended purpose on the lands of railway transport (restrictions) associated with the special regime of using these land (Article 6 of the Law "On Rail Transport") .

The lands of common railway transport include land allocated to railway lines, as well as under other structures necessary to ensure the operation and reconstruction of railway transport communications, taking into account the prospects for their development.

Enterprises and organizations of railway transport of general use are required to use the land provided to them in accordance with the targeted appointment and conditions for their provision, comply with these lands the requirements of the environmental legislation of the Republic of Belarus.

The procedure for the use of land rail transport land is determined by the Belarusian Railway, taking into account the requirements of the land legislation of the Republic of Belarus.

The main enterprise of railway transport is the railway, which ensures the needs of the economy and the population in transport. Railway transport includes a complex production and technological complex: a network of railways, enterprises carrying out the repair and modernization of rolling stock, containers, providing communication, collecting and processing technological information, and a number of others.

Lands of railway transport are represented by land engaged in railway tracks, stations, structures of energy, locomotive, wagon, road and trucks, protective and strengthery plantings, service, residential, and other structures serving the needs of railway transport.



The railway strip of railway roads includes lands occupied by earthwood, artificial structures, linear travel buildings, communication devices, stations (with all structures), protective friction and other structures and travel devices. The procedure for the use of railway transport land within the bandwidth is determined by transport management bodies, taking into account the requirements of land legislation. The width of the removal band is set depending on the category of railways in the amount of from2Do 28 m. The track of the road can be 1524 and 750 mm (narrow-chain railway).

In addition to the railway, rail transport is provided by land, not adjacent directly to the path, but necessary for the operation of railways, under careers, water intake structures, nurseries, pumping stations, other facilities and devices defined by the relevant projects.

In order to ensure the safety of the population and the safe operation of railway lines, stations, access roads and other constructions of railway transport, located on land susceptible to landslides, collaps, erosions and other dangerous impacts of a natural nature are established by security zones (Article 8 of the Law "On Railway transport ").

These zones include:

a) plots of land necessary to ensure the safety, stability and strength of railway structures;

b) Forest strips adjacent to the railways of 500 m wide in each direction, within which the cuts are not allowed, except for logging and sanitation;

c) the area of \u200b\u200bthe forest, where the cutting can be reflected in the stability of the space and lead to the formation of landslides;

d) land plots required for the development of the railway, and some others.

Within the zone with special land use conditions, the construction of capital buildings and structures, as well as the breeding of perennial cultures, career, to construct the lines of communication, power air and cable networks, and also to be destructed roads directly under wires and Closer than 3 m from the extreme wire for the passage of machines (cranes, excavator, etc.) with a height of more than 3 m. After approval of the boundaries of the zones, it is necessary to write a written uve-domain owners, owners, users, on whose lands has special zones, about the nature and the duration of the special conditions for the use of the land of these zones.

Transport enterprises should ensure the smooth functioning of railways, prevent emergency situations. Special requirements are imposed on the use of transport land for the transport of dangerous goods, which can in the process of transportation, in the production of loading and other works, can cause an explosion, fire, damage to railway facilities, as well as death, injury, diseases of people, cause harm to the environment.

The use of railway land must comply with construction and environmental requirements, sanitary and other standards. For the purposes of temporary, enterprises and institutions of railway transport can be provided with land on lease terms.

Lands of road transport Land plots engaged in road roaddirectly adjacent to the buildings and structures, drainage, protective and other artificial structures, platforms for parking and washing of rolling stock, protective frosting, production buildings and structures, plants and other road service facilities. These include areas engaged in structures and devices of energy, garage, benzorization, stations and bus stations, linear production facilities, other automotive service facilities.

Automobile roads are divided into:

- general-purpose road roads;

- departmental roads.

Automotive - Engineering facilities complex (Earthwood, Roadwear, Bridges, overpass, pipes, drainage system, road signs, Protective devices, recreation sites, communications, other elements of improvement, buildings and structures of the road service) intended to ensure a safe and convenient movement vehicle With installed speeds, regulatory loads and dimensions, defined by the current rules of the road, state standards and other regulatory acts.

The overall road construction band, in which road facilities are placed (snow-standing, drainage and dr.), Is determined in accordance with the category of road in the following sizes:

The controlled public road area includes a space of 200 m per side of the axis of the road and is determined for the promising development of the existing road and road structures (Article 3 of the Law "On Automobile Roads").

