Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The redemption of immovable property and special rights shall, unless otherwise provided for in any other law, comply with this law.
Where Regulation (EC) No 1364 /2006/EC on guidelines for trans-European energy infrastructure and repealing Decision No 1364 /2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 The energy project of common interest referred to in Article 5 shall be subject to the provisions of the Regulation of the European Parliament and of the Council and of the Council of the European Union concerning the common interest The law on the authorisation procedure for energy projects (204/2014) . (22.08.2014/691)
With fixed assets For the purposes of this Act, the property-and the comparable right to property, or any other land or water area, as well as a building or structure belonging to them.
With a special right Means the right of use, exertion, removal, and such comparable right to property or other land or water, building and construction.
On the property Referred to in paragraphs 1 and 2.
What is laid down in this law for fixed assets must also be applied to the property rights of the other building and the construction of another country.
Redemption may include:
(1) acquire fixed assets or a permanent or temporary special right;
(2) restrict permanently or temporarily the right to use or hold immovable property or a specific right; and
3) abolish the special right.
Cash is obtained when the general need is required. However, redemption shall not be carried out if the purpose of the redemption can be achieved in any other way or if the damage to the private interest is greater than the benefit to the general interest.
The claimant may also be a private law entity that demonstrates the need for a general need for redemption and provides a reliable explanation that the assets to be redeemed will be used for the intended purpose.
Specific redemption criteria shall be valid for what is provided for separately.
The request for redemption shall be issued by the Council of Ministers at its general meeting. (20.6.1989)
Where an application for redemption is sought for an undertaking within the meaning of Article 9 (4), and where there is no objection to the granting of a redemption permit or a question is of less importance for the public and private interests, the application for redemption authorisation shall be determined by: A surveyor. (13.12.2012)
When the establishment of a specific plan, the granting of a permit or any other decision, at the same time, provides the right to carry out the redemption necessary for the execution of the undertaking, no redemption permit is required. (30.12.1982/1110)
The Law on Environmental Impact Assessment (468/94) Shall be accompanied by an assessment report in accordance with that law. To the extent that the report contains the information necessary for the application of the provisions of this Act concerning the environmental impact, the same report shall not be required again. (10.6.1994/478)
If the application for a redemption permit concerns a project which appears to be in the Nature Conservation Act (1096/1996) , the Nature Conservation Act and the provisions thereof shall be complied with. (20.12.1996/1102)
Paragraph 6 has been repealed by L 13.12.2012 .
In the case of a claim for redemption, a statement shall be made to make it possible to criticise the necessity of redemption or to establish the existence of the right of redemption.
The application shall be accompanied by appropriate maps and drawings, a statement of the owners and holders concerned and their addresses and, where appropriate, information on the regional planning situation. The documents must be given in duplicate.
Where an application concerns a common area of real estate or a common specific benefit, the parties shall be required to provide only a statement necessary for the transmission of the service. (20.6.1989)
The owner of the immovable property and the holder of the right of use shall, unless the applicant shows that they have agreed to the redemption in writing before issuing the redemption permit, the opportunity to give an opinion on the matter within the time limit. The deadline shall not be made shorter than 30 days and no longer than 60 days from the date of notification of the application.
For the municipality concerned and, where the project is of interest, the province of the province and the Centre for Enterprise, Transport and the Environment shall be provided with the opportunity provided for in paragraph 1. A similar opportunity must also be provided for the Centre for Food, Transport and the Environment, if the project has a significant environmental impact. (22.12.2009)
The application books and the declaration for the lodging of an opinion shall be communicated to the owner and the holder as evidence of evidence, and to the hearing referred to in Article 8 (2) as ordinary service, as in the administrative law (2003) Provides. Service other than those referred to above shall be provided by means of a public alert on the municipal declaration board as provided for in the public notice. (5.12.2003/1032)
Where the application books are so extensive or because of the large number of people to be heard, or otherwise such that they are subject to undue hardship, notification shall be accompanied by a notification of missing documents, and Where and when they are visible in the municipality concerned.
