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Åland's Land Acquisition Act

Original Language Title: Ahvenanmaan maanhankintalaki

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Åland acquisition law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament, which was adopted in accordance with Article 67 of the Statutes, the Province of Åland, with the agreement of the provincial days of the Åland Islands, shall:

ARTICLE 1

In order to enforce the law on land owned by the Åland Islands in the Åland Islands, the restrictions laid down in this law are in force in relation to the acquisition and management of immovable property in the province.

ARTICLE 2 (16,1991/1145)

Those who do not have access to the Åland Islands, as well as companies, cooperatives, associations, other entities, institutes, foundations or groups shall not, without the permission of the Provincial Government to acquire property rights, or under a lease or other contract, Manage immovable property in the province. The provincial authorities may provide for this derogation.

The provisions of this law concerning the acquisition of immovable property shall also apply to the sector of the property and to the portion of the estate acquired by the sale, which is owned or controlled by immovable property.

As a consequence, a person who loses his right of residence does not need permission to control immovable property under a lease agreement or other contract already entered into as long as the contract is in force. The extension of the contract shall apply to the provisions laid down in paragraph 1.

ARTICLE 3 (16,1991/1145)

Notwithstanding the provisions of this Act, the debtor and the spouse shall inherit the property referred to in Article 2 and acquire shares in a estate which owns or controls immovable property if they are shareholders of the estate. In the event of death of the spouse, the surviving spouse shall acquire the property of the surviving spouse without prejudice to the right to property under the law of matrimonial law. The provincial authorities shall lay down the conditions under which the spouse and the spouse are entitled to acquire the property referred to in Article 2 by virtue of this law. Similarly, the provinces provide for the conditions under which the spouse, together with the other spouse, who has the right of residence, and the spouse at the end of the life of the spouses or after the divorce, may own or control the said property.

If the surviving spouse or surviving spouse is a shareholder in the estate of the estate, which owns or controls immovable property, and such a shareholder does not have the right of origin, the provincial government may, unless the distribution of the estate has been provided Within two years of the death of the deceased and the holder of the estate has not been granted the authorisation referred to in Article 2 (1), requiring the distribution of the distribution, such as a member of the hive. The right of the Land of the estate to be governed by the law of the Land of the estate shall be governed by the law provided for by this law for the acquisition of immovable property.

Without authorisation, the Bank may, for a period not exceeding five years, acquire ownership of the property referred to in Article 2, which is pledged or secured by an unpaid debt. After a period of time, the recovery of property shall be applied, which is otherwise provided for in this Act.

§ 4

The application referred to in Article 2 shall be submitted to the provincial government. If the extradition document or other agreement has already been drawn up, the application shall be made within three months of the date of signature. The document or a copy shall be attached to the application.

The provincial government may, notwithstanding the time limit for the application for an authorisation, examine the application for a permit after the deadline, if the application is considered to be specific reasons.

Prior to the final submission of an application for authorisation by the provincial government, the opinion shall be obtained from the municipality where the property is situated.

§ 5

In the absence of an application for authorisation for the acquisition of immovable property, the provincial government shall inform the failure of its application that the property shall be within six months from the date on which the notification has been certified to him, To be handed over to someone who is entitled to the acquisition of the property, or at the risk of being otherwise sold by public auction. At the same time, it must be stated that the application for authorisation may be sent to the provincial government during that period, so that the specific reasons referred to in Article 4 (2) shall also be presented in the application. When the relevant postal address is not known, a notification is sent to the property in question.

If the circumstances on the basis of which the right of access to fixed assets is limited have not ceased, the provincial government shall, after the expiry of the six-month period referred to in paragraph 1, provide that the property must be sold Public auction, on behalf of the owner.

ARTICLE 6

If the provincial government has rejected an application for the acquisition of immovable property and no property has been released within six months after that date to someone who has the right to property, is the provincial government, if: The circumstances which restrict the right of the person concerned to ownership of immovable property have not ceased, the public auction shall be made available, mutatis mutandis, in accordance with Article 5 (2). The decision to reject the application for a licence to the applicant shall be accompanied by a statement as to what is to be complied with in this paragraph.

For any immovable property has given up, it does not grant the right to reproach on the grounds that it is contrary to the provisions of this law.

§ 7

Where, on the basis of a lease or other contract, fixed assets are awarded to the person, entity, institution, foundation or group referred to in Article 2, and in accordance with the provisions of Article 4, the provincial government shall notify the To the lessor and to the lessor that the contract is within six months from the date on which the notification has been shown to have arrived at him, at the risk of being declared null and void and the unauthorised holder of the property being evicted. At the same time, it must be stated that the application for authorisation may be sent to the provincial government, in which case the specific reasons referred to in Article 4 (2) shall also be submitted in the application. When the relevant postal address is not known, a notification is sent to the property in question.

If the circumstances on the basis of which the right of the person concerned to manage the flat-rate property have been limited have not ceased, it shall, after the expiry of the six-month period referred to in paragraph 1 of the provincial government, provide that the contract is void; and Take action to evicting the unauthorised holder.

If the provincial government has rejected the application for authorisation for the management of immovable property and the agreement on which the management is based, no later than six months after the rejection, the provincial government shall proceed as provided for in paragraph 2.

