On the Approval of the Rules of Submission and Examination of Applications for Taking Land for Public Needs and of the Rules of Development and Implementation of Projects of Taking Land for Public Needs


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Oficialus vertimas
2007 12 22
 
 
 
 
 
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION no 924
 
of 25 August 2005
 
ON THE approval of the rules OF submission and examination of applications for taking land for public needs and OF the Rules of development and implementation of projects of taking land for public needs
 
Vilnius
 
Acting pursuant to Articles 37(9), 45, 46, 47 and 48 of the Law of the Republic of Lithuania on Land (Valstybės žinios (Official Gazette) No 34-620, 1994; No 28-868, 2004), the Government of the Republic of Lithuania h a s  r e s o l v e d :
1. To approve the appended:
1.1. Rules of Submission and Examination of Applications for Taking Land for Public Needs;
1.2. Rules of Development and Implementation of Projects of Taking Land for Public Needs.
2. To charge the National Land Service under the Ministry of Agriculture with a task of preparing and approving, within one month following the entry into force of this Resolution, the arbitrary signs and symbols for the drawing of project solutions of taking land for public needs and for the drawing of field works.
3. To repeal:
3.1. Resolution No 65 of the Government of the Republic of Lithuania of 20 January 2000 on the Approval of the Procedure of Submission and Examination of Applications for Taking Land for Public Needs and Recovery of Losses in Connection with Taking Land for Public Needs (Valstybės žinios (Official Gazette) No 7-188, 2000);
3.2. Resolution No 1133 of the Government of the Republic of Lithuania of 22 September 2000 amending Resolution of the Government of the Republic of Lithuania of 20 January 2000 on Taking Land for Public Needs (Valstybės žinios (Official Gazette) No 81-2456, 2000);
3.3. Resolution No 1002 of the Government of the Republic of Lithuania of 16 August 2001 amending Resolution No 65 of the Government of the Republic of Lithuania of 20 January 2000 on Taking Land for Public Needs (Valstybės žinios (Official Gazette) No 72-2546, 2001).
 
 
 
 
Prime Minister                                                                                 Algirdas Brazauskas
 
 
 
Minister of the Environment
deputising for the Minister of Agriculture                                      Arūnas Kundrotas
 
 
 
APPROVED
by Resolution No 924 of the Government of the Republic of Lithuania
of 25 August 2005
 
 
 
rules OF submission and examination of applications for taking land for public needs
 
 
I. GENERAL PROVISIONS
 
1. The Rules of Submission and Examination of Applications for Taking Land for Public Needs (hereinafter referred to as “these Rules”) govern the submission and examination of applications filed by public authorities or municipal councils or their authorised institutions or bodies (hereinafter referred to as “interested institutions”).
2. Together with the application for taking land for public needs the interested institution shall submit the following documentation:
2.1. the available detailed or special plan of the territory in which the land to be taken for public needs is situated (hereinafter referred to as the “detailed or special plan”);
2.2. a list of land parcels to be taken, in whole or in part, for public needs, as well a list of state-owned land parcels for which state-owned land lease or use contracts are to be terminated, together with the indication of owners and other users of these land parcels, their addresses and the unique numbers of these land parcels;
2.3. an explanatory letter with an indication of particular public needs for which land parcels or their parts to be taken will be used.
3. On submitting the application to the county governor for taking land for public needs the interested institution shall, at the same time, inform in writing (by registered letter with personal delivery) the owner or other user of the land to be taken on the submission of such application, specify the specific objectives of the use of land to be taken for public needs and forward an extract from the available detailed or special plan where the land parcels or parts thereof of these owners and other users of land are marked.
4. The administrator of the Real Property Register shall submit information to the interested institution on the land parcels to be taken for public needs in accordance with the Regulations of the Real Property Register, approved by Resolution No 1129 of the Government of the Republic of Lithuania of 12 July 2002 (Valstybės žinios (Official Gazette) No 72-3077, 2002). Territorial land management divisions of the Land Management Department of the County Governor Administration (hereinafter referred to as “the Land Management Division”) shall submit data on the land parcels planned in the land management project of the land reform but not registered with the Real Property Register.
 