Where redemption refers to the property referred to in Article 7 (3), service shall be effected in accordance with the common forest, other common area and a common member of the common special benefit, in accordance with the separate provisions. (20.6.1989)
Where redemption takes place for the construction of a transmission line, a natural gas network or any other comparable undertaking, the hearing of owners and holders of fixed assets may be organised in such a way as to enable the applicant to afford them; and Holders of an interest and right to express their opinion on the project at a meeting in each municipality. However, where the undertaking referred to in the application concerns only a minor part of the territory of a municipality, the holders of immovable property and right of access may, at the same time, be heard by a municipality in another municipality At a meeting. The meeting shall include information in each municipality as the municipal declarations in the municipality are published. The minutes of the meeting shall be attached to the application for redemption. A hearing which wishes to include a written statement in the minutes shall allow for the possibility of a meeting, or, if required, after a meeting within a time limit which shall not be less than 14 days. (22/09/98)
The redemption permit shall indicate which assets are subject to redemption. However, the object of the redemption may, in less important respects, be made available for the purposes of the redemption operation, when the redemption is acquired in respect of the areas necessary for the undertaking referred to in Article 9 (4) and the general features of the redemption of the subject matter. The demonstration may be considered sufficient when the redemption permit is granted.
The decision on the authorisation of redemption shall be notified without delay in the order provided for in Article 9 (1) to those who are to be consulted pursuant to Article 8 and to the applicant. In addition, once the redemption permit has been issued by the Government, the decision on the redemption permit shall be notified without delay to the measuring institution, which shall at the same time be provided with the copies of the application books. (13.12.2012)
The notification to the registration authority is provided for in Article 77. (247,2009/580)
The redemption of the order shall be issued by the Land Measurement Service after obtaining the redemption permit or after obtaining the information on the decision to grant the redemption permit.
For the purposes of the redemption of the redemption referred to in Article 5 (3) and of any other redemption to which the applicant is entitled without a redemption permit, the Land Measurement Agency shall issue an application.
Redemption is carried out by the redemption committee, including a supply engineer and two of the trustee. The Chairperson is the Chief Engineer.
The Review Commission shall have the right to invite one or more experts to assist in the event that the Commission considers that it is necessary to deal with the specified case. The expert shall not vote in the committee.
As an engineer, the Land Measurement Department shall provide a supply engineer with sufficient familiarity with the redemption issues. If the delivery is complete in the municipality of residence of the municipality, except for land use and construction (132/1999) , and the municipality concerned is not a party to the redemption operation, with the agreement of the municipality, with the agreement of the Municipality, with the approval of a real estate engineer with a similar degree of familiarity with redemption matters.
The trustees are calling the supply engineer for the people who were entrusted with the occupation of the property. At the invitation of trustees, care must be taken to ensure that there is a sufficient rotation between the men who are entrusted. In the same redemption operation, however, the same trustees, where possible, are the same. Of the men who are believed to be otherwise in force, which is the property formation law (554/95) Of the men who have been entrusted.
The redemption delivery shall include:
(1) fix the subject of redemption and show it on the map and, to the extent necessary, on the ground;
(2) draw up an explanation of the assets to be redeemed and redeemed;
(3) provide the necessary arrangements for the road and private roads and decide on the repair of the damage;
(4) make decisions concerning the imposition of compensation and the execution of delivery costs;
(5) to take possession prior to any other occupation, if it is to be carried out at the time of delivery; and
(6) the establishment of real estate and the handling of other redemption operations by the redemption committee, as specified below. (26.07.1993/709)
Subject to the provisions of this Act, provision shall be made for information and a procedure for redemption, correction of an error in redemption, correction of error and a proposal for the lifting of the supply or decision as appropriate. In respect of which the property delivery law provides for the property delivery law. (22/09/98)
For the purposes of dispatch, the owner shall, at the request of the Chief Engineer, inform the holders of specific rights in his file of the delivery.
