Article 7. Provision of land for the construction of highways Chapter 2. Highway Lands of the Highway Act

     1. For the construction and maintenance of public roads, land users are provided with land for a right-of-way based on established norms, depending on the category of the highway and sections of the roadside strip according to the design documentation. Lands for the needs of public roads, including highways or sections thereof, transferred for the implementation of a public-private partnership project, including a concession, or to a National Operator for trust management, are allocated for permanent land use to a road authority, and for temporary land use to service providers engaged in the construction, reconstruction and repair of highways. in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     2. The size of the right-of-way of the projected public highway is set depending on its category according to the land allocation standards for public highways, namely: for roads of technical category I - 35 meters from the road axis, for roads of technical category II - 20 meters, for roads of technical category III - 15 meters, for roads of the IV technical category - 13 meters each, for roads of the V technical category - 12 meters each.  

     3. Lands for public roads are provided by the decision of the relevant local executive body and are allocated locally by authorized bodies on land relations.  

     4. Lands occupied by public roads (with the exception of those sold to the state Islamic special financial company by decision of the Government of the Republic of Kazakhstan) belong to state ownership, are indivisible and are not subject to transfer to private ownership. Any structures built on the lands of public roads in violation of the established procedure for approving the use of these lands are considered illegal and are subject to demolition in accordance with the procedure established by law by the person who carried out the unauthorized construction, or at his expense.

     5. Lands for commercial and private roads are provided in accordance with the procedure established by the land legislation of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 17, 2001 No. 245.

      This Law regulates the legal, organizational and economic foundations of the state management of highways in the Republic of Kazakhstan, their construction, operation and development in the interests of the state and users of highways.

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