Is it possible to lose the right to an agricultural plot that is not used for its intended purpose?

The full question reads like this: “I own a plot of land classified as agricultural land. I heard that if lands are not used for their intended purpose for a long time, they can be confiscated from the owner. Is it so?"

If the owner does not use his land plots classified as agricultural land with a permitted type of use for agricultural production for three or more years, the authorized government body has the right to forcibly seize such land plot from the owner.

Owners of land plots are obliged to use them in accordance with their intended purpose and permitted use, including methods that should not harm the environment, including the earth as a natural object, and begin using land plots in a timely manner.

In accordance with the current land legislation, all lands in the Russian Federation are divided into categories. One of these categories includes agricultural land.

Land plots of various categories are used by owners depending on the type of their permitted use, for example, agricultural lands can be used to create protective forest plantations, for research, educational purposes, for citizens to carry out gardening, vegetable gardening and summer cottage construction, as well as for other purposes related to agricultural production.

Also, one of the types of permitted use of land plots from the category of agricultural land is the use of such land plots for agricultural production.

In this answer, based on the wording of the question posed, we reveal the features of the turnover of agricultural land with a permitted type of use for agricultural production.

Current legislation provides that a land plot from agricultural lands can be forcibly seized from its owner in court if for three or more consecutive years from the date such an owner acquires ownership of the land plot, it is not used for agricultural production or carrying out other activities related to agricultural production (Article 284 of the Civil Code of the Russian Federation, Article 6 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land”).

At the same time, the above-mentioned period does not include the time during which the land plot could not be used for its intended purpose due to natural disasters or other circumstances precluding such use, as well as the period for development of the land plot, which cannot be more than two years.

Signs of non-use of land plots for agricultural production or other activities related to agricultural production are, for example, the absence of work on cultivating crops, tillage, haymaking, forest cover and (or) bush cover of agricultural land over 30%, waterlogging over 20% and etc.

To prevent the seizure of agricultural land, owners need to carry out agricultural production on the land plot, for example, activities for the cultivation, production and processing of agricultural products (products of crop production, agriculture and forestry, livestock, beekeeping), raw materials and food, including the provision of relevant services .

Confiscation of a land plot is carried out by an authorized state body (Rosreestr bodies) only in court. In this case, going to court is preceded by a mandatory inspection by the Rosreestr authorities regarding the non-use of land plots. If a violation of land legislation is established and a person is found guilty, a resolution is issued imposing an administrative fine (from 2,000 rubles to 5,000 rubles for individuals). At the same time, an order is issued to eliminate the violation of land legislation, setting a deadline for eliminating the violation. The inspection materials are sent by Rosreestr officials to the authorized body of the constituent entity of the Russian Federation.

In the event that the owner of the land plot, within the period established in the issued order, has not eliminated the violations of land legislation identified by the inspection body, the authorized body of the constituent entity of the Russian Federation has the right to apply to the court with an application to seize the land plot from the violator and sell it at public auction.

Conclusion:

A land plot belonging to the category of agricultural land with a permitted type of use for agricultural production may be seized from the owner in court if it is not used for agricultural production or other activities related to agricultural production for three or more years in a row. At the same time, the procedure for withdrawing a land plot is a step-by-step process that takes a certain time.

Arable land under duress