Privatized land can be taken: in which cases this is legal.

A privatized is a valuable asset that guarantees the owner the right to its use. However, there are exceptions that allow the state or local authorities to confiscate the plot even if it is privatized.

The law allows for compulsory expropriation of land in cases of public necessity — with adherence to all procedures and guarantees, explained lawyer Maksym Boyarchuk in a comment to ''.

When land can be taken without the owner's consent

As a general rule, compulsory expropriation is only possible with substantial grounds. According to the (Article 143), the rights holder may lose the plot if:

• uses the land for purposes other than its designation;
• fails to eliminate violations of environmental or land regulations;
• engages in activities that harm the environment;
• incurs debts for which enforcement has been imposed;
• the plot is needed for public purposes.

'Conditionally, these grounds can be divided into two groups: violations by the owner and state interests', comments Boyarchuk.

How the law on land expropriation works

The procedure for expropriating land from private individuals is regulated by the Law of Ukraine ''. The document provides for two scenarios: voluntary expropriation and compulsory.

Voluntary expropriation includes:

• purchase at market value;
• compensation for damages;
• the possibility of receiving an equivalent plot.

Compulsory expropriation is applied if the owner refuses to sell the land. However:

• the basis must be public necessity (metro, highway, power lines, etc.);
• the decision is made only by the court;
• the compensation must be full and paid in advance.

Are there precedents for land expropriation?

'Land expropriation for state needs happens rarely, but such cases exist', emphasizes Boyarchuk.

For example, in case No. 851/9/19, which was considered by the Second Appellate Administrative Court on April 24, 2019, Kharkiv City Council achieved compulsory expropriation of objects for the construction of the third metro line.

This means that even without violations by the owner, the land can be expropriated if public need is proven.

When is a share considered lost?

A separate case involves land shares that have not been registered in ownership or have not been designated in kind.

According to the Law of Ukraine '', a land share is considered unclaimed if there is no document for it or it has not been designated on the ground.

Moreover, ownership rights must be formalized by January 1, 2028; otherwise, the share may be lost.

'If the owner or heir does not formalize the documents by 2028, it is considered that they have renounced their right to the land', warns the lawyer.

In such a case, the village, settlement, or city council may initiate the transfer of the plot to communal ownership through the court by the procedure for recognizing property as ownerless.

What to do to avoid losing land

Landowners should be aware:

• use the plot according to its designated purpose;
• do not allow violations of land and environmental legislation;
• respond promptly to the demands of controlling authorities;
• formalize ownership of the share by 2028.

And in case of receiving an offer for purchase from the state — carefully analyze the proposed conditions and consult a lawyer if necessary.

'The owner has the full right to defend their plot but should not ignore legal requirements', concludes Boyarchuk.

The article discusses the conditions under which the state or local authorities may expropriate a privatized land plot from the owner, what scenarios the law provides regarding land expropriation, and how to avoid such a situation.