On Dualism of the Legal Nature of Real Estate Withdrawal for State Needs

The article reveals the dualism of the legal nature of the seizure of immovable property for state needs. The norms of the Civil Code of the Russian Federation define the grounds and legal consequences of the seizure of immovable property, as well as guarantees provided to their owners: the presence of a notification of the decision on seizure; the right of the rightholder to own, use and dispose of property before its seizure; mandatory market determination of the cost of compensation for seized property; the possibility of seizure of immovable property only by agreement with the rightholder; judicial protection of the owner’s rights in case of disagreement on the terms of the agreement. The norms of land and administrative law form public legal means consisting in the powers of executive authorities, procedural mechanisms of actions of authorized bodies and officials, and legal possibilities for the use of administrative coercion in their implementation. All this reflects the duality of the legal nature of the seizure of real estate for state needs.