II. SUBMISSION AND EXAMINATION OF APPLICATIONS
 
5. The county governor shall, within 15 working days of the date of receipt of the application submitted by the interested institution for taking land for public needs, examine the application and the documents submitted and shall determine whether the application is well-founded and fall within the cases referred to in Article 45 of the Law of the Republic of Lithuania on Land (Valstybės žinios (Official Gazette) No 34-620, 1994; No 28-868, 2004). If the application is not well-founded, the county governor shall adopt a decision not to initiate the procedure of taking land for public needs and shall inform within 5 working days the interested institution, the owners and other users of land on the decision adopted.
6. Having established, that the application for taking land for public needs is well-founded, the county governor shall within 15 working days examine the possibilities for proceeding with this and shall decide whether it is reasonable to exchange a state-owned land parcel for the parcel (or part thereof) of private land necessary for public needs.
7. It shall be held that it is reasonable to exchange state-owned land for the parcel (or part thereof) of private land if it is possible to offer a state-owned land parcel of equal value in exchange for the parcel of private land, and if it is impossible to offer a state-owned land parcel of equal value – to offer a state-owned land parcel of the value which differs from the value of the private land parcel by no more than 5 percent.
8. If it is impossible to exchange the state-owned land parcel for the whole parcel of private land to be taken for public needs, it can be exchanged for a part of this private land parcel after it has been re-designed and transformed into a separate land parcel under the requirements of the Law of the Republic of Lithuania on the Real Property Cadastre (Valstybės žinios (Official Gazette) No 58-1704, 2000; No 57-2530, 2003); for the remaining part of the parcel the county governor shall adopt a decision on the initiation of the procedure of taking land for public needs.
9. Having concluded that it is reasonable to exchange state-owned land for the private land parcel, the county governor shall propose in writing to the owner of land to conclude an exchange contract and shall specify the area, place and value of the land parcel offered in exchange. The owner of land shall inform the county governor on his consent to conclude an exchange contract in writing no later than within one month of the date of submission to him of the written proposal for an exchange contract.
10. Having received the landowner’s consent to conclude an exchange contract, the county governor shall inform the interested institution thereof within 5 working days. The exchange contract shall be concluded in accordance with Article 11 of the Law of the Republic of Lithuania on Land.
11. Having concluded that it is not reasonable to conclude an exchange contract or having received no positive answer from the landowner regarding the proposal to conclude an exchange contract in the manner prescribed by Paragraph 9 of these Rules, the county governor shall instruct the Land Management Division to prepare, within 10 working days, a plan of the boundaries of the territory to be covered by the project of taking land for public needs (hereinafter referred to as “the project”).
12. The project territory shall include:
12.1. land parcels to be taken for public needs;
12.2. land parcels parts whereof are to be taken for public needs and which need to be rearranged before being taken, in whole or in part, for public needs;
12.3. free state-owned land parcels to be offered in exchange for the land parcels to be taken for public needs.
13. The project territory may be formed of separate land parcels when free state-owned land parcels referred to in Paragraph 12.3 of these Rules to be exchanged for the land to be taken for public needs do not border the land parcels referred to in Paragraphs 12.1 and 12.2 of these Rules.
14. Having received the plan of the boundaries of the project territory prepared and agreed on with the interested institution, the county governor shall within 3 working days adopt a reasoned decision to initiate the procedure of taking land for public needs; in the decision, the unique number of every land parcel to be taken, in whole or in part, for public needs shall be specified. The plan of the boundaries of the project territory shall be attached to the county governor’s decision to initiate the procedure of taking land for public needs.
15. If the project territory falls within the territory of a land management project of the land reform, the county governor shall, at the time of adopting a decision on the approval of the project territory, adjust the boundaries of the territory covered by the land management project of the land reform and remove from it the project territory.
