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Posted: Wed Jan 22, 2025 6:46 am
For many years, Russian telecom operators have sought the right to establish a public easement, which would give them the opportunity to lay communication lines on other people's land plots. On August 4, 2023, Federal Law No. 430-FZ "On Amendments to the Land Code of the Russian Federation", which the State Duma adopted on July 21, 2023, came into force. This law introduced the possibility of establishing a public easement into the Land Code, in particular, for the placement of communication lines and structures.
4 of Article 39.38 that when france whatsapp number database constructing communication lines and structures in the territories of two or more subjects of the Russian Federation, a public easement is established by the authorized federal executive body - in the case of telecom infrastructure, this is the Ministry of Digital Development, Communications and Mass Media of the Russian Federation. Now any communications operator can apply to the agency with a petition to establish a public easement.
Public easements for linear objects located on the territories of two or more municipal or urban districts may be established by regional authorities. At the same time, amendments to the Land Code clearly indicate that the fact that land plots are in state or municipal ownership cannot be an obstacle to establishing an easement in relation to them.
"Now all communications workers have the right to receive public easements for any land, except for plots for individual housing construction and personal subsidiary farms," a manager of a large trunk operator responsible for construction projects told a ComNews correspondent. "But the issue remains complex, expensive and confusing, although the amendments to the Land Code adopted in August 2023 have greatly simplified it."
However, within 30 days from the date of publication of the notice of the possible establishment of a public easement, citizens and organizations, including natural monopoly entities, may send objections to the establishment of a public easement to the body authorized to establish it. The applicant must attach title documents to the relevant linear facility to the objection. Receipt of objections is grounds for refusal to establish a public easement.
A representative of the press service of the Ministry of Digital Development told a ComNews correspondent that when establishing an easement, the interests of the land owners are taken into account: "The owner or lessee of the land is required to pay a fee. The holder of a public easement, after its establishment, is obliged to enter into an agreement with the owner or lessee of the land, and also to bring the land into a condition suitable for use."
A representative of the press service of PJSC MegaFon reported that sometimes the establishment of public easements is a necessary procedure: "The establishment of a public easement is one of the ways to formalize rights to land plots for the construction of infrastructure. In a number of cases, this method is inevitable, since there are no other options for formalizing relations - for example, in the right-of-way of highways. We also had to use this method when there were no other options for formalizing rights to land plots."
Between 2021 and 2023, the Ministry of Digital Development established more than 200 public easements for fiber-optic communication lines and antenna mast structures. In 2022-2023, the largest number of easements were received by five regions of the country: Krasnodar Krai, Tver, Samara, Saratov and Rostov regions.
4 of Article 39.38 that when france whatsapp number database constructing communication lines and structures in the territories of two or more subjects of the Russian Federation, a public easement is established by the authorized federal executive body - in the case of telecom infrastructure, this is the Ministry of Digital Development, Communications and Mass Media of the Russian Federation. Now any communications operator can apply to the agency with a petition to establish a public easement.
Public easements for linear objects located on the territories of two or more municipal or urban districts may be established by regional authorities. At the same time, amendments to the Land Code clearly indicate that the fact that land plots are in state or municipal ownership cannot be an obstacle to establishing an easement in relation to them.
"Now all communications workers have the right to receive public easements for any land, except for plots for individual housing construction and personal subsidiary farms," a manager of a large trunk operator responsible for construction projects told a ComNews correspondent. "But the issue remains complex, expensive and confusing, although the amendments to the Land Code adopted in August 2023 have greatly simplified it."
However, within 30 days from the date of publication of the notice of the possible establishment of a public easement, citizens and organizations, including natural monopoly entities, may send objections to the establishment of a public easement to the body authorized to establish it. The applicant must attach title documents to the relevant linear facility to the objection. Receipt of objections is grounds for refusal to establish a public easement.
A representative of the press service of the Ministry of Digital Development told a ComNews correspondent that when establishing an easement, the interests of the land owners are taken into account: "The owner or lessee of the land is required to pay a fee. The holder of a public easement, after its establishment, is obliged to enter into an agreement with the owner or lessee of the land, and also to bring the land into a condition suitable for use."
A representative of the press service of PJSC MegaFon reported that sometimes the establishment of public easements is a necessary procedure: "The establishment of a public easement is one of the ways to formalize rights to land plots for the construction of infrastructure. In a number of cases, this method is inevitable, since there are no other options for formalizing relations - for example, in the right-of-way of highways. We also had to use this method when there were no other options for formalizing rights to land plots."
Between 2021 and 2023, the Ministry of Digital Development established more than 200 public easements for fiber-optic communication lines and antenna mast structures. In 2022-2023, the largest number of easements were received by five regions of the country: Krasnodar Krai, Tver, Samara, Saratov and Rostov regions.