Land Consolidation Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/501122014001/consolide
Published: 2014-07-01

Land Consolidation Act

Passed 25.01.1995
RT I 1995, 14, 169
Entry into force 20.02.1995
Amended by the following legal instruments (show)

Passed
Published
Entry into force

14.06.1995
RT I 1995, 59, 1006
22.07.1995

30.04.1996
RT I 1996, 36, 738
07.06.1996

20.01.1999
RT I 1999, 10, 155
01.01.2000

09.06.1999
RT I 1999, 54, 580
02.07.1999

06.03.2001
RT I 2001, 31, 171
29.03.2001

14.11.2001
RT I 2001, 93, 565
01.02.2002

19.06.2002
RT I 2002, 61, 375
01.08.2002

16.10.2002
RT I 2002, 90, 521
01.01.2003

19.02.2014
RT I, 13.03.2014, 4
01.07.2014

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

Chapter 1 General Provisions 

§ 1.  Purpose of Act

This Act sets out the procedure and principles for land consolidation.

§ 11.  Application of Administrative Procedure Act

The provisions of the Administrative Procedure Act (RT I 2001, 58, 354) apply to the administrative proceedings specified in this Act, taking account of the specifics of this Act.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 2.  Definition of land consolidation

(1) For the purposes of this Act, ‘land consolidation’ means steps with the aim of creating opportunities for the more practical use and management of immovables located in areas of dispersed settlement by taking land consolidation steps.
(2) Land consolidation steps include reallocation, exchange and division of immovables, ascertainment of restrictions on immovable property ownership and determination of boundaries of immovables.
(3) Land consolidation is based on land consolidation requirements, the intended use of immovables determined by physical planning, the rights of the owners of immovables and the public interests.
(4) [Repealed – RT I 1995, 59, 1006 – entry into force 22.07.1995]

§ 3.  Land consolidation and supervision

(1) Land consolidation in the territory of a city or rural municipality is within the competence of the local authority.
(2) Administrative supervision over the lawfulness of land consolidation is exercised by the county governor.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 4.  Person performing land consolidations, their rights and duties

(1) Person performing land consolidations are certified surveyors or persons holding a corresponding licence.
(2) Person performing land consolidations have the right to:
1) be on the immovable of another person from sunrise to sunset for the purposes of land consolidation;
2) receive information necessary for land consolidation from the parties to land consolidation, state authorities and local authorities;
3) make proposals to the owners of immovables for the alteration of boundaries between immovables according to initiated land consolidation steps;
4) propose that land from the state land reserve be added to immovables involved in consolidation for the purposes of practical land consolidation;
5) certify extracts of land consolidation plans.
(3) A person performing land consolidation is required to:
1) inform the local authority of the performance of simple land consolidation steps two weeks before the initiation thereof;
2) ascertain the opinions of the parties to land consolidation concerning land consolidation;
3) maintain the secrets of the parties to land consolidation that the person performing land consolidation becomes aware of in the course of land consolidation.

§ 5.  Land consolidation requirements

(1) Land consolidation requirements are conditions arising from the law and technical and economic factors that ensure the practical use and management of immovables.
(2) Land consolidation is based, in particular, on the following requirements:
1) the owner’s request for the practical use of an immovable;
2) sustainable use of natural resources, ensuring a healthy environment and maintaining the characteristics of the landscape;
3) suitability of an immovable for its intended use;
4) ensuring practical access to an immovable;
5) ensuring the integrity and practical shape of an immovable; establishment of clear and simple boundaries and consideration of natural boundaries;
6) avoidance of strip-like and wedge-shaped forms in an immovable;
7) practical construction and use of roads, lines, other buildings and land improvement systems.