The aesthetic and decision-making of the members of the Board of Appeal shall be valid for the purposes of the property formation law governing the aesthetic and decision-making of the delivery men.
When a delivery engineer has been ordered, he shall take the measures required by Article 15 and other measures required to carry out the redemption of the redemption commission.
The claim to be addressed shall be made and any other statement shall be presented at the meeting of the redemption committee or in writing to the delivery engineer.
Such redemptions, which are based on the same redemption permit, are treated in the same transaction. However, when issuing a delivery order or during delivery, a surveyor may separate the redemption on the basis of the same redemption permit for the various deliveries if it is necessary to expedite redemption or for any other reason.
The redemption operation shall confirm the subject of redemption in accordance with the redemption permit. The redemption permit may be waived to a minor extent, if there is a specific reason.
If the object of the redemption is provided for in any part of the redemption activity, the parties concerned do not agree, or where there is otherwise a dispute over the fixing of the borders of the area to be redeemed, On the treatment of buildings and equipment or of carpentry and other vegetation, or otherwise of what needs to be redeemed, the redemption committee shall resolve the matter. (30.12.1982/1110)
The delivery shall carry out the necessary property determination. (9.12.1999/1144)
Where ownership is acquired, the redemption decision may retain a special right provided that this can be achieved by the achievement of the purpose of redemption and without jeopardising the clarity of the real estate registration system.
For the purposes of the redemption decision referred to in paragraph 1, the redemption decision shall indicate which rights are to be established, restricted or terminated.
The redemption decision is governed by Article 50 (1).
Where redemption is carried out in such a way that, because of the fragmentation of the accounts or for any other reason, the use of a property or a part of the property is adversely affected, it may be possible if the removal of the wound or its essential reduction is therefore conveniently Without causing any damage or injury to others and without prejudice to the implementation or development of the formulae referred to in the Land Use and Building Act, the exchange of accounts shall be carried out between real estate. In addition, if there is particular reason for it, the payment of full remuneration for the purposes of the above property shall be transferred to the property in question, in consideration of the other property. If the grains of the areas to be exchanged do not correspond to each other, the difference shall be replaced by money. (9.12.1999/1144)
The holding arrangement referred to in this Article shall not be required for the owner or the consent of the owner, who has a property right or a special right. If the parties agree to it, the redemption consignment may carry out a number of holding exchanges other than those referred to in paragraph 1 and the transfer of the territory if they are necessary and appropriate for the purpose of redemption due to redemption. To achieve. The area under the arrangement will be released from the lien on the lien and, if it is not otherwise provided for in the arrangement, including the other right that has been imposed on it. (12.4.1995/556)
The provisions of paragraphs 1 and 2 shall also apply to an area which is not part of the property.
Where the disadvantage referred to in Article 23 (1) is very significant and cannot be eliminated or substantially reduced by the provision of a holding facility, the owner shall have the right to claim the redemption of the remaining assets or a special part of it if he/she does not: Want to be compensated for its disadvantage.
The provisions laid down in paragraph 1 shall be complied with when the question is of particular concern to the exercise of a specific right.
Compensation for the account arrangement shall be determined in accordance with the provisions of this Act if the applicant country has been surrendered or the tilus of the owner of the property which is the subject of redemption is more valuable. Otherwise, the owner who has benefited from the exchange shall complete the difference, which shall be used to shorten the redemption allowance.
If, owing to redemption, the right to a private path is lost and the path must therefore be led through another property or territory, or the redemption of any other means of redemption, the following questions shall be raised: In accordance with the provisions of the law on private roads, where applicable, (358/62) Is provided for.
Compensation shall be paid by the applicant in respect of the right to be set up under the private road system.