Enterprises and organization of vehicles have the right to use land plots adjacent to the strips, keep cutting trees and shrubs in order to improve the visibility of the road.

Road bodies are obliged to notify those subjects in writing, in whose lands there are special zones, about the nature and duration of the special conditions of the use of the Earth in these zones.

Land reporters who are in controlled zone automotive roads are required:

Constantly contain in the appropriate state the territory of land, as well as those located on it buildings, structures, communications, buttons;

Allow the installation of temporary devices for the protection of roads from snow drifts.

Control over the performance of duties by users of land plots in the controlled area of \u200b\u200broads is imposed on a specially authorized body of state management of road management and executive and administrative bodies (Article 12 of the Law of the Republic of Belarus "On Automobile Roads" of January 5, 1995).

To the lands of air transport Areas engaged in airports and airfields as the main air transport objects. Air transport lands are also the territories of aircraft manufacturing and aircraft repair factories, land plots serving workshops, service, residential, cultural and domestic buildings of air transport and some others.

In accordance with Art. 47 of the Air Code of the Republic of Belarus, which has entered into force on July 1, 1999, the airfield is a land or water plot, specially prepared and equipped to provide take-off, landing, taxiing, parking and aircraft service. A landing site is allocated to ensure takeoff and landing of aircraft. This is a cement site or a specially prepared artificial platform.

The airport includes a complex of facilities intended for the reception and sending aircraft and air transport, which has an airfield for these purposes, terrification, other ground structures and the necessary equipment.

In its appointment, airports are divided into domestic and international.

In addition, objects are placed on the lands of air transport unified system Air traffic organization. These include complexes of buildings, structures, communications, as well as ground facilities and air traffic maintenance systems, navigation, landing and communication, intended for the organization of air traffic. The list of such objects is established by aviation rules.

The terrain around the airfield, limited in size, on which the aircraft maneuvering is carried out (sub-produm territory), has a special mode. It includes an adjacent control area of \u200b\u200bthe control and accounting of objects and obstacles, as well as the environmental safety zone. Its size is established by aviation rules.

Security zones are created around the airfields and other transport objects, where the rights of adjacent owners, owners and users can be limited.

Lands of pipeline transport These are land plots engaged in terrestrial and overhead trunk pipelines and their structures, as well as ground structures underground main pipelines.

Lands of pipeline transport consist of a bandwidth and immediately adjacent land serving pipelines.

Resolution of the Council of Ministers of the Republic of Belarus dated April 11, 1998 No. 984 approved rules for the protection of main pipelines. Pipeline routes must be equipped, designated information and identification icons. In order to ensure normal operating conditions of the main pipelines transporting oil, natural gas, petroleum products and other products, security zones are installed:

Along the pipeline route - in the form of a plot of land, limited by conventional lines passing by 50-100 m from the axis of the pipeline on each side (depending on the transported products);

Along the underwater transitions - in the form of a portion of the aqueous space from the water surface to the bottom, concluded between parallel planes, laugging from the axes of extreme pipelines per 100 m on each side.

The security zones are installed and around the containers for storing and permitting condensate, around technological installations for the preparation of products and other objects.

Any work and actions produced in the security zones of pipelines are carried out in accordance with the instructions for the production of works in the security zones of the main pipelines approved by the Decree of Promatomnadzor of May 29, 1998 No. 6.

Land plots included in the security zones of pipelines are not withdrawn from landowners and land users and are used for agricultural work under the condition of mandatory compliance with legislation.

Field agricultural work in the security zones of trub-wires is made by landowners and land users with preliminary notification of pipeline transport enterprises.

Pipelines belong to the production of increased risk, and therefore the rules for the protection of main pipelines (PP. 16, 17) prohibitions and restrictions related to this functioning are provided.

Lands of inland water transport Plots occupied by river ports, marins, service, residential, cultural and household premises and structures, other facilities serving this transport.

River transport authorities, in addition to the right to use by the fixed links, have special rights regarding the coastline of shipping rivers, canals, lakes. These lands are not transferred to the use of transport authorities, but remain in previous possession or use. River transport authorities have been granted the right to use these sections for the racgy thrust of vessels and rafts, the imaging and repair of ships, temporary storage of goods, the construction of security facilities, maintaining shipping, for other purposes related to improving shipping.

The use of the coastal strip for the needs of fisheries in those places where it is used for the needs of navigation, is allowed in coordination with the bodies of inland water transport.