16. Within 5 working days following the adoption of the decision to initiate the procedure of taking land for public needs, the county governor shall inform landowners or other users of land within the project territory about this decision in writing (by registered letter with personal delivery), also the interested institution (by an official letter) which shall also be given a copy of the plan of the boundaries of the project territory, as well as the administrator of the Real Property Register by sending it a copy of the decision. The latter shall mark the land parcels referred to in the county governor’s decision, in the Real Property Register by making an entry that the procedure of taking land for public needs has been initiated and that the owner of the land parcel may not assign, pledge or otherwise encumber the real rights to this land parcel.
17. The Land Management Division shall, within 5 working days following the adoption of the decision to initiate the procedure of taking land for public needs, inform the designer of the land management project of the land reform relating to this territory about the decision and shall give him a copy of the plan of the boundaries of the project territory.
18. Once the county governor has adopted the decision to initiate the procedure of taking land for public needs, a project shall be prepared in accordance with the Rules of Development and Implementation of Projects of Taking Land for Public Needs.
19. In exchange for the land to be taken for public needs the county governor may offer land parcels of equal value within the territory of the same county in which the land to be taken for public needs is situated, only from the stock of free state-owned land:
19.1. in exchange for the land to be taken for public needs which is situated in rural residential area, the county governor may offer a land parcel of equal value situated in rural residential area;
19.2. in exchange for the land to be taken for public needs which is situated in urban residential area, the county governor may offer land parcels of equal value situated in the same urban residential area and in rural residential area.
20. Land parcels of equal value in rural residential area shall be formed in a project, and land parcels of equal value in urban residential area – in a detailed territorial planning document.
21. The county governor shall adopt the decision to take land for public needs on the basis of documents referred to in Article 46(5) of the Law of the Republic of Lithuania on Land. The county governor’s decision to take land for public needs shall contain the following information:
21.1. the value of every land parcel to be taken for public needs or of state-owned land parcels to be taken for public needs; the amount of losses related to taking land for public needs; cadastral data; name, personal ID number/company code and legal address of the owner or other user of land to be taken for public needs or the owners or other users of land who are parties to the state-owned land lease or use contracts to be terminated prior to the term. If a part of a land parcel is to be taken for public needs, the decision shall contain cadastral data of the whole land parcel and cadastral data of the part to be taken, also the value of the part of the land parcel to be taken for public needs;
21.2. the cadastral data of land parcels formed by rearranging land that remained after other parts of this land were taken for public needs;
21.3. the cadastral data of the land parcel of equal value to be offered in exchange, if this type of compensation for the land taken has been chosen.
22. If the owner or other user of land does not come to an agreement with the interested institution and does not conclude a contract with it on the type and amount of compensation (hereinafter referred to as "the contract”), it shall be stated in the decision that compensation shall be monetary and that the amount of compensation shall be as in the project.
23. If the owner or other user of land comes to an agreement with the interested institution and concludes a contract with it, the type and amount of compensation and the amount of losses related to taking land for public needs shall be specified as in the contract signed. In such case, a copy of the contract shall be an integral part of the county governor’s decision to take land for public needs.
24. The county governor shall within 5 working days following the adoption of the decision to take land for public needs inform in writing thereof the interested institution and the administrator of the Real Property Register, as well the owner or other user of land (by registered letter with personal delivery). The administrator of the Real Property Register shall mark in the Real Property Register that a decision to take land for public needs has been adopted.
25. If the payment to the owner or other user of land to be taken for public needs is made under the contract, the interested institution shall make the payment by transfer to the bank account specified in the contract concluded with the owner or other user of land.
 