Where the use of public road, street or other public access to the general path is impeded by redemption, the applicant shall be obliged to make a new or submissive, new road or other device that the traffic may continue unhindered.
Where, in cases other than those referred to in paragraph 1, the occurrence of a claim or injury arising from redemption may be prevented or reduced by a particular job or measure, the applicant shall be entitled to take it in order to do so.
The Board of Appeal shall decide on the tasks referred to in paragraphs 1 and 2 and on the manner and time of their performance. At the request of the party, the undertakings referred to in paragraph 2 may be subject to the lodging of a security.
The owner of a claim shall be entitled to full compensation (redemption allowance) The financial loss resulting from redemption.
The redemption allowance shall comprise: Target - And On the handicap payment And On compensation According to the provisions of this Act. Paragraph 36 provides for the reduction of the benefit.
For the purposes of the redemption allowance, account shall be taken of the arrangements for the payment of accounts and private roads and the measures to be taken to repair the damage.
Full compensation in respect of the fair value of the assets must be provided (compensation) in accordance with the fair price. If the fair price does not correspond to the full loss of the donor, the assessment shall be based on the cost of the assets or the costs incurred.
The amount of the compensation shall not be taken into account for any change in value caused by fluctuations in supply or in other price relationships for a reason.
If the applicant has acquired the right to take over, the change in the value of the property after obtaining the right has to be disregarded. If the general price level has been increased after the date of that date, the compensation shall be adjusted to reflect the price level that has been raised.
If the undertaking for which redemption is carried out has significantly increased or reduced the value of the assets to be redeemed, the compensation shall be determined to reflect the value that the assets would have had without the said effect.
Where a State, a municipality or a municipal group is acquired immovable property or a permanent special right to commune for the purpose of communal construction, where the municipality has decided to draw up a pattern of employment or which has been decided to change the layout, Or the increase in the value of the country after the decision is taken. That part of the increase in value which corresponds to the increase in the general price level or which has otherwise been caused by reasons other than that of which the redemption is carried out shall be counted in favour of the recipient. (5.2.1999/142)
However, in the case of compensation pursuant to paragraph 2, the amount of the country's increase shall not exceed 7 years from the date prior to the initiation of the redemption.
Notwithstanding Article 31, when the property is redeemed by its owner for the pursuit of his or her occupation or occupation, the allowance shall, notwithstanding Article 31, be fixed at least as much as is necessary for a similar dwelling; or The acquisition of the same income as the equivalent of redeemed equivalent to the redeemed asset.
When a property is redeemed or serves a specific right, this shall be taken into account when determining the value of the assets.
Where, in the case referred to in paragraph 1, the particular entitlement to property shall be assigned to the applicant, the amount of the property shall not be taken into account in respect of the work carried out by the applicant or the holder of a particular right in favour of the property of the previous holder. Improvements to the costs, in so far as they go beyond what a special right has been in debt.
Where the property is in accordance with the provisions relating to the lien or non-payment, the right of access to the money or movement of goods or goods, which has a better right than a special right to property, The special right must be disregarded to the extent that the compensation provided for it would reduce the value of property to the detriment of creditors.
Where it is apparent that the beneficiary is, after receiving the information from a possible redemption, has taken steps to change or impose the redemption of the property in order to obtain a higher level of compensation than the claimant is required to pay, The compensation shall be provided as to why it would have formed if the measures had not been taken.
When a part of the property belonging to the same person is redeemed and that of that or the undertaking for which the redemption is carried out, the maintenance of the remaining assets is detrimental to the use of the remaining assets, the disadvantage shall be replaced by: (injury compensation).
If the use of the remaining assets of the same person results in a lasting benefit from redemption or the entity in which the redemption is carried out, the benefit is in accordance with the fairness and the entitlement of the recipient to full benefit. Reduction of compensation under Articles 30 to 35 shall be deducted.
