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Law Amending The Law On Ownership And Use Of Agricultural Lands

Original Language Title: Закон за изменение и допълнение на Закона за собствеността и ползването на земеделските земи

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Name of law
Law amending the Law on Ownership and Use of Agricultural Lands




Name Bill
Amendments to the Law on Ownership and Use of Agricultural Land





Date of adoption
27/07/2010



Number / year Official Gazette
62/2010







DECREE № 231
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Ownership and Use of Agricultural Lands adopted by HLI National Assembly on July 27, 2010 Released on
in Sofia on July 30, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Ownership and Use of Agricultural Lands (prom. SG. 17 of 1991 .; corr., No. 20 1991 .; amend. and suppl., SG. 74 of 1991, pcs. 18, 28, 46 and 105 of 1992, pcs. 48 1993 .; Decision № 12 of the Constitutional Court since 1993 - SG. 64 of 1993 .; amend. and suppl., SG. 83 of 1993, No. 80 of 1994, pcs. 45 and 57, 1995 .; Solutions № 7 and 8 of the Constitutional Court 1995 - SG. 59 of 1995 .; amend. and suppl., SG. 79 of 1996 .; Decision № 20 of the Constitutional Court from 1996 - pcs. 103 of 1996 .; amend. and suppl. No.. 104 of 1996 .; Decision № 3 of the Constitutional Court from 1997 - SG. 15 of 1997 .; amend. and suppl., SG. 62, 87, 98, 123 and 124 of 1997 pcs. 36, 59, 88 and 133 in 1998, pcs. 68 of 1999, pcs. 34 and 106 in 2000, pcs. 28, 47 and 99 of 2002, pcs. 16 2003 . No.. 36 and 38, 2004, pcs. 87 2005 pcs. 17 and 30, 2006, issue. 13, 24 and 59 of 2007, pcs. 36 and 43 of 2008 . and pcs. 6, 10, 19, 44, 94 and 99 of 2009)
§ 1. In art. 10b are made the following amendments:
1. In para. 1, first sentence after the words "equivalent land" insert "from the state or" a second and third sentences are deleted.
2. A new paragraph. 2:
"(2) Where the persons under par. 1 requested compensation equivalent lands, compensation is:
1. a land of municipal land designated by city council on a reasoned proposal of the Municipal Agriculture Office - when the land on which the property can not be restored because of the circumstances specified in par. 1 are built with objects that are municipal property;
2. of land from the state land fund - in other cases. "
third. In para. 3 words "par. 1 "is replaced by" paragraph. 2 and / or registered compensatory bills. "
4. In para. 5 'preceding paragraphs "are replaced with" para. 1 "and last point is replaced by a comma and add" and in cases under par. 2 pt. 1 - municipal property. "
5. Created al. 6 and 7:
"(6) Where the land will land from state land fund, property owners are compensated with land from municipal land.