§ 6.  Financing of land consolidation

(1) Land consolidation is financed by the owner of the immovable, unless otherwise provided by law or contract.
(2) The procedure for financing land consolidation, allocation of state benefits and credits will be established by the Government of the Republic.
(3) If costs pertaining to reallocation have not been paid by the time alterations arising from land consolidation steps are entered in the land register, a real encumbrance is entered in the land register part of the immovable on the basis of an application of the person performing land consolidation. The entry is based on a land consolidation plan or an extract thereof. The costs are based on the actual costs of taking land consolidation steps and on procedural expenses. The procedure for the determination of costs will be established by the Government of the Republic.

Chapter 2 Parties to Land Consolidation 

§ 7.  Parties to land consolidation

(1) The owner of an immovable whose rights are affected by land consolidation is a party to land consolidation (hereinafter party).
(11) The owner of an immovable whose interests are affected by land consolidation may also be a party.
(2) Upon transfer of the right of ownership in the course of land consolidation, the new owner is deemed a party to land consolidation and the rights and obligations of the former owner are transferred to the new owner.
(3) The state as the owner of an immovable is represented in land consolidation as a party thereto by the state authority appointed as the administrator of the immovable. The state as the owner of an unregistered immovable is represented in land consolidation as a party thereto by the county governor of the location of the immovable or by a person authorised by the county governor.
(4) If a party has deceased, the party is represented in land consolidation by the county governor of the location of the immovable or by a person authorised by the county governor until a certificate of the right of succession is issued.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 8.  Rights of parties to land consolidation

(1) A party has the right to:
1) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]
2) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]
3) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]
4) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]
5) before a land consolidation plan is agreed upon, request that the boundaries of the immovable be shown to them in the field;
6) request that the rental payments due under a commercial lease or the right of superficies be adjusted upon a change in the value of an immovable and conditions of use caused by land consolidation;
7) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]
8) conclude cooperation agreements or establish land consolidation associations for the preparation of land consolidation plans.
(2) The new party has no right to contest land consolidation steps that have been performed before the transfer of the rights to the new party.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 9.  Land consolidation association

(1) The owner of an immovable on whose immovable land consolidation steps are taken may be a member of a land consolidation association.
(2) Members of a land consolidation association are required to pay the association the costs arising from land consolidation.

Chapter 3 Land Consolidation 

Division 1 Performance of Land Consolidation 

§ 10.  Land consolidation steps

(1) Simple land consolidation steps are those listed in §§ 12–15 of this Act that are taken at the request of the owners of the consolidated immovables.
(2) Reallocation may be initiated at the request of persons specified in subsection 17 (2) of this Act.
(3) Land consolidation steps are taken on the basis of a land consolidation plan. A land consolidation plan is a plan for the reallocation, exchange or division of an immovable.
(4) In the course of simple land consolidation steps, immovables are divided, merged, joined and separated in accordance with the procedure provided for in the Law of Property Act (RT I 1993, 39, 590) and the Land Register Act (RT I 1993, 65, 922; 1994, 94, 1609).
(41) The provisions regulating open proceedings apply to reallocation proceedings, taking account of the specifications of this Act.
(5) Upon completion of land consolidation steps, the boundaries of immovables are determined in the field and a cadastral unit formation file is prepared by the person performing land consolidation. The size of a formed immovable as marked on the land consolidation plan may differ from the size surveyed in the field by up to 1 per cent, and a party has no right to claim compensation for such difference.
(6) A cadastral survey of an immovable is carried out on the basis of the land consolidation plan in accordance with the procedure provided by law.
(7) Disputes concerning the right of ownership in an immovable do not prevent reallocation. Until the owner is identified, a party is represented in a simple land consolidation step by the county governor of the location of the immovable or a person authorised by the county governor.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 11.  Completion of land consolidation steps