Paragraph 1 shall not be complied with to the extent that the deduction of benefits would result in a reduction in the creditor's right to compensation under Article 33 (3).
Where redemption entails loss, costs or other damage to the owner of the property or damage to the profession or any other reason, the damage shall be compensated (damages).
Article 82 provides for the costs to be incurred by the compensation holder for the exercise of his right to exercise his right to claim redemption.
Where an employee or a neighbour or other person who is not redeemed property, is suffering material injury or damage caused by redemption or redemption, which should be subject to compensation if he/she had been redeemed, impaired or The damage may be replaced if compensation is considered reasonable in the circumstances.
The provisions of this law shall not apply to compensation for damage and damage resulting from the delivery of the redemption decision and which cannot be regarded as likely at the time of decision.
However, if the disadvantages or damage referred to in paragraph 1 are disproportionate, taking into account the damage and damage caused to property in the environment, they must be replaced in full if they were born before: Ten years have passed since the delivery of the redemption decision.
The parties may agree on compensation.
The redemption committee shall establish a contract, unless the compensation appears to be less than why it should otherwise be provided. If the contract is not established, the compensation shall be specified in accordance with the criteria laid down in this Act.
The provisions of paragraph 2 shall not be complied with if the parties agree, in accordance with the provisions of Article 73 (1), for the transfer of the property to be redeemed before the end of the period for the withdrawal of the redemption.
Subject to the provisions of this Act, questions relating to compensation shall be examined and resolved on behalf of the post.
For the purpose of determining the amount of compensation, each item of the redemption and the damage and damage resulting from redemption and the benefits shall be clearly explained and assessed by reference to the criteria on which the assessment is based. Each asset redeemed must be assessed as a whole. In addition, it is necessary to specify the arrangements for the provision of accounts and private roads and the measures to be taken to repair the damage.
If, as a consequence of the request of the party concerned, the claim is deemed necessary, the explanation and assessment shall also be provided in respect of the object and the harm, the damage and the benefit of the party to be redeemed or taken into account Will not be met.
At the request of the party, the amount of the damage compensation referred to in Article 24 would be raised if it were to be ordered to be carried out.
In the event of an accounting arrangement within the meaning of Article 23 and the change in the delivery of part of the property belonging to the same person, the compensation may, with the exception of compensation for damages, be determined by way of derogation from the provisions of Article 42 (1) The difference between the value of the assets before and after redemption, if it is appropriate to take account of the provisions on the basis of the compensation and other factors affecting the performance of the assessment. In accordance with the provisions of Article 36 (2), the amount of compensation provided for in Article 36 (2) shall apply accordingly.
Where the assessment is carried out within the meaning of paragraph 1, the provisions of Article 31 shall apply to the determination of the value of the property before redemption.
In the event that the value of the assets referred to in paragraph 1 after redemption is higher than before redemption, the owner of the assets to be redeemed must carry out the difference, which shall be used by Article 25 of the applicant. The payment of compensation for the payment of compensation.
The property shall be assessed as at the time of the delivery of the redemption decision or, if the applicant has previously acquired the right to take over the property, as was the case.
The compensation to be redeemed, subject to the provisions of this Act, shall be determined on the basis of the value of the date of delivery of the redemption decision.
If any harm or damage which is to be considered likely to be caused shall not be sufficiently accurately assessed, the compensation shall be determined by the amount of the compensation which must be considered to be at least equal to.
The applicant shall be required if the recipient of the compensation so requires and justified, to lodge a security of the additional compensation that may be due later. The redemption committee shall establish the quality and quantity of the security.
The imposition of additional compensation is provided for in Article 71.
In the case of an area where the redemption has acquired a special right, the harm and damage caused by the measure taken after the redemption of the redeemer is caused by any damage or damage which has not been compensated for in the event of redemption. If the parties do not agree to the compensation, the case shall be settled in the order in force, as provided for in Article 71 (2).