§ 8

Where the authorisation referred to in Article 2 is granted, it may be granted under the conditions which the provincial government, having regard to the meaning mentioned in Article 1 of the Act, considers necessary. In that case, it may also be made conditional on the use of the property without the consent of the provincial government to be used for purposes other than those mentioned in the application for authorisation.

§ 9

Since it has been established by a judicial decision of the Court that the person who has access to immovable property shall be entitled to someone whose right to own fixed assets is subject to the restrictions provided for in this Act, in such a way that he In the main proceedings, the property owner (intermediary), is the provincial government, unless the property is handed over to someone who has the right to own it within six months, to be sold for sale by public auction. Such a provision is valid, even if the property has been handed over after that date.

Where, in accordance with the provisions of paragraph 1, it has been established that someone under a lease or other contract is controlled by a flat-rate property, the provincial government shall immediately take measures to evict the holder.

For the purposes of establishing the matters referred to in paragraphs 1 and 2, the public prosecutor shall be brought before the District Court where the property is situated. The court or tribunal shall forward without delay a copy of its decision to the provincial government.

ARTICLE 10

The provisions of Article 9 (1) must also apply when a final court ruling has established that the acquisition of immovable property by the authorisation mentioned in Article 2 has infringed the condition laid down in Article 8.

The provisions of Article 9 (2) shall also apply when, as mentioned in paragraph 1 above, it has been established that the person who has been authorised to manage fixed assets under a lease or other contract has infringed the Condition.

For the purposes referred to in paragraphs 1 and 2, the application for the establishment of the facts referred to in paragraphs 1 and 2 shall be raised by the public prosecutor in the court of the place where the property is located. The court or tribunal shall forward without delay a copy of its decision to the provincial government.

For specific reasons, the provincial government may omit the notification referred to in paragraph 3, provided that there has been an adjustment in respect of compliance with the condition.

ARTICLE 11

Where the action referred to in Articles 9 and 10 is brought before a court, it shall be recorded in the minutes of the affixing.

ARTICLE 12

The auction, which is supplied pursuant to the provisions of this Act, shall, with the exception of the exceptions provided for in this Article, comply with the provisions relating to the sale of the goods.

Fixed assets shall not be sold to the person or entity mentioned in Article 2, unless they have been given the right to own it before that. If the auction supplier does not know whether or not he/she has made the highest bid to own the flat-rate property in the province and is not available to him prior to the end of the auction, he shall: To obtain an explanation at the expense of the offeror. If it appears that this does not have the right to own fixed assets, a new auction shall be provided, where applicable, where applicable: Article 45 of Chapter 5 of the Expenses Act (2) is provided for. When an auction is delivered pursuant to Article 9, the owner of the property shall not be entitled to shout it.

The notification and the invitation to tender for the auctioning of immovable property shall state that the auction shall be transmitted under this Act and within the limits indicated in paragraph 2.

Exit L 37/1895 Has been repealed by L 17/11/2007 , see Output arch 705/2007 Chapter 5 § 45 .

ARTICLE 13

The police authority and the other authority concerned shall ensure that fixed assets are not acquired or controlled in contravention of the provisions of this law or in contravention of the terms of the decision of the Provincial Government and that the intermediate relationships referred to in Article 9 And the provisions of this Act shall apply mutatis mutandis.

A copy of the journals of the Province of Åland shall be obliged to the provincial government to send a copy of the daily records of the divestments referred to in this Act which have been supplied to him by the public service provider.

ARTICLE 14

In the Province of Åland, an application for registration or registration as a guarantee of the stability of a tenancy agreement must be submitted, except in the form of a law or elsewhere specified in law or elsewhere, either: The right of origin or the authorisation referred to in Article 2.

§ 15

The beneficiary of the authorisation referred to in Article 2 shall be required to show that the condition imposed pursuant to Article 8 has been complied with in order to carry out an inspection by the provincial government.

ARTICLE 16

The appropriateness of the decision adopted by the provincial government under this law shall not be contested.

§ 17 (28.1.2000)

This law may be amended or repealed, or exceptions may be made only by the same decision of the Parliament and the provincial days. In the Parliament, the decision shall be taken in the order in which the Constitution is amended and repealed, and in the days of the provincial days, with a minimum of two-thirds of the votes cast.

ARTICLE 18

This Act shall enter into force on 1 February 1975 and shall repeal the law of 28 December 1951 relating to the exercise of the right of redemption in the province of Ahvenanmaa. (13,51) .

However, after the entry into force of the law, the transfer of real estate in the province of Åland, which has taken place before the entry into force of this law, shall continue to apply after the transfer of the right to redemption in the province of Ahvenanmaa. Of the law.

The duration of the lease agreement concluded before the entry into force of this Act shall be subject to the provisions of this Act.

Entry into force and application of amending acts:

16.8.1991/1145:

This Act shall enter into force on 1 January 1993.

The acquisition of property under this law, which has taken place before the law enters into force, shall be governed by the provisions of the previous law.

The duration of the lease or any other contract concluded before the entry into force of this Act shall be governed by the provisions of this Act.

HE 73/90, plvkms. 15/90, svk.M. 332/90, svk.Met. 3/91

28.1.2000/76:

This Act shall enter into force on 1 March 2000.

THEY 147/1998 , PLN 12/1998, EV 286/1998, LJL 3/1999, PVM 5/1999, EK 23/1999