(7) The municipality certifies the nature of the event under par. 2 under conditions and procedures specified in the regulations for implementing the law. "
§ 2. In art. 10c is amended as follows:
1. In para. 1 pt. 2 and 3, 'and municipal "shall be deleted.
2. In para. 2 pt. 1 the words "and / or municipal" shall be deleted. 3
. In para. 5 'and municipal land fund "shall be deleted.
§ 3. In art. 11, para. 4 words "if it can not be compensated with land of art. 19 "shall be deleted.
§ 4. In art. 15, para. 3 words "municipal land" be replaced with "under Art. 10b. "
§ 5. In art. 19 para. 4, 5, 7, 8, 9, 10, 11 and 12 are canceled.
§ 6. In art. 19a para. 8, the words "included in the list approved by the Minister of Agriculture and Food and the Minister of Finance" is replaced by "registered under Art. 15 of the independent evaluators. "
§ 7. In art. 24, para. 13, second sentence, the words "by the evaluators of art. 19a para. 8 "are deleted.
§ 8. In art. 24a create par. 4, 5 and 6:
"(4) the leasing of land from the municipal land fund, with the exception of fields and pastures, or letting is done through a tender or competition under terms and conditions determined by the municipal council. Based on the results of the auction or tender is concluded lease or lease. The term of the lease can not be longer than 10 years.
(5) lands of municipal land can be leased or lease without auction or tender:
1. when under permanent crops;
2. when not been used two or more financial years; 3
. in cases of art. 37c, para. 10;
4. in other cases determined by law.
(6) The municipal council on the proposal of the mayor determines undersized estate municipal land fund, which can be rented for one year without tender or competition. "
§ 9. In art. 24year be made the following amendments:
1. In para. 2 pt. 1 the word "only" is deleted.
2. In para. 9, after the word "Council" shall be added "under the terms and provisions of this Act and the Municipal Property Act." 3
. In para. 10 words "merged farmers" are replaced by "agricultural", the word "acquired" is replaced by "that natural or legal persons, except municipalities, have acquired ownership under par. 2 pt. 3 ", then the word" transaction "is added" and repurpose them. "
§ 10. In art. 25 be made the following amendments:
1. In para. 3:
a) point 3 is amended as follows:
"3. creating new or expanding existing construction boundaries of urbanized territories (settlements and settlement formations) and creating or extending the boundaries of individual estate planning beyond; "
b) the item. 5:
" 5 . other cases determined by law. "
2. In para. 5, first sentence the words "three quarters" are replaced by "two thirds". 3
. Section 8 is repealed.

4. Paragraph 10 is repealed.
§ 11. In art. 26 words "the Ministry of Agriculture and Food and the municipal agricultural offices" are replaced by "the Minister of Agriculture and Food or authorized by him and the municipal councils."
§ 12. In art. 31 new paragraph. 3:
"(3) In certain contract conditions Ministry of Agriculture and Food granted to the state authorities - budget spending and municipalities digital map of restituted property required for the performance of their duties." | || § 13. In art. 33 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Regional Directorate" Agriculture "are specialized territorial administration to the Minister of Agriculture and Food. They are juridical persons secondary budget spending. Municipal Agriculture Offices are territorial units of the regional directorates "Agriculture". The activity, structure, work organization and staffing levels of the regional directorates "Agriculture" are governed by Rules issued by the Minister of Agriculture and Food. "
2. Paragraph 5 is repealed.
§ 14. In art. 34 be made the following amendments:
1. In para. 4 words "under Art. 19 "is replaced by" municipal land fund. "
2. A par. 9:
"(9) In the cases under par. 4 amounts under par. 6 is introduced into the municipal budget. "
§ 15. In art. 36, para. 3, second sentence, the words "higher" are replaced by "lower".
§ 16. In art. 37b are made the following amendments:
1. The previous text becomes para. 1 and in it:
a) a fourth new sentence: "Registration is not done when property is present more than one entered in the registry office contracts."
B) current sentence becomes the fourth sentence of the fifth.
2. Created al. 2 and 3:
"(2) The declaration under par. 1 shall be submitted within May 31 in person or by proxy and is valid for the next business year.
(3) In the period under par. 2 users can submit to the Municipal Agriculture Office application for participation in an agreement under Art. 37c attached to the application with an inventory of property to participate in arrays for use according registered in the municipal office of agriculture contracts and / or documents of title. "
§ 17. In art. 37c is made the following amendments:
1. In para. 1 in the second sentence, the word "appointed" is replaced by "certain" words "May 31" are replaced by "15 June" and the fourth sentence is deleted.
2. Paragraph 2 shall be amended as follows:

"(2) This Agreement contains data under par. 1, signed by users and the Commission and submitted to the municipal office of Agriculture Regional Directorate "Agriculture", the municipality and the mayor of the settlement. The agreement involved users who have paid their obligations under par. 7 and art. 34 on land under par. 3 pt. 2 for the previous business year. Agreement is signed and updated each year in the period from 1 July to 1 August for the next business year within the meaning of § 2 pt. 3 of the Law on Land Lease. It can not include properties declared for processing in real borders. Agreement enters into force, provided that comprises not less than two-thirds of the total area of ​​the arrays for use in the respective territory. "
Third. In para. 3 in the text before item. 1 after the word "agreement" insert "under par. 1, as well as lands that the agreement does not cover. "
4. In para. 4 after the word "contains" insert "the agreement" and a comma.
5. In para. 7:
a) the first sentence is amended as follows: "land users who benefit from the order under par. 4 in the section on land under par. 3 pt. 2, paid to the bank account of foreign funds of the municipality amount of average annual rent payment for the land before 1 July of the year. "
B) the third sentence: "For users who have not paid the amounts for land under par. 3 pt. 2 according to the order under par. 4, Art. 34, para. 6. "
6. In para. 10, the first sentence after the word "State" insert "and municipal" after the word "person" shall be added "respectively the mayor" and in the second sentence the word "lands" is replaced by "village".
7. In para. 11 after the word "State" insert "and municipal" and the words "par. 7 "insert" Art. 34, para. 6 '.
8. Paragraph 14 is repealed.
§ 18. In art. 37e, para. 2 after the word "fund" shall be added "and change their purpose."
§ 19. Article 37zh is repealed.
§ 20. In art. 37i para. 3 in the text before item. 1 the words "two-thirds" shall be deleted.
§ 21. In art. 37o para. 1 in the text before item. 1 the words "two-thirds" shall be deleted.
§ 22. In art. 37p par. 3 is repealed.
§ 23. In additional provisions be made the following amendments:
1. In § 2f par. 1 word "lands" is replaced by "relevant territory".
2. A § 2g:

"§ 2g. "Array of use" within the meaning of this law is a continuous area of ​​land bounded by the existing terrain durable items, according to the map of restored ownership or cadastral map and / or digital ortho photo card with the same permanent usage. The boundaries of the arrays is determined by the property boundaries of the final properties. As appropriate, taking account of the current permanent usage of digital ortho photo card. In arrays of use does not include property recovered or recoverable existing old boundaries. "
Transitional and Final Provisions
§ 24. (1) The persons included in the approved by the Minister of Agriculture and Food and the Minister of Finance list can within one year from the entry into force of this Act to apply for registration of law at the register under Art. 15 of the independent evaluators. The application shall be issued by the Minister of Agriculture and Food certificate.
(2) After the deadline under par. 1 guest farmland and forensic accounting expert of art. 19a para. 8 performed by appraisers, registered under Art. 15 of the independent evaluators.
§ 25. (1) Incomplete proceedings before the Minister of Agriculture and Food, on the date of entry into force of this Act are applied for listing under § 24 para. 1 shall be completed under the previous order.
(2) The persons under par. 1 may be entered in the register under Art. 15 of the independent evaluators under § 24 para. 1 within three months of publication in the "Official Gazette" of the order for their inclusion in the list.
§ 26. Existing relations of the employees of the municipal agricultural offices are settled as follows:
1. official relations - under Art. 87a of the Law on Civil Servants;
2. labor relations - under Art. 123 of the Labour Code.
§ 27. (1) Pending proceedings for compensation of agricultural land from the municipal land will be settled by the previous order.
(2) The municipal councils provide land from the municipal land fund if one of the following conditions:
1. establishing the boundaries of agricultural land for which was issued decision of the Municipal Agriculture Office for recognition of the right of repossession in existing or recoverable old real boundaries;
2. enforcement of judgments recognized for ownership;
3.obezshtetyavane owners whose property can not be restored.
§ 28. For the agricultural 2010-2011 Later deadlines under Art. 37c is extended by one month.
§ 29. Incomplete procedures for changing the land use of art. 24d para. 10 and Art. 37e, para. 2 is finished by the previous order.

§ 30. In the Independent Appraisers Act (prom. SG. 98 of 2008, amended., No. 49 of 2010) in art. 6 para. 1 m are created. 8 and 9:
"8. agricultural land and permanent crops;
9. land in forest areas. "
law was adopted by the 41 th National Assembly on July 27, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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