In the redemption decision, the redemption allowance for each party shall be divided into two instalment:
(1) improvement of the benefits and disadvantages of Article 36; and
2) damages.
In addition to the provisions laid down in paragraph 1, the redemption allowance allocation shall take into account the requirements of its subsequent processing.
The compensation shall be a lump sum payment.
In the case of fixed-term redemption, if the recipient agrees, the compensation shall be determined as an annual payment. The right to receive payment is part of the property covered by the redemption.
If the applicant and the earner agree and, if the financial compensation is to be deposited on the basis of the above provision, the compensation may be accepted, the compensation may be wholly or partly immovable property or other assets. The Redemption Commission shall establish a contract. A contract document or an extract from the supply protocol containing an agreement shall be equivalent to the transfer of assets.
The compensation shall be provided to the person to whom the property redeemed at the beginning of the redemption of the redemption takes place. If there is no information on the owner or if a dispute is pending at the start of the delivery of a better right to redeem the property, the compensation shall be ordered to be deposited.
If the compensation is to be paid out of the assets referred to in Article 7 (3) and not all the compensation beneficiaries and their units, the compensation shall be made jointly by the shareholders. If there is no explanation as to who has the right to withdraw the joint compensation, the compensation shall be ordered to be deposited.
When the property is fully redeemed, the lump sum payment shall be made available for deposit. (30.12.1982/1110)
The provisions laid down in paragraph 1 shall apply to the compensation referred to in Article 46 (1) (1) for the acquisition of the right to a part of the property or the redemption of other assets, in respect of which a mortgage or an unpaid transaction price And the owner does not show that the right-holder has agreed that the compensation is to be paid to him or the redemption commission is considering: The property is clearly equivalent to that burdensome rights. (30.12.1982/1110)
The provisions of paragraph 2 shall also apply in the case of redemption as referred to in Article 3 (2).
The interest referred to in paragraph 2 shall not be read in accordance with Article 78, which can only be applied to the remaining assets. (20.6.1989)
According to this law, the property redeemed to be redeemed to be one or more redeeming units in such a way that the areas redeemed for the purposes of the different use are formed into different units. The redemption units may be reproduced if the applicant for redemption requests or otherwise is appropriate, and the integrity of the property system is not compromised. With the consent of the cashier, the redeemable area may be attached to the same property serving the same purpose, provided that the property in which the property is redeemed and the property that is already present in the property The conditions for the combination are in place. Regions belonging to different municipalities must not be included in the same registries unit.
Where redemption takes place under the Land Use and Construction Act, the redeemed territory may, at the request of the redeemer, constitute a property other than a cashier.
At the final meeting of the redemption supply, the Redemption decision And provide a complaint.
The final meeting must not be held until the redemption permit has been authorised.
At the end of the period of appeal, and no later than 60 days after the lodging of the redemption decision, the engineer shall send the documents and maps of the delivery in accordance with Article 192 of the law on the formation of the property formation and the subscription to the property register. For the real estate registry administrator. For specific reasons, the holder of the property registry may, upon request, extend the time allowed.
The claimant shall pay a lump sum or, if the advance payment has been made, the rest of the compensation within three months of the date on which the redemption decision has been declared, payment of compensation to the claimant or to the financial institution Or, if the compensation has been ordered to be deposited, the location of the property in which the property is located. (22.12.2009)
If the applicant has appealed against the redemption decision, the contested part of the compensation may be deposited with the regional administrative office of the place where the property is located. In addition, the compensation to be paid by the right to deposit is valid for the deposit of money, value-added, securities or documents in the form of payment or exemption from other obligations under the law on performance (19,1931) (hereinafter ' the Payment deposit law , provide. The withdrawal of the deposit is provided for in Article 70. (22.12.2009)
Where the compensation is deposited, the applicant shall provide the regional administrative authority with a copy of the redemption decision. (22.12.2009)
The applicant shall inform the Measurement Department without delay, and at the same time provide an explanation. (13.12.2012)
Where the redemption decision has been received in all respects by the law and the lump sum payment duly completed and the security referred to in Article 45 (2) has been lodged, the supply engineer shall, without delay, send the documents and maps of the delivery The keeper of the real estate register. The keeper of the real estate register shall make the necessary entries in the real estate register without delay after that date.
