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In Kazakhstan's major cities, the issue of land plots with houses being acquired for state needs continues to spark concern. This process can lead to the demolition of entire streets or neighborhoods, drawing protests not only from property owners but also from residents who value their city's existing landscape.

Recent events in Astana's Zarechny district saw residents opposing the demolition of their homes for state projects. Similar demonstrations have occurred in various parts of Almaty. Property owners facing these situations generally fall into two categories: those who believe the compensation offered is too low, and those who are unwilling to leave their homes, ancestral gardens, and familiar surroundings.

Government Stance and Legal Framework

Government bodies emphasize that property rights are protected under Kazakh law. According to Article 255 of the Civil Code, the termination of property rights due to a state decision, including the seizure of land plots with houses and other structures, can only occur under legally defined circumstances. This requires offering the owner equivalent property and full compensation for any other losses incurred. If an owner disagrees with the termination decision, it cannot be implemented until the dispute is resolved in court, during which time compensation issues are also addressed.

The Almaty City Administration's Land Relations Department clarified that compulsory land acquisition for state needs is specifically for projects like transportation infrastructure, social facilities (schools, hospitals), and energy facilities. If an owner disagrees or refuses to vacate, the local executive body has the right to file a lawsuit for compulsory acquisition, with the matter being decided by the court.

Expert Insights on Property Rights

Legal experts note that while the general legal framework for land acquisition exists, its practical application can be problematic. Lawyer Ruslan Kozhakhmet points out that court proceedings often focus on three key issues: whether the acquisition truly meets state needs or is merely for convenience, the accuracy of property valuation, and whether notification and participation procedures for owners were followed.

Kozhakhmet states, "Based on my legal practice, Kazakhstan's current legal framework aligns with basic property protection guarantees. However, its effectiveness directly depends on the quality of law enforcement, particularly how thoroughly courts examine the justification for acquisition and ensure fair economic compensation."

Another lawyer, Artem Koval, highlights that while the constitution allows for property seizure for state needs with equivalent compensation, procedural violations and rights infringements are common in practice. He emphasizes that the public consultation process for land acquisition and changes to the General Plan is often flawed, with insufficient time and opportunity for meaningful public input.

Addressing Compensation and Additional Costs

For property owners who are willing to sell but find the compensation inadequate, experts advise considering all potential losses. This includes not only the market value of the land and housing but also costs associated with moving, such as transportation, temporary housing rental, and storage for belongings. If the property includes a business or farm, compensation should also cover relocation expenses and lost profits during the transition period.

A significant, often overlooked, aspect is the care of pets. Experts argue that the state should either provide facilities like shelters or cover the costs of transporting and housing animals during relocation, preventing owners from abandoning them.

What Property Owners Can Do

If you receive a notice of land acquisition for state needs, experts recommend using the e-otinish platform to request excerpts from your city's General Plan or land relations department. This will clarify the intended use of your land.

Compare the administration's stated purpose with the list of state needs outlined in Article 84 of the Land Code of Kazakhstan. For instance, if the General Plan indicates housing construction but the administration's resolution cites a different purpose, the resolution might be challengeable.

Consider commissioning an independent valuation report that includes not only the property's market value but also relocation costs and other associated expenses. This can strengthen your claim for higher compensation in court.

In some cases, residents have successfully defended their neighborhoods. In Almaty, community efforts and appeals to higher authorities led to the cancellation of demolition orders for two residential areas. Additionally, the Almaty prosecutor's office recently annulled a decision to forcibly acquire a valuable land plot, preventing its seizure for state needs.