(1) Land consolidation steps are deemed to be completed when an immovable has been registered in the land cadastre and amendments arising from the land consolidation steps have been entered in the land register.
(2) If an immovable does not need to be entered in the land register, land consolidation steps are deemed to be completed upon registration of the immovable in the land cadastre.
(3) Upon taking land consolidation steps, an immovable is registered in the land cadastre on the basis of the cadastral unit formation file submitted by the person performing land consolidation.
(4) Amendments resulting from land consolidation steps are entered in the land register on the basis of a written application of the person performing land consolidation and the extracts provided for in subsection (5) of this section.
(5) In order to register amendments resulting from land consolidation, the person performing land consolidation makes and certifies necessary extracts of the land consolidation plan in force.
[RT I 2001, 93, 565 – entry into force 01.02.2002]

Division 2 Simple Land Consolidation Steps 

§ 12.  Exchange of immovable

(1) The exchange of an immovable means taking a land consolidation step by agreement of the owners of immovables for the purpose of amalgamation of an immovable or a part thereof, amendment of the boundary of an immovable or a part thereof or bringing an immovable or a part thereof into conformity with land consolidation requirements.
(2) Upon an exchange, the person performing land consolidation compiles an exchange plan for an immovable or a part thereof and concerts it with the parties.
(3) A person whose immovable decreases in value as a result of an exchange has the right to request compensation from the person whose immovable increases in value. Compensation for the immovable is determined by agreement of the parties. Failing agreement, the person performing land consolidation determines the compensation on the basis of an individual valuation. Compensation for the immovable is paid in money, unless the parties agree otherwise.

§ 13.  Division of immovable

(1) At the request of the owner, an immovable may be divided into two or more physical parts without distorting its nature and, following the division, each part is deemed to be a separate immovable.
(2) To effect the division of an immovable, the person performing land consolidation draws up a division plan and concerts it with the parties.
(3) The provisions of the Law of Property Act pertaining to the division of things in common ownership apply to the division of immovables in shared ownership.
(4) An immovable is indivisible if it could no longer be used for its intended purpose or a cadastral unit could not be formed if it were divided.

§ 14.  Specification of restrictions on immovable property ownership

(1) The location of an object that causes restrictions on immovable property ownership and the extent of the restrictions are specified in the course of land consolidation.
(2) The location and extent of an object that causes restrictions on immovable property ownership are specified on the cadastre plan.

§ 15.  Identification of boundary of immovable

(1) The boundary between immovables is identified by the person performing land consolidation at the request of the owner of an immovable or of the holder of a right in rem encumbering the immovable, provided that the owner of the immovable agrees thereto. The boundary is identified based on information available in the land register, state cadastre, archives and other registers. If such information is not available, the boundary is determined on the basis of boundary marks, the extent of possession, the statements of adjacent neighbours or, if such neighbours do not exist, on the basis of the statements of at least two witnesses.
(2) The boundary between adjacent immovables is marked on a plan and in the field as well as shown in the field to the owner of the immovable or to the holder of rights in rem encumbering the immovable.
(3) Information on the identified boundary is registered in the land cadastre on the basis of documentation submitted by the person performing land consolidation.

Division 3 Reallocation 

§ 16.  Definition of reallocation

(1) ‘Reallocation’ means a set of land consolidation steps whereby immovables included in a land consolidation area are consolidated based on the interests of the owners and new immovables that comply with the provisions of subsection 5 (2) of this Act are formed and registered to each owner.
(2) Reallocation consists of the following stages:
1) submission of an application for reallocation;
2) preliminary work;
3) identification of the land consolidation area and parties to land consolidation;
4) a meeting of the parties;
5) initiation of reallocation;
6) valuation of immovables;
7) negotiations;
8) compilation of the reallocation plan;
9) concerting and approving the reallocation plan;
10) implementation of a reallocation plan;
11) registration of immovables in the land cadastre and entry of amendments in the land register.
(3) If reallocation cannot be performed in a practical manner on the basis of the former value of an immovable included in the land consolidation area, the value of the immovable to be formed may be up to 10 per cent lower than the value of the former immovable. The party whose immovable decreases in value must receive monetary compensation in the amount of the difference in value. The party who receives the immovable with a higher value must pay such compensation.

