Law Amending The Law Of Municipal Property

Original Language Title: Закон за изменение на Закона за общинската собственост

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Name of law a law amending the law of municipal property Name on the Bill a bill amending and supplementing the law of municipal property acceptance date 11/12/2013 number/year official journal 109/13 Decree No 256

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on municipal property, adopted by the National Assembly HLÌI on 11 December 2013.

Issued in Sofia on 17 December 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending the law of municipal property (official SG. 44 of 1996; amend., SG. 104 of 1996 No. 55 of 1997 No. 22 and 93 of 1998, no. 23, 56, 64, 67, 69 and 96 of 1999, no. 26 of 2000 No. 34 of 2001 No. 120 of 2002, no. 101 in 2004. , PC. 29, 30 and 36, 2006, issue. 59, 63 and 92 of 2007, PC. 54, 70 and 100 from 2008, PCs. 10, 17, 19 and 41 of the 2009 PCs. 87 from 2010, PC. 15 and 19 of 2011, issue. 45 and 91 by 2012 PCs. 15 by 2013; Decision No. 6 of the Constitutional Court by 2013 – St. 65 by 2013; amend., SG. 66 by 2013)

§ 1. In art. 21, para. 4, the words "in accordance with art. 199, para. 1 of the spatial planning act "are replaced by" buying ".

§ 2. In art. 25 the following modifications are made:

1. In paragraph 8. 2:

a) in the first sentence, the words "shall be paid compensation and the date after which payment of compensation to the account of the eligible" are replaced by "compensation will be submitted to the account of the eligible persons and the date from which it will release him";

(b)) the third sentence shall be deleted.

2. in the Al. 3, first sentence, the words "promulgated in the State Gazette shall be replaced by" communicated to the persons under art. 61, para. 1 and 2 of the administrative code ".

3. Paragraph 4 is replaced by the following:

"(4) where the address of one of the persons concerned is not known or it is not found at the address specified by him, the order under paragraph 1. 2 shall be communicated to him and through the publication of a contract notice in the Official Gazette. "

§ 3. In art. 27 the following modifications are made:

1. Paragraph 1 shall be amended as follows: ' (1) the order of the Mayor of the municipality under art. 25, para. 2 may appeal to the Administrative Court of the location of the property within 14 days of notification. "

2. in the Al. 3 the first sentence shall be replaced by the following: "within three days from the date of receipt of the complaint the Court shall decide in closed session on the admission of the said and evidence submitted by the parties and schedule the hearing within seven days."

§ 4. In art. 29 the following modifications are made:

1. In paragraph 8. 1, the words "in the order of art. 25, para. 2 "shall be replaced by ' in vlâzlata in force an order under art. 25, para. 2 or in the judgment ".

2. Paragraph 3 shall be amended as follows:

"(3) the property is deemed to be alienated:

1. in the cases referred to in para. 1 from the date on which the monetary compensation, as determined in vlâzlata in force an order under art. 25, para. 2 or in the judgment of the Court, be translated by the municipality in a bank to the account of the eligible persons;

2. in the cases referred to in para. 2 – from the date on which the monetary compensation, specified in the order under art. 25, para. 2, be translated into the bank account of the municipality. "

3. Paragraph 4 is hereby repealed.

Final provisions

§ 5. In the law on State property (official SG. 44 of 1996; amend., SG. 104 of 1996, no. 55, 61 and 117 of 1997 No. 93 and 124 of 1998 No. 67 of 1999, no. 9, 12, 26 and 57 in 2000, issue 1 from 2001. Decision No 7 of the Constitutional Court from 2001-38/2001; amend. , PC. 45. Since 2002, PCs. 63. Since 2003, PCs. 24 and 93 in 2004, PCs. 32. Since 2005, PCs. 17, 30, 36 and 64, 105, 2006, issue. 41, 59, 92 and 113 of 2007, PC. 52 and 54 since 2008, PCs. 10, 17, 19, 33 and 41 of the 2009 PCs. 18 and 87 from 2010, PC. 19 and 47 by 2011, issue. 45, 82 and 99 by 2012 PCs. 27 by 2013; Decision No. 6 of the Constitutional Court by 2013 – St. 65 by 2013; amend., SG. 66 by 2013) make the following changes and additions:

1. In art. 34 and al. 3 shall be replaced by the following: "(3) in the cases referred to in para. 1 and 2, the Minister of regional development, according to the Governor, published at the expense of the developer of the site notice in two central and a local daily newspaper, which made for the procedure for expropriation and shall send a copy thereof to the mayors of the municipalities, districts, municipalities and the mayoral deputies, within the territory of which the properties or parts of properties – privately owned, the subject of compulsory purchase. Mayors and mayoral deputies put the notice on the designated spots in the building of the municipality, the area of City Hall or in the settlement, within the territory of which the property – privately owned, subject to expropriation. The notice shall be published on the website of the Ministry of regional development of the district administration and the municipality. "

