COMPENSATION FOR DAMAGES OR REPURCHASE OF REAL ESTATE AS A CONSEQUENCE OF THE ESTABLISHMENT OF SANITARY PROTECTION ZONE

Abstract

The article discusses the causes of losses and the right to demand a forced purchase of real estate in the event of the establishment of sanitary protection zones of production facilities. The main research method is the analysis of regulations and literature. It has been determined that losses may occur and are subject to compensation both in the case of unlawful actions of public authorities and private individuals, and in the case of the legal establishment of a sanitary protection zone. The problems of indemnification relate to the difficulty of reaching a compromise in determining fair monetary compensation for the resulting restrictions on the rights of owners and other right holders of real estate. In addition, the article deals with the problem of the occurrence of non-obvious losses, the need for compensation for which judicial practice and the current legal regulation does not give an unambiguous answer. The law enshrines the rule on the possibility for the affected owner to demand from the owner of the production facility that has established a sanitary protection zone, the forced purchase of his land plot and other real estate objects located on it. The problems with redemption are almost the same as those that are typical for compensation for losses. However, the article establishes a problem in the complexity of the choice between damages and the right to demand the purchase of real estate, which entail certain legal risks. The presence of environmental risks of an unorganized increase in the territory of lands with an unfavorable environment has been established. The results obtained can be used to improve legislation and law enforcement practice in the issues raised.