§ 17.  Submission of application for reallocation

(1) An application for the initiation of reallocation is submitted to the local authority of the location of the immovable.
(2) An application for reallocation may be submitted by the owner of the immovable, a government agency or the administrator of an immovable in state ownership. The county governor may propose the initiation of reallocation without a corresponding application.
(3) The application must set out the reasons for and objectives of reallocation.

§ 18.  Preliminary work

(1) The local authority or its authorised representative performs preliminary work in order to determine whether reallocation is practical, the scope of necessary land consolidation steps and the size of the land consolidation area and to identify the parties to and cost of land consolidation.
(2) The local authority refuse to initiate reallocation proceedings by its decision if:
1) land consolidation requirements cannot be complied with in reallocation;
2) the rights of the owner are violated or the public interests are harmed by reallocation.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 19.  Identification of land consolidation area and parties to land consolidation

(1) ‘Land consolidation area’ means land that covers the immovables subject to reallocation. Immovables that do not comply with land consolidation requirements and immovables needed for practical land consolidation are included in a land consolidation area. The minimal size of a land consolidation area is the area of three immovables.
(2) Immovables that are not adjacent may be included in a land consolidation area. Immovables that complicate reallocation may be wholly or partially excluded from a land consolidation area.
(3) Plots of land from the state reserve necessary for expedient land consolidation may be included in a land consolidation area. Conditions for sale of plots of land from the state reserve will be established by the Government of the Republic.
(4) The local authority or its authorised representative identifies the possible parties to land consolidation within three months after the date of submission of an application on the basis of entries in the land register and information in the land cadastre. Parties are identified on the basis of the land consolidation area determined as a result of preliminary work.
(5) Natural objects, cultural monuments and other immovables of special value subject to protection may be included in a land consolidation area and their boundaries may be altered by a decision of the minister responsible for the field.
[RT I 2002, 90, 521 – entry into force 01.01.2003]
(6) The local authority sends a notice of initiation of reallocation to all the presumable parties and publish a notice of reallocation in the official publication Ametlikud Teadaanded, indicating the objective of reallocation and the list of immovables concerned.
(7) Any person whose rights or interests are affected by a reallocation has the right to submit an application for participation in the reallocation or proposals and objections concerning the reallocation to the local authority within two months after publication of the notice in the official publication Ametlikud Teadaanded.

§ 20.  Meeting of parties

(1) After the presumable parties are identified, the local authority or its authorised representative organises a meeting in order to determine the purpose of the reallocation, the parties thereto and the land consolidation area, and to decide whether to initiate the reallocation. At the meeting, the parties appoint a person to perform land consolidation. At the meeting, the organiser of the meeting is required to inform the parties of their rights and duties concerning the reallocation.
(2) Parties have the right to request the exclusion of an immovable or of a part thereof from the land consolidation area. Such request is submitted to the local authority. The state land consolidation agency decides whether to exclude an immovable from the land consolidation area before the initiation of the reallocation.
(3) The organiser of the meeting takes minutes of the meeting and all the participants sign them. The time and location of the meeting, names of the participants, agenda and decisions made are recorded in the minutes. Dissenting opinions of participants concerning decisions made are recorded in the minutes.
(4) Reallocation may be initiated if at least two thirds of the possible parties to land consolidation whose immovables cover at least one half of the land consolidation area are in favour thereof.
(5) The person performing land consolidation prepares a preliminary reallocation plan on the basis of the minutes of the meeting. The preliminary plan must contain information on the purpose of the reallocation, the size of the land consolidation area, the parties to land consolidation, the budget for the reallocation and restrictions on immovable property ownership. A map of the land consolidation area is annexed to the preliminary plan.