 
––––––––––––––––
 
 
 
APPROVED
by Resolution No 924 of the Government of the Republic of Lithuania
of 25 August 2005
 
RULES of DEVELOPMENT AND IMPLEMENTATION OF PROJECTS OF TAKING LAND FOR PUBLIC NEEDS
 
I. GENERAL PROVISIONS
 
1. The Rules of Development and Implementation of Projects of Taking Land for Public Needs (hereinafter referred to as “these Rules”) govern the contents, development, adjustment, approval and implementation of the projects of taking land for public needs (hereinafter referred to as “the projects”).
2. The projects are special territorial planning documents prepared on the basis of solutions of detailed or special territorial planning documents referred to in Paragraph 2.1 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs (hereinafter referred to as “the detailed or special plans”) prepared and approved in the manner prescribed by the Law of the Republic of Lithuania on Territorial Planning (Valstybės žinios (Official Gazette) No 107-2391, 1995; No 21-617, 2004), the Law of the Republic of Lithuania on Land (Valstybės žinios (Official Gazette) No 34-620, 1994; No 28-868, 2004) and other legal acts.
3. The works referred to in Article 48(3) of the Law of the Republic of Lithuania on Land not performed during the preparation of the detailed or special plan shall be performed in the project.
4. Having adopted a decision on the initiation of the procedure of taking land for public needs, the county governor shall, within 20 working days of the adoption of this decision, issue to the state or municipal institution (hereinafter referred to as “the project organiser”) the planning conditions for the development of the project of taking land for public needs (hereinafter referred to as “the Planning Conditions”). The Planning Conditions shall be issued in accordance with the Rules of Preparation and Issuance of Conditions for the Preparation of Territorial Planning Documents approved by Order No D1-262 of the Minister of the Environment of 7 May 2004 (Valstybės žinios (Official Gazette) No 83-3028, 2004). The county governor shall issue the Planning Conditions in the case provided for in Article 48(1) of the Law of the Republic of Lithuania on Land. In this case the county governor shall submit, within 15 days of the issuance of the Planning Conditions, to the municipal register management body which registers territorial planning documents the form about the initiation of the project referred to in Paragraph 29 of the Regulations of the Territorial Planning Documents Register of the Republic of Lithuania approved by Resolution No 721 of the Government of the Republic of Lithuania of 19 June 1996 (Valstybės žinios (Official Gazette No 60-1417, 1996; No 165-6035, 2004).
5. The process of taking land for public needs shall consist of the following stages:
5.1. the preparatory stage of the project;
5.2. the stage of project development;
5.3. the stage of impact assessment of project solutions;
5.4. the final stage of the project (examination, adjustment, approval of the project).
 
II. PREPARATORY STAGE OF THE PROJECT
 
6. The project organizer shall:
6.1. identify the goals and tasks of the project;
6.2. prepare and approve the work programme of the project;
6.3. publicise the project by publishing information about the start of the project and its goals in local press and in the websites of the county, municipality and project organiser;
6.4. in the manner prescribed by the Law of the Republic of Lithuania on Public Procurement (Valstybės žinios (Official Gazette) No 84-2000, 1996; No 118-5296, 2002) select the project designer, conclude a project development contract with him and provide him with the following documents:
6.4.1. a copy of the decision to initiate the procedure of taking land for public needs adopted by the county governor’s order;
6.4.2. documents referred to in Paragraph 2 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs;
6.4.3. the latest orthophoto maps and georeferential database in the digital and analogical form according to the formats specified in the Planning Task for the submission of data necessary for the preparation of project drawings;
6.4.4. the Planning Conditions in the case provided for in Article 48(3) of the Law of the Republic of Lithuania on Land;
6.4.5. cadastral map of the project territory with boundaries of private and state-owned land parcels.
7. If the project designer lacks data which he needs in order to be able to plan the project, the preparation (acquisition) of this data shall be provided for in the project development contract.
8. If this is provided for in the Law of the Republic of Lithuania on Environmental Impact Assessment of Planned Economic Activity (Valstybės žinios (Official Gazette) No 82-1965, 1996; No 84-3105, 2005), the project organiser or the project designer authorized by him shall perform the screening to establish whether the environmental impact must be assessed for the planned economic activity of the particular project. This assessment shall be performed in the manner prescribed by the Methodological Guidelines for the Screening of Planned Economic Activity, approved by Order No 263 of the Minister of the Environment of 30 June 2000 (Valstybės žinios (Official Gazette) No 57-1698, 2000).
 