Where the acquisition of property rights in the event of redemption of a property or territory or of other legal effects related to the termination of redemption is important for the purpose of redemption and the appeal against the redemption decision shall be limited to compensation Or any costs, or otherwise, which does not affect the fixing of the object of redemption or the markings otherwise assigned to the property register, may be required for the delivery of the redemption at the request of the applicant, Although the redemption decision has not been legally binding in its entirety, Provided that the redemption allowance ordered by the redemption commission is duly completed. If the lodging of a complaint concerns only some of the properties belonging to the consignment, it may be affixed in the case of other properties, without waiting for the validity of the redemption decision. The request referred to above shall be made to a surveyor, which shall provide the information necessary for the registration to the holder of the property registry and shall inform the national court of the request for registration. The Land law may prohibit the registration until the appeal is resolved. Land law may also take a decision within the meaning of this paragraph when it is only the President. (13.12.2012)
The redemption shall be deemed to have ended when the entries referred to in Article 53 (1) were made or where the conditions for marking have been established, but there is no need to subscribe.
If the property registry administrator is a municipality, it shall immediately inform the Land Measurement Agency of the payment of the redemption on the property register. The surveyor shall transmit the information from the end of the redemption to the issuing authority and the redemption referred to in Article 3 (2) in the form of an evidence of evidence to the owner or holder concerned. The notification to the registration authority is provided for in Article 79 (1). (13.12.2012)
After the redemption has expired, the legal effects of the redemption referred to in Article 3 shall be deemed to have entered into force and, if the redemption is acquired, the property shall be free of all rights, except those of which 22 In accordance with Article 2 (1), the redemption decision has been retained. The property acquired for the general purpose is also as long as it is used for such purposes free from general and municipal taxes and burdens.
In the absence of ownership rights, rights change only in the manner indicated in the redemption decision.
The rights acquired and the restrictions that have been enforced are valid without prejudice to any other right to property.
The claim based on redemption shall not be criticised and the assets acquired cannot be redeemed when the assets are released.
Paragraph 3 has been repealed by L 20.6.1996/476 .
The applicant may take over the assets to be redeemed after the redemption decision has been declared and the applicant has paid the lump sum and the security provided for in Article 45 (2).
Where, owing to the seizure of the person concerned, the loss of his/her dwellings or his/her livelihood is due to the deterioration of the occupation or occupation, the redemption committee may, in addition to the provisions of paragraph 1, order the person concerned to prescribe, That the take-over shall not take place at the earliest after a period of up to three months determined by the Commission once the compensation has been paid.
Where urgent or other important reasons are required, the applicant may obtain the right to take possession of the assets to be redeemed before the date referred to in Article 57 (1).
The prior authorisation of the authorisation shall be granted upon application by the issuing authority.
The prior authorisation shall apply mutatis mutandis to the extent to which this law provides for a redemption permit.
In cases where a redemption authorisation is not required, the question of the right to advance payment shall be determined by the decision of the applicant by a different decision at the request of the applicant. (30.12.1982/1110)
Before the property is taken over, a take-over review shall be held.
The Halture Review shall include:
(1) establish and demonstrate the property to be taken over on the basis of the take-over authorisation;
(2) draw up an account of the assets to be removed from the takeover and takeover; and
(3) impose ex ante compensation in accordance with Article 61 (1) and (2), at the request of the party concerned.
An advance payment shall be made to an interested party with a penalty pursuant to Article 57 (2), in accordance with the criteria laid down in this Act.
The parties other than those referred to in paragraph 1 shall be subject to advance payment of three-quarters of the estimated amount of the future redemption allowance.