§ 21.  Initiation of reallocation

(1) The local authority initiates the reallocation on the basis of the preliminary plan and the minutes of the meeting of the parties provided for in § 20 of this Act. Upon a reasoned request of a party to the reallocation, the local authority council has the right to exclude an immovable or a part thereof from the land consolidation area before the initiation of the reallocation provided for in subsection (2) of this section.
(2) The local authority council approves the preliminary reallocation plan by a decision initiating the reallocation. All parties are notified of the decision initiating the reallocation by post or electronic means. The local authority gives public notice of the decision initiating the reallocation.
(3) In order to amend the size of the land consolidation area approved by the decision initiating the reallocation, the steps provided for in §§ 18–20 must be taken.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 22.  Restrictions on immovable property ownership arising from reallocation

(1) During the period between the moment of notification of the decision initiating the reallocation and the completion of the reallocation, the parties are required to retain the existing condition and intended use of the immovable and to refrain from changing the value of the immovable by their acts.
(2) Expenses incurred and improvements made for the purpose of increasing the value of the immovable following a decision initiating the reallocation are not taken into account upon valuation of the immovable.
(3) A notation concerning reallocation is entered in the land register without the consent of the owner to secure the restrictions on immovable property ownership. Such notation is entered in the land register on the basis of a written application of the local authority and the decision initiating the reallocation.
(4) A notation concerning reallocation prohibits the owner of an immovable from transferring or encumbering the immovable without a decision of the local authority.
(5) Upon violation of restrictions on immovable property ownership, the offender must, at the request of the local authority, restore the former situation or pay compensation for the damage caused.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 23.  Valuation of immovable

(1) Upon reallocation, the person performing land consolidation determines the value of an immovable by way of individual valuation, unless the value of the immovable is determined by agreement of the parties. The person performing land consolidation prepares a valuation report upon determination of the value of the immovable.
(2) The person performing land consolidation valuates the essential parts of an immovable in accordance with the procedure established by the Government of the Republic.
(3) The person performing land consolidation valuates immovables belonging to the land consolidation area and the essential parts of the immovables in accordance with the procedure established by the Government of the Republic.

§ 24.  Negotiations

(1) In reallocation, the person performing land consolidation is required to consider the rights of all parties and, in general, to attain the purpose of the reallocation by agreement of the parties. If reallocation cannot be performed practically on the basis of the value of the former immovable, the person performing land consolidation may propose that compensation be granted in accordance with subsection 16 (3) to parties for whom an immovable of equivalent value cannot be formed.
(2) The person performing land consolidation organises negotiations between the parties for the preparation of a reallocation plan and reaching an agreement on the alteration of boundaries, the amount of compensation, the settlement of accounts, the payment of land consolidation costs, the extinguishment or transfer of rights encumbering an immovable and other circumstances.
(3) Parties may, by a decision of the local authority, rescind written agreements and revoke consent reached by way of negotiations.
(4) If reallocation proves to be impractical once additional circumstances have become evident, the person performing land consolidation is required to submit an application for the termination of reallocation to the local authority.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 25.  Preparation of reallocation plan

(1) The person performing land consolidation prepares a reallocation plan (hereinafter plan), taking into consideration the preliminary reallocation plan and agreements reached by way of negotiations. New immovables are allocated to the parties from the immovables included in the land consolidation area on the basis of land consolidation requirements, the value of the former immovables and the results of negotiations.
(2) If the parties have not agreed by way of negotiations on the amendment of rights in rem encumbering an immovable, the location of boundaries, amount of compensation, settlement of accounts or any other circumstances necessary for reallocation, the local authority determines the above on the basis of land consolidation requirements and the value of the former immovables.
(3) Reallocation plans are categorised as allotment plans in cities and dense settlement areas located outside of cities, and as land consolidation plans in areas of dispersed settlement.
(4) A plan consists of an explanatory part and a map. The explanatory part contains the following information: the location, size, value and intended use of the immovables, the offset and compensation for the difference between the values of immovables resulting from reallocation, the procedure for commencement of use of immovables within their new boundaries, the encumbrance of immovables, extinguishment or transfer of rights and other necessary facts. Immovables formed by reallocation, the boundaries between them, land use types, buildings, locations of objects that cause restrictions on immovable property ownership and the scope of such restrictions are indicated on the map.
(5) Agreements between the parties to consolidation, valuation reports, the reallocation budget and proposals for the distribution of costs and compensation are annexed to the plan.
(6) A plan is prepared in accordance with the procedure established by the Government of the Republic.