III. STAGE OF PROJECT DEVELOPMENT
 
9. The project shall consist of an explanatory letter, a drawing of field works, a drawing of project solutions and other procedural documents referred to in Paragraph 36 of these Rules.
10. The drawing of project solutions shall be made in the digital and analogical form in the latest orthophoto map and georeferential database according to the formats referred to in the Planning Task.
11. The arbitrary signs and symbols of the drawing of project solutions shall be as determined by the National Land Service under the Ministry of Agriculture.
12. Having received the documents referred to in Paragraph 6.4 of these Rules from the project organiser, the project designer shall prepare a drawing of field works in the project territory (hereinafter referred to as “the drawing of field works”).
13. In the drawing of field works, which shall be made in the analogical form in the latest orthophoto map and in the georeferential database, the project territory approved in accordance with the Rules of Submission and Examination of Applications for Taking Land for Public Needs shall be marked and the following boundaries shall be drawn:
13.1. boundaries of the land parcels to be taken (in whole or in part) for public needs;
13.2. boundaries of the land parcel (parcels) to be used for public needs.
14. During field exploration works the project designer shall:
14.1. mark in the drawing of field works the modified land parcels and the adjusted boundaries of land parcels;
14.2. mark in the drawing of field works the real property to be compensated for to its owners or users, also mark and describe works in progress;
14.3. draw up a list of structures and installations situated on the land parcel to be taken for public needs and indicate their owners or other users, having verified the data against information provided by the administrator of the Real Property Register;
14.4. perform cadastral measurements of the land parcels to be taken, in whole or in part, for public needs, indicating the coordinates of the turning points of the boundaries and of the boundary marks in the National System of Geodetic Coordinates or in the related local system of coordinates; calculate their areas; re-establish any destroyed boundary marks; having performed cadastral measurements, verify the areas of land parcels against data in the Real Property Register, and, if necessary, make adjustments in accordance with the Regulations of the Real Property Register of the Republic of Lithuania approved by Resolution No 534 of the Government of the Republic of Lithuania of 15 April 2002 (Valstybės žinios (Official Gazette) No 41-1539, 2002; No 80-2899, 2005);
14.5. when a part of the land parcel is to be taken for public needs, the project designer shall mark in the drawing of field works the boundaries of the part of the land parcel to be taken for public needs in order to calculate the area of land to be taken for public needs;
14.6. discuss with the project organiser and the owner or other user of land the type and amount of compensation for the land parcel to be taken and for other losses incurred in connection with taking land for public needs, also the possibilities to rearrange the land that remained after other parts of land were taken for public needs;
14.7. prepare, in accordance with the requirements of the Law of the Republic of Lithuania on the Principles of Property and Business Assessment (Valstybės žinios (Official Gazette) No 52-1672, 1999), a property and other losses assessment report and submit a copy of this report to the project organiser and the owner or other user of land. Property and other losses must be assessed before project solutions are prepared. The value of the land parcel to be taken for public needs, also of structures completed or under construction and of any plantations, as well as other losses incurred in connection with taking land for public needs shall be calculated in accordance with Article 47 of the Law of the Republic of Lithuania on Land.
15. Every owner of land shall have the right to inform in writing the project designer or project organiser about his preferences for the type and the amount of compensation, and the user of land – his preferences for the amount of compensation. If the preferred type of compensation is a land parcel of equal value, the location of the land parcel shall be discussed. The landowner’s preference to have compensation in the form of a land parcel of equal value shall be notified before a contract on the type and amount of compensation for land (hereinafter referred to as “the contract”) is signed.
16. Information on free state-owned land in the territory of the relevant county that may be given as land parcels of equal value to landowners in exchange for the land parcels taken for public needs shall be provided by the Land Management Department of the County Governor Administration at the project designer’s request.
17. If a landowner prefers to receive a land parcel of equal value in the territories referred to in Paragraph 19 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs that are not included into the project territory, the county governor shall, at the project organiser’s request, examine the possibilities to modify the project territory and adopt a relevant decision within 10 working days of the date of the request.
18. While drawing up the project, the project designer shall:
18.1. in the drawing of project solutions:
18.1.1. draw the boundaries of the land parcels in the project territory in accordance with the cadastral measurements performed and enter the identification numbers of these land parcels;
18.1.2. draw the boundaries of the land parcels or their parts to be taken for public needs;
18.1.3. when the land parcel to be taken for public needs is not formed in the detailed or special plan, draw in this plan the boundaries of the land parcel to be used for public needs;
18.1.4. rearrange (merge, divide, amalgamate), as discussed with the owners or other users of land, those land parcels that are not to be taken for public needs, and design roads and servitudes;
18.1.5. design a land parcel of equal value, when the contract provides for compensation in the form of a land parcel of equal value;
18.2. draft and submit to the owner or other user of land and the project organiser the contract for signature, after they have come to an agreement on the type and amount of compensation for the land parcel to be taken for public needs and for the buildings and structures completed or under construction on the parcel as well as any plantations, also on other losses incurred in connection with taking land for public needs.
19. If the owner or other user of land fails to sign the contract before the start of public hearing of the project, the project designer shall, together with an official of the Territorial Land Management Division of the Land Management Department of the County Governor Administration (hereinafter referred to as “the Land Management Division”), draw up an act certifying that the owner or other user of land has refused to accept the type and amount of compensation offered by the project designer for the land to be taken for public needs. This act shall be signed by the project designer and the Head of the Land Management Division.
20. If the project territory borders the territory of a land management project of the land reform under preparation, project solutions must be harmonized with solutions of that land management project of the land reform.
21. The explanatory letter shall contain information (data) on the condition of the project territory and on project solutions, an analysis of problematic situations and other information related to the development of the project.
 