The interest rate and the compensation for the injury and injury shall be laid down in Article 95.
The advance payment shall be made within three months of the date on which the takeover review is declared closed.
If the advance payment is not made within the period referred to in paragraph 1, the licence fee shall be cancelled.
The applicant shall have the right to take possession of property after the takeover review has been declared closed and the relevant pre-compensation has been paid. In the event of a seizure of a consequence as referred to in Article 57 (2), it is necessary to comply with the provisions laid down in the preceding paragraph.
In addition to the provisions laid down in this Chapter, in the event of an advance payment, the provisions of this Act shall, where applicable, comply with the provisions of this Act concerning redemption and the payment of compensation, without prejudice to It is not necessary to fix the contract and to provide for the compensation to be deposited if the settlement of questions relating to the safeguarding of the right of creditors referred to in Article 49 (2) would prevent the taking of the take-over review.
The question of prior authorisation must be dealt with as a matter of urgency.
What is provided for in this Chapter shall be complied with accordingly, where the restriction referred to in Article 3 (2) needs to be brought into force before the end of the redemption.
The restriction shall enter into force at the time of the redemption commission, not earlier than the date specified in Article 63. The supply engineer shall issue a restriction before its entry into force, in the form of a special service, information to the owner and holder concerned.
The right to vote shall be lost and the restriction referred to in Article 65 shall cease if the redemption is lifted.
Subject to the provisions of this Act, the creditor and any other rightholder shall have the same right as he was entitled to the property which was the subject of the law.
Where the compensation has been deposited pursuant to Article 49, the regional administrative office shall provide the information in the Official Journal in the form of a general notification, as well as to each of the rightholders concerned, whose address is known, As a special service.
If the rightholder wishes to exercise his right, he shall make his claim for compensation within three months after receiving the information and at the same time provide the necessary explanation of his/her right. The compensation referred to in the claim shall be apported in accordance with, where applicable, the exit point: (19/07/2007) Provides for the sale of movable immovable property and the holding and distribution of the assets acquired therein. If the allocation of funds has not been required within the prescribed period, the Office shall without delay carry them out to the recipient.
Where the advance payment has been ordered to be deposited within the meaning of Article 64 in order to ensure that the take-over review is carried out, the Office shall, before taking the measures provided for in paragraphs 1 and 2, take over For the owner of the property, an opportunity to advance the advance. The owner shall have the right to withdraw compensation if he demonstrates that his payment is not an infringement of the rights of the creditors, taking into account the provisions of Article 49 (2).
If the rightholder, as referred to in Article 68, who has not been able to provide information in the form of a special service, shows that he has suffered a loss as a result of the fact that he has not been able to enforce his right to compensation, the loss must be replaced by a State From the funds, if required by the rightholder within one year after receipt of the information and no later than 10 years after the date of redemption.
Under Article 1 (1), State resources may be recovered from the State which has benefited from the reparation to the detriment of the right-holder.
Where the compensation has been deposited pursuant to Article 48 or Article 52 (2), the amount of the deposit facility shall apply mutatis mutandis. However, the beneficiary has the right to raise, under Article 52 (2), a part of the compensation, as a result of an appeal, of the amount of the compensation to be recovered and the repayment of the 6 % interest rate calculated from the date on which it was raised. Against collateral.
The claim for the payment of the additional compensation referred to in Article 45 shall be set out in the redemption decision within a period of not more than three years, including where the decision has received the force of the law or, in the case of a temporary redemption, the time limit Termination. The additional compensation referred to in Article 39 (2) shall be required before ten years have elapsed since the delivery of the redemption decision.
If the additional compensation is not agreed, it shall be laid down at the submission of the applicant's application, which shall comply with the provisions of the redemption delivery. A surveyor shall be issued by the surveyor. (13.12.2012)
Where the additional compensation has been paid or not paid