§ 26.  Concerting and approval of plan

[RT I 2002, 61, 375 – entry into force 01.08.2002]
(1) The person performing land consolidation calls a meeting of the parties to obtain agreement to a plan or sends an extract therefrom to all parties by post.
(2) The organiser of the meeting takes minutes of the meeting and all the participants sign them. The time and location of the meeting, names of the participants, agenda and decisions made are recorded in the minutes. The minutes must set out the content of statements and requests made at the meeting. Any written objections are annexed to the minutes.
(3) The plan may be amended by a decision of the local authority.
(4) The person performing land consolidation submits the plan to the local authority council for approval if two thirds of the parties to the land consolidation whose immovables cover at least one half of the land consolidation area have agreed to the plan.
(5) If the plan is not agreed to at the meeting, the person performing land consolidation amends the plan by the date set at the meeting.
(6) The local authority gives notice of a decision concerning the approval of the plan to all parties by post or electronic means. The notice sets out the time and place for accessing the plan. The decision on the approval of the plan is made public in the local newspaper.
(7) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 27.  Implementation of plan

(1) In implementing a plan, the parties settle accounts, pay compensation and take other steps related to the plan.
(2) The person performing land consolidation carries out a cadastral survey. New immovables may be used after the person performing land consolidation has shown their boundaries to the parties in the field.
(3) If a party refuses to vacate an immovable or a part thereof that is to be transferred to the possession of another person, the entitled party has the right to demand the elimination of such breach and compensation for damage in accordance with the procedure provided by law.
(4) The person performing land consolidation is required to deposit the plan with the registrar of the land cadastre.

§ 28.  Entries in land register

(1) No fee is charged for the making, amendment or deletion of entries concerning rights in rem in the land register in the course of reallocation.
(2) A notation concerning reallocation is deleted after the registration of amendments resulting from reallocation in the land register. The land registry makes entries in the land register parts on the basis of an approved plan. After the entries have been made, the notations that are no longer needed will be deleted.

§ 29.  Rights of other persons in reallocation

(1) The consent of the holders of restricted rights in rem or other rights is not required for reallocation.
(2) Real servitudes that have lost their purpose as the result of the plan are deleted from the land register without compensation.
(3) If the rights encumbering an immovable are not deleted, such rights extend to the immovable received in exchange or are transferred to the immovable formed as a result of land consolidation on the basis of the land consolidation plan.
(4) If an immovable is encumbered by a mortgage and the value of the immovable decreases in the course of reallocation, compensation received for the decrease in value will be deposited as security for payment of the mortgage, unless the parties agree otherwise.
(5) The provisions of the Law of Property Act and the Land Register Act concerning the division, merger, joining and separation of immovables apply in other respects.

Chapter 4 Resolution of Disputes 

§ 30.  Resolution of disputes

(1) Disputes arising between parties to land consolidation are settled by the person performing land consolidation.
(2) Intra-authority appeals concerning the acts of the person performing land consolidation are settled by the county governor.
(3) An intra-authority appeal against a decisions of a country governor is settled by the minister responsible for the field.
(4) Every party to land consolidation has the right of recourse to the court if the party’s rights have been violated.
(5) The person performing land consolidation is required to submit the materials necessary for the settlement of an intra-authority appeal or dispute at the request of the court, local authority, county governor or the minister responsible for the field and to suspend land consolidation steps in the area under dispute until the matter is settled.
(6) The parties have the right to participate in the hearing of an intra-authority appeal or dispute in person or through representatives. Failure of a participant to appear does not prevent the hearing of the case.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

Chapter 5 Final Provisions 

§ 31.  Application of Act in land reform

Taking account of the specifications provided for in §§ 311–341, this Act applies when land consolidation is carried out in the course of restitution of land within the land reform, privatisation of land with the right of pre-emption, privatisation of vacant agricultural land or vacant forest land, retention of land in state ownership, transfer of land into municipal ownership or establishment of a right of superficies. In such case the provisions of §§ 16–29 of this Act apply insofar as they are not in conflict with the provisions of §§ 311 –341.