Legal regime of road land

To ensure the activities of organizations and operation of road transport facilities and objects, according to paragraph 3 of Art. 90 ZK, land plots may be provided for:

accommodation of roads, their structural elements and road structures;

accommodation of bus stations and bus station, other road facilities and objects of the road economy necessary for the operation, maintenance, construction, reconstruction, repair, development of land and underground buildings, buildings, structures, devices;

installation of road removal strips.

Land plots on road removal strips within the land of road transport can be transmitted in the order established by the order to rent citizens and legal entities, placement of road service and outdoor advertising facilities.

On the stripping of roads, with the exception of cases envisaged by the legislation, it is prohibited: the construction of residential and public buildings, warehouses; Conducting construction, geological exploration, topographic, mountain and survey work, as well as a device of ground structures; The disarm of the land of the leaf of grass, the rin and damage to perennial plantations, the removal of the turf and the ground removal; Installation of outdoor advertising, information shields and pointers that are not related to road safety. Sheinin L.B. Land law Russia. - M., 2007.

Railway outlet strip - land plots adjacent to railways, land plots intended for accommodating railway stations, drainage and strengthening devices, protective strips of forests along the railway tracks, communication lines, power supply devices, production and other buildings, buildings, structures, structures, devices and other railway transport facilities.

To create the normal conditions of operation of federal highways and their safety, ensuring the safety requirements of road traffic and the safety requirements of the population, roadside bands are created in the form of federal roads of land plots on both sides to the landscapes of federal roads of land plots by the provision of a special mode of their use, including the construction of buildings, buildings and buildings and structures, restriction of economic activity within roadside strips, installation of advertising boards and posters that are not related to traffic safety.

The owners of land plots, land users, landowners and tenants of land located within such roadside bands should be notified by the relevant executive authorities of the subjects of the Federation on the special mode of use of these land plots.

The situation on the lands of transport includes road housekeeping land, land engaged in roads and directly adjacent to them buildings and structures, as well as structures and devices of energy, garage, benzoocarditus, bus station and bus stations and other structures. The main part of the lands of roads - the strip of removal.

In roadside stripes of roads, a special mode of use of lands is installed. Decree of the Government of the Russian Federation of December 1, 1998 No. 1420 approved the rules for the establishment and use of roadside lanes of federal roads for the general use of the SZ RF. 1998. No. 49. Art. 6059; 2000. No. 6. Art. 776.

The special regime of the use of land within the roadside bands provides a number of restrictions in the implementation of economic activities within these bands to create normal operating conditions of roads and their safety, ensuring the safety requirements of the road traffic and the safety of the population.

Owners, owners, users and tenants of land located within the roadside bands should be notified by the relevant executive authorities of the subjects of the Russian Federation on the special mode of using these lands. Land plots within the roadside strips of their owners, owners, users and tenants are not withdrawn.

The control over the placement within the roadside bands of objects and compliance with the requirements of these rules is carried out by specially authorized executive authorities of the subjects of the Russian Federation, the authorities for which the management of federal road roads are entrusted, as well as the traffic police of the Ministry of Internal Affairs of Russia.

The width of each roadside band is differentiated depending on the category of the Federal Automobile Road and, taking into account the prospects for its development. In the boundaries of settlements, the size of the roadside strip for the existing federal roads is set to the boundary of the existing development, but not more than 50 m. Denote the boundaries of roadside strips of the controls of federal roads.

The main limitation of the rights of owners, owners, users and tenants of land plots is that the construction of capital structures (structures with a service life of 10 or more) are prohibited within the roadside bands), with the exception of road service facilities, traffic police facilities of the Ministry of Internal Affairs of Russia and road service facilities .

Owners, owners, users and tenants of land located within the roadside bands have the right to exercise economic activities in these land plots, taking into account the restrictions established by the Regulations; erect objects permitted by the land plots provided by him; Receive information about the repair or reconstruction of the federal highway. Jarikov Yu.G., Sheinin L.B., Sivakov O.V. Land Law: Tutorial. - M., 1995

The owners, owners, users and tenants of land located within the roadside bands are assigned to the following duties: comply with land use rules within roadside strips, as well as environmental safety standards; Do not harm the federal road, comply with the operating conditions of the highway and road safety; provide admission to the land plots of representatives of the Office of the Federal Automobile Dear, and also to fulfill the prescriptions issued by them; coordinate with the authority of the Federal Automobile Dear and the traffic police providing land plots within roadside strips, as well as the construction of such land plots of buildings and structures to them; In cases stipulated by the rules, to demolish and transfer noncapital buildings and structures erected on land.