IV. STAGE OF impact assessment OF PROJECT SOLUTIONS
 
22. The impact of project solutions shall be assessed in accordance with the Procedure of Impact Assessment of Territorial Planning Document Solutions approved by Resolution No 920 of the Government of the Republic of Lithuania of 16 July 2004 (Valstybės žinios (Official Gazette) No 113-4228, 2004) (hereinafter referred to as “the Procedure”).
23. When the whole land parcel of the owner or other user of land is to be taken for public needs under the project, the impact of project solutions shall not be assessed.
 
V. FINAL STAGE OF THE PROJECT
 
24. The hearing of the project and public participation in this process shall be ensured in accordance with the Regulations on Public Participation in Territorial Planning Process approved by Resolution No 1079 of the Government of the Republic of Lithuania of 18 September 1996 (Valstybės žinios (Official Gazette) No 90-2099, 1996; No 112-4189, 2004).
25. The public hearing of the project shall be organised by the project organiser.
26. After the public hearing, the project shall be sent for agreement to:
26.1. the project organiser;
26.2. the trustee of state-owned land in the project territory;
26.3. the Regional Environmental Department of the Ministry of the Environment, if the project territory or a part thereof are within the boundaries of a protected territory;
26.4. the Department of Cultural Heritage under the Ministry of Culture, if the project territory or a part thereof falls within a territory of historical and cultural monuments or its protective area;
26.5. the relevant forest enterprise, if the land to be taken for public needs is forest land;
26.6. the Lithuanian Geological Service under the Ministry of the Environment, if the project territory contains explored mineral deposits;
26.7. the State Border Guard Service under the Ministry of the Interior, if the land to be taken for public needs is in the frontier zone;
26.8. the County Governor Administration, if the county governor is not the state-owned land trustee in the project territory;
26.9. the designer of a land management project of the land reform, if a land management project of the land reform has been prepared in the project territory.
27. The project designer shall send the project for comments/agreement to the institutions referred to in Paragraph 26 of these Rules, which shall make comments/agree to the project no later than within 5 working days or make a reasoned written refusal to agree to the project. During this process, the institutions shall, within their competence assigned to them by legal acts, submit, in a separate letter, reasons for not giving their agreement to project solutions. If they do not agree to the project, they shall indicate which requirements of the Planning Conditions are not met and which articles and provisions of laws and other legal acts are violated or prohibit the activity planned in the project. If an institution agrees to the project without any comments, its specialist shall sign on the drawing of project solutions and writes his/her name, position title, name of the institution and the date of agreement. These entries shall be certified by a seal.
28. The institution which does not make any comments on the project within 5 working days shall be deemed to have no comments and to agree to the project.
29. Acting pursuant to the Regulations of the State Supervision over Territorial Planning and Construction approved by Resolution No 370 of the Government of the Republic of Lithuania of 16 April 1997 (Valstybės žinios (Official Gazette) No 34-851, 1997; No 109-4075, 2004), the project organiser shall submit to the National Land Service under the Ministry of Agriculture (hereinafter referred to as “the Service”) in writing the documents (project file) referred to in Paragraphs 36.1–36.11, 36.13 and 36.14 of these Rules and their copies (the copy of the drawing of project solutions must match the colour markings of the original drawing of project solutions) that are necessary for the preparation of the inspection report with an opinion as to whether it is reasonable to approve the project. A copy of the project file shall be stored in the Service (the drawing of project solutions shall be stored in the digital and analogical form).
30. The Service shall check project solutions and procedural documents in accordance with the Procedure of Inspection of Territorial Planning Documents approved by Order No D1-200 of the Minister of the Environment of 23 April 2004 (Valstybės žinios (Official Gazette) No 78-2756).
31. Having received the inspection report of the project with a positive opinion on the whether it is reasonable to approve the project, the project organizer shall submit the project to the county governor for approval.