§ 311.  Preliminary work for reallocation

(1) The rural municipality government or its authorised representative performs preliminary work for reallocation. In the course of preliminary work, the expedience of reallocation, the size of the land consolidation area and the parties are determined.
(2) The parties are persons who submit applications with regard to land located in a land consolidation area to retain land in state ownership, municipalise land, privatise land with the right of pre-emption or establish a right of superficies in favour of the owner of a structure, persons who submit applications to establish a usufruct on land granted on the basis of the Estonian SSR Farm Act, the entitled subjects for the return of land the formation of whose cadastral units has not been commenced, and the organiser of the privatisation of the land. The formation of a cadastral unit is deemed to be commenced if the rural municipality government has prepared the layout of the cadastral unit being formed.
(3) A proposal to participate is made to persons whose immovables are located in the land consolidation area and to persons the formation of whose cadastral units is commenced before the determination of the land consolidation area. The rural municipality government sends a written proposal to participate to such persons. The persons become parties only on the basis of a personal application. An application for participation must be submitted to the rural municipality government after the receipt of a corresponding notice within the term specified in the notice.
(4) The owners of structures located in a land consolidation area and persons who have received land for perpetual use under the Estonian SSR Farm Act are not parties to land consolidation if they fail to submit an application to privatise land with the right of pre-emption within the specified term. The right of superficies is established for the benefit of the owner of a structure to the extent of the land required for servicing the structure in accordance with § 15 of the Law of Property Act Implementation Act (RT I 1993, 72/73, 1021; 1999, 44, 510). For the benefit of a person who has received land for perpetual use under the Estonian SSR Farm Act and does not wish to acquire the land, the right of superficies is established on the land under the structure and the land required for servicing the structure, and a usufruct is established on the rest of the land in accordance with § 18 of the Law of Property Act Implementation Act or § 341 of the Land Reform Act.
(5) County and City Committees for Return and Compensation of Unlawfully Expropriated Property are required, at the request of the rural municipality government, to give priority to applications concerning land located in land consolidation areas.
(6) The following is annexed to a proposal prepared as a result of preliminary work:
1) graphic material indicating the boundaries of the land consolidation area;
2) the list of parties, the list of persons specified in subsection (4) of this section, and the name of the person representing the rural municipality government;
3) an explanatory memorandum that sets out the reasons and purpose of reallocation, and the assessed value of the immovables of the persons specified in subsection (3) of this section, land granted on the basis of the Estonian SSR Farm Act, and the land located and forest growing in the land consolidation areas in areas with regard to which claims for return have been submitted by entitled subjects;
4) a corresponding application if a benefit is applied for.

§ 32.  Election of person performing land consolidation, approval of land consolidation areas and parties, and initiation of reallocation

(1) If a benefit is applied for, the person granting the benefit or a person authorised by the person granting the benefit will organise a tender for selection of a person performing land consolidation.
(2) If a benefit is not applied for or not granted, a person performing land consolidation is elected by the county governor from among at least three candidates who are presented by the rural municipality government and comply with the requirements specified in § 4 of this Act.
(21) If the state is a party to land consolidation in addition to persons in private law, the person performing land consolidation will be appointed on the basis of a tender.
(3) A land consolidation area and the parties are approved and reallocation is initiated by the county governor on the proposal of the rural municipality government. An order must set out the person who represents the state in accordance with subsection 7 (3) of this section.
(4) After reallocation has been initiated, persons who are parties do not have the right to amend their applications concerning the return or privatisation of land or constitution of the right of superficies in land without the written consent of the rural municipality government.
(5) The rural municipality government notifies each party of a decision regarding the initiation of reallocation against the signature of the party or by registered mail. The provisions of subsection 19 (6) do not apply to the initiation of reallocation.