In cases of the construction of objects with violation of the rules within the roadside lanes, buildings and structures are recognized in the prescribed manner of unauthorized construction, and for those who built them, the measures provided for by the legislation of the Russian Federation are being taken.

For violation of the rules, owners, owners, users and tenants of land sites located within the roadside strips can be held accountable in the manner prescribed by law.

The boundaries of the security zones on which the objects of the gas supply system are placed on the basis of construction standards and rules, the rules for the protection of main pipelines, other regulatory documents approved in the current manner.

In these land plots, it is not allowed to build any buildings, buildings, structures within the established minimum distances to the objects of the gas supply system. Jarikov Yu.G. Russian land right: textbook. - M., 2006

It is not allowed to impede the organization to the owner of the gas supply system or the organization authorized in the maintenance and repair of the objects of the gas supply system, the elimination of the consequences of the accidents arising on them, disasters (clause 6 of Article 90 of the Ts).

On land areas related to the lands of transport, security zones are established with the special conditions for the use of such land plots.

State regulation in the field of road transport

State regulation in the field of general use road transport is carried out in order to: ensuring the balance of the interests of the state ...

Land law

The legal regime of land settlements is the procedure for the use and protection of land plots established by the norms of land, urban planning and other legislation within the boundary of the settlement ...

Land legal relations

One of the categories of land established by the Land Code of the Russian Federation - land of agricultural purposes. The Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (adopted by the State Duma of the FS RF 28.09.2001) (Ed. Dated December 27, 2009) // Meeting of the Legislation of the Russian Federation, - 29.10.2001. - № 44 ...

Land transport

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

Transport land under the legislation of the Republic of Belarus

Transport land includes areas provided to enterprises and transport organizations to fulfill the tasks of operation, content, construction, reconstruction, repair ...

International cooperation in the use and protection of land. Legal Regime Land Water Fund

In accordance with the Earth Code, the Lands of the Water Fund include land employed by water facilities, as well as land plots provided for water management, including for the placement of water management and devices ...

Methodology for conducting cadastre of land engaged in roads with the use of land information systems

The objects of transport systems of the Russian Federation, regions and municipalities are occupied by significant land areas, about 700 thousand hectares. Their legal regime depends on the type and purpose of transport communications ...

The procedure for investigations of accidents and accidents on transport

Automobile transport Now the most common type of transport. Automobile transport younger railway and water, the first cars appeared at the very end of the XIX century ...

Ownership of land and forest management

Legal Regime Land Water Fund

The procedure for the use and protection of land of the water fund is regulated by the Land Code of the Russian Federation and water legislation ...

Legal regime of land settlements

The legal regime of land settlements is a combination of contained in the land, environmental, urban planning and other legislation of the Russian Federation and its subjects ...

Agricultural land is essential in development russian economyThey are the main sphere of the production of products for the population and raw materials for industry. Existing legislation, as a rule ...

Legal regime of agricultural land

Legal regime of agricultural land

Article 78 of the Land Code of the Russian Federation specifies the goals of the use of agricultural land and lists the subjects that are entitled to use the lands of this category ...

Legal regime of agricultural land

The peasant (farmer) economy is a unification of citizens related to relationship and (or) property ...

These include the land, which can be used either are intended to implement the tasks associated with the provision:

  • company activities;
  • operation of objects related to air, rail, water (river, sea), car type transport;

Determination of land lands and categories of sites that make up these land is regulated.

Legal regime of land transport possesses several features:

  • it establishes a zone that has a special condition for the use of territories;
  • it applies to areas that belong to transport areas and adjacent posts.