32. The county governor shall adopt, within 15 working days of the date of receipt of the project, an order on the approval of the project and inform, within 5 working days of adoption of the order, the project organiser in writing thereof.
33. Having received information on the approval of the project from the county governor, the project organiser shall publish it in local press within 10 working days.
34. The project organiser shall submit the approved project no later than within 15 days of its approval to the municipal territorial planning document register management body which shall register the project in accordance with the Regulations of the Territorial Planning Document Register of the Republic of Lithuania. The municipal territorial planning document register management body shall within 15 days inform the administrator of the Real Property Cadastre on the registration of the project, which shall mark in the Real Property Cadastre that the project has been approved.
35. Once approved, the project shall be valid for an indefinite period of time.
36. The project file shall consist of the following documents:
36.1. the project organiser’s application to the county governor for taking land for public needs;
36.2. the explanatory letter of the project;
36.3. the county governor’s decision to initiate the procedure of taking land for public needs;
36.4. the approved work programme of project development;
36.5. documents on the start of project development and documents with detailed information about where exactly project development was publicised in local press and in websites of the county, municipality and the project organiser’s institution;
36.6. cadastral map of the project territory with boundaries of private and state-owned land parcels;
36.7. documents referred to in Paragraph 2 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs;
36.8. contracts signed between the owners or other users of land and the project organiser;
36.9. documents on public hearing of and agreement to the project;
36.10. impact assessment documents of project solutions;
36.11. a file of property and other losses assessment reports;
36.12. the Service’s opinion as to whether it is reasonable to approve the project;
36.13. a drawing (drawings) of project solutions;
36.14. a plan of the boundaries of the project territory as referred to in Paragraph 11 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs;
36.15. a drawing of field works.
 
VI. IMPLEMENTATION OF THE PROJECT
 
37. Once the county governor has approved the project, the project designer shall:
37.1. mark the land parcels formed in the locality under the approved project; by performing cadastral measurements of these land parcels, indicate the coordinates of the turning points of the boundaries and of the boundary marks in the National System of Geodetic Coordinates or in the related local system of coordinates; prepare cadastral data files of every land parcel and obtain agreement to them in accordance with the Regulations of the Real Property Cadastre of the Republic of Lithuania;
37.2. submit the cadastral data files of land parcels to the project organiser.
38. The cadastral data file shall be compiled in accordance with the Regulations of the Real Property Cadastre of the Republic of Lithuania.
39. On the basis of approved project solutions, the county governor shall, no later than within 15 working days of the date of receipt of the cadastral data files of land parcels from the project organiser, adopt a decision to take land for public needs in the manner prescribed by Paragraph 21 of the Rules of Submission and Examination of Applications for Taking Land for Public Needs.
40. A copy of the county governor’s decision to take land for public needs and a copy of the decision on the approval of the project shall be added to the project file which shall be stored in the archive of the Land Management Division. The drawing of project solutions must by stored in the digital and analogical form. The project designer shall also prepare a copy of the project file and a copy of the drawing of project solutions (in the analogical and digital form) and shall forward them to the project organiser.
41. The file of property and other losses assessment reports together with project documents shall be forwarded to the Land Management Division for storage; one copy of the property and other losses assessment report shall be stored in the company which has performed the assessment of property and other losses, and another copy of the report shall be forwarded to the project organiser.
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