§ 33.  Preparation of reallocation plan

(1) The person performing land consolidation organises negotiations with the parties.
(2) In the course of negotiations, applications with regard to land located in the land consolidation area for the return or privatisation of the land with the right of pre-emption or establishment of the right of superficies, and requests for retention of land in state ownership or transfer of land into municipal ownership are taken into account. The person performing land consolidation prepares a reallocation plan specified in subsections 25 (4) and (5) of this Act in compliance with the land consolidation requirements, taking into account the submitted requests and the results of the negotiations if they are not in conflict with the plan or the land consolidation requirements.
(3) Valuation of land located in a land consolidation area is based on the taxable value of the land and the value of the standing crop.
(4) The value of land subject to return and land returned in the course of land consolidation, and the value of land granted on the basis of the Estonian SSR Farm Act and land privatised in the course of land consolidation must not differ by more than 8 per cent.
(5) Notarised agreements for payment of compensation for unreturned land to entitled subjects by persons in whose ownership such unreturned land is transferred on the basis of the agreements are taken into account upon reallocation. The state does not pay compensation to entitled subjects for land that is not returned in the course of reallocation under such agreements.

§ 34.  Concerting and approval of plan

(1) A plan is concerted with the county governor or a person authorised by the county governor.
(2) The rural municipality government makes a decision concerning the acceptance of a reallocation plan and organises the public display of the plan. The person performing land consolidation notifies each party of the place, time and duration of the public display of the plan against signature or by registered mail not later than ten days before the beginning of the public display. An extract from the plan is annexed to the notice. The extract must contain the following information:
1) the present and, if possible, also the former boundaries of the land unit;
2) the land use type categories and purposes;
3) the taxable value of the land and the value of the standing crop;
4) the costs related to reallocation and formation of the cadastral unit and the amounts to be paid by the parties.
(3) The duration of a public display is at least two weeks.
(4) During the public display, all parties have the right to submit written amendment proposals. Persons specified in subsection 311 (4) of this Act who are not parties to land consolidation may submit proposals through the representative of the state. The rural municipality government responds to written proposals.
(5) Proposals submitted during a public display are heard by the rural municipality government. The person performing land consolidation is required to amend the plan according to the amendments approved by the rural municipality government.
(6) The rural municipality council approves a plan and notifies each party of the approval against signature or by registered mail.
(7) The county governor may suspend the implementation of a plan within ten days after receiving the notice, until the deficiencies detected in the plan by the county governor have been eliminated.

§ 341.  Implementation of reallocation plan

(1) Land is returned, privatised, retained in state ownership or transferred into municipal ownership and rights of superficies and usufructs are established in accordance with the approved reallocation plan.
(2) Upon completion of land consolidation steps, the boundaries of immovables are determined in the field and a cadastral unit formation file is prepared by the person performing land consolidation. The area of a formed cadastral unit as marked on a land consolidation plan may differ from the size surveyed in the field by up to 8 per cent but not more than 5 ha.
(3) At the request of parties to land consolidation, cadastral units may be formed on the basis of approved reallocation plans and existing plans and entered in the state cadastre in accordance with § 20 of the Land Cadastre Act (RT I 1994, 74, 1324; 1995, 29, 356; 59, 1006; 1996, 36, 738; 1997, 16, 261).
(4) Reallocated immovables are entered in the land register in accordance with the Law of Property Act Implementation Act and the Land Register Act (RT I 1993, 65, 922; 1999, 44, 511).

§ 35.  Repealed legal instruments and legal instruments to be amended

[Omitted from this text.]
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