Provision of land transport

Transport land (based on paragraphs 2-8, 90th article ZK) designed and can be used In order to ensure the operation of the structures and activities of companies that can be attributed to the industry:

  1. Railway transport.Free areas related to the lands of railway transport may be provided for leasing by physical or legal entities under:
    • unloading and loading device;
    • warehousing and storage of various cargo (except explosive and chemicals or fuels);
    • providing various services to passengers;
    • construction of varnish warehouses;
    • agricultural activities.
  2. Road transport. Plots of the Earth, which are in the zone of motorway removal, are provided by the Physical and Jur. Persons for creating buildings of the road service designed to recreate the necessary conditions for the safety and use of roads and safety of motor vehicles.
  3. Water (river, maritime) transport. Private companies and individuals are provided by part of the coastline of inland waterways, which are located beyond the location of the settlement, to conduct work in the enterprise of shipping by river paths.
  4. Air transport. Public and private companies are provided with territories to accommodate underground and terrestrial objects that are necessary for repair, reconstruction and control of air liners.
  5. Pipeline transport. In areas of land of the pipeline system provided to citizens and companies to conduct a credibility, located near the main pipeline, the construction of various buildings and the creation of obstacles to emergency repair work on the pipeline lines are prohibited.

On the lands of transport can be placed several types of objects:

  • railway tracks, stations and train stations;
  • strips Taps and security zones for railway tracks;
  • automobile roads, road service services, stationary posts of the Ministry of Internal Affairs;
  • water lines appearing with artificial way, river and marine pier, pier, ports, lighthouses;
  • boarding and takelets, airports, airfields, airports;
  • pipeline, gas pipeline, oil pipeline systems.

Dimensions of land transport

Dimensions land of transport Defined on the basis of current legislation or typical projects for the construction of transport buildings. In a situation where there are no current legislation and there is no opportunity to use typical projects (due to the specifics of the relief, climatic or technical and engineering features, the subtleties of the object under construction), the size of the plots can be defined using design and estimate documentation.

The right to determine the size of the transport land is endowed with municipal or state structures that carry out accounting and control of territories relating to the appropriate types of transport (air, railway, water, automotive).

Private case

Article 90 (paragraph 8) ZK The restriction on the translation of land in the category of transport land is introduced. In particular, put on ones, which are used to reconstruct, erend, overhaul of the objects of the pipeline system, but belong to other categories of land, are not transferred to the group "Land of Transport", but only provided for temporary use For the period of the implementation of the necessary repair activities.

Conclusion

Summing up the article, several key points should be allocated:

  1. Transport land is designed to place buildings that will be used in direct appointment and for repair purposes in the transport industry.
  2. Plots belonging to other land categories, but used to maintain pipelines are not translated into the category of "transport land".
  3. Reservation of land lands occurs in the manner approved resolution No. 561..

List of laws

The most popular questions and answers to them on the lands of transport

Question: My name is Svyatoslav Zakharovich. I am the head of the city council in a small village of the Sverdlovsk region. At one of the outskirts of the city, the construction of a new microdistrict is held (which will contain orders 10-15 multi-storey houses). At the session of the City Council, it was decided to build the city near the new microdistrict a small reserve power plant designed to supply new houses with electricity. Power station will be connected to the city The line of electrical storage facilities attached to metal supports that will be installed on the sections of the garden cooperative. However, since the local budget at the moment is not enough funds for the construction of the power plant, it was decided to begin construction work next year. I have a question: on what basis and for what period do you can reserve land to place the lines of electrical storage on them?

Answer: Svyatoslav Zakharovich, in your case the land of the garden cooperative can be reserved for a period up to twenty years, and the basis for reservation serve and 90 (paragraph 8) ZK. Reserved the territory should be in the manner that is approved in 2008. Stages of actions will be as follows:

  1. Deputies of the City Council must be a petition for the reservation of incidents and send it to you for consideration. Together with the petition, you should be provided with a few more documents issued by Rosrester and containing information on the planning of the territory, which will be reserved.
  2. Based on the received documents, you make a decision on reserving the territory. The decision must be written in writing (in the form of an act). In the compiled act, mandatory, information about:
    • duration and goals of reservation of incidents;
    • details of the document, which served as the basis for reservation (in your case, is the decision of the deputies of the city council);
    • date and place where the heads of the garden cooperative will be familiar with the decision.
  3. In local media (newspapers or television channel), it is necessary to publish either voice the decision. After that, the reservation of the plots acquires strength.
  4. A group of deputies, which controls the reservation process, should send the scheme of the reserved posts and a copy of the decision to Rosreestr to register the rights established by the adopted act.

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:

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:

  1. Air Code of the Russian Federation.
  2. 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:

  1. roadside and bail cafes;
  2. hotels and mini hotels;
  3. 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 for environmental condition ambient. 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 obey general rules operation provided 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 zoom belonging to this kindIt is allowed to be leased by renting rental rights from 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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