Adoption of Claims, Preparation for Trial of Cases on Recognition of Property Right on Unclaimed Land Shares after Municipal Formations
Cases on recognition of property rights on unclaimed land shares after municipal formations are examined based on the Federal Law dated July 24, 2002 № 101 - FZ "On Agricultural Land Transactions". Under the point 5 of article 13 of the above law special subjects - municipal formations -can seize the court. Under the point 5 of article 13 of the above law the land shares, whose owners did not manage by them during three and more years from the moment of the acquisition of rights on the land share (unclaimed land shares), are subject to isolation into the land plot. Recognition of property right on this land plot after the municipal formation leads to its forced withdrawal from owner and alienation into the municipal property, affects the property rights of the owners of the unclaimed land shares; therefore these civil cases are subject to examination by way of action proceedings. The author emphasized that the claims of municipal formations should contain the information about the accomplishment by the municipal formation of the actions, specified by law (establishment of the list of owners of unclaimed land shares; adoption by the competent local authority of the solution about the formation of land plot on account of unclaimed land shares; publication in mass-media information about unclaimed land shares with the clarification of its owners; the determination of the boundary of the land plot, which is subject to the isolation on account of unclaimed land shares, with the condition of absence during 90 days from the moment of the publication of the information of the statement of the owner of land share about the intention to use the rights of a participant in participatory share ownership). Nonperformance by the plaintiff of these actions, required for seizure to court, is the ground for return of the claim under the point 1.1 of article 135 of the Code of Civil Proceedings of the Russian Federation. And some of such claims can be left without a motion under the article 136 of the Code of Civil Proceedings of the Russian Federation.