2. In art. 34B:

(a)) paragraph 2 shall be replaced by the following: "(2) the decision of the Council of Ministers under art. 34A, al. 1 shall be notified to the interested parties by the procedure of art. 61, para. 1 and 2 of the administrative code by the developer of the object that provides the data for the date of communication of the Council of Ministers. The investor of the object sends a copy of the decision and to the mayors of the municipalities, districts, municipalities and the mayoral deputies, within the territory of which the properties or parts of properties – privately owned, the subject of compulsory purchase. Mayors and mayoral deputies put the notice on the designated spots in the building of the municipality, the area of City Hall or in the settlement, within the territory of which the property – privately owned, subject to expropriation. The decision of the Council of Ministers is announced and the websites of the Council of Ministers, of the district administration and the municipality concerned. ";

(b)) is hereby set up al. 3:

"(3) where the address of one of the persons concerned is not known or it is not found at the address specified by him, the decision of the Council of Ministers under art. 34A, al. 1 he is reported through publication of a notice in the Official Gazette. "

3. In art. 34 c:

(a)) in the Al. 1, first sentence, the words ' imported ' shall be replaced by "will be taken", and the word "begin" is replaced by "will begin";

b) paragraph 2 is amended as follows:

"(2) the order of the Governor under art. 34A, al. 2 shall be communicated to the persons under art. 61, para. 1 and 2 of the administrative code. The Governor shall forward a copy of the order and to the mayors of the municipalities, districts, municipalities and the mayoral deputies, within the territory of which the properties or parts of properties – privately owned, the subject of compulsory purchase. Mayors and mayoral deputies placed the order at the designated places in the building of the municipality, the area of City Hall or in the settlement, within the territory of which the property – privately owned, subject to expropriation. The order of the Governor shall be declared and the websites of the regional administration and the municipality concerned. ";

the Al is created.) 3:

"(3) where the address of one of the persons concerned is not known or it is not found at the address specified by him, the order under art. 34A, al. 2 shall be communicated to him and through the publication of a contract notice in the Official Gazette. "

4. In art. 35, para. 2 the word "publication" shall be replaced by "communication".

5. In art. 38:

a) paragraphs 1 and 2 shall be amended as:

"(1) the decision of the Council of Ministers under art. 34A, al. 1 is subject to review by the Panel of the Supreme Administrative Court within 14 days of notification.

(2) the order of the Governor under art. 34A, al. 2 subject to appeal before an administrative court in the location of the property within 14 days from notification. ';

(b)) in the Al. 6, first sentence, the word "5-day ' is replaced by ' three-day", and the words "15 days" shall be replaced by "within 7 days.

6. In art. 39: a) paragraph 1 shall be amended as follows:

(1) the property is deemed to be alienated from the date on which the monetary compensation, as determined in the final decision of the Council of Ministers under art. 34A, al. 1 in vlâzlata in force an order of the Governor under art. 34A, al. 2 or in the judgment, be translated on account of eligible persons ... ";

(b)) in the Al. 3 the words "art. 34, para. 2 "are replaced by" article. 34A, al. 2 ";

in) in the Al. 6, the words "the decision under art. 34A, al. 1, in the order of art. 34 c, para. 1 "shall be replaced by" in the final decision under art. 34A, al. 1 in vlâzlata in force an order under art. 34A, al. 2 ";

(d)) paragraph 7 is hereby repealed.

7. Article 42 shall be amended as follows:

"Art. 42. In otčužditelnite proceedings, transactions, and compensation for acquisition of property and property rights under this chapter shall not collect taxes. "

8. In art. 42 (g) Al. 2 is repealed.

§ 6. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45, 47, 53, 77, 82 and 99 by 2012 PCs. 15, 24, 27, 28 and 66 by 2013) the following modifications are made:

1. In art. 144 al. 4 is repealed.

2. In art. 149, para. 2, item 1 the words "are not interested persons the owners and holders of limited real rights in land, which has entered into force and issued a detailed plan Act of forced expropriation for the construction of a national entity or municipal entity of paramount importance" are deleted.

3. In art. 199:

(a)) in the Al. 1, the words "which are not owners ' shall be deleted;

(b)) in the Al. 2 third sentence shall be deleted.

The law was adopted by the 42nd National Assembly on 11 December 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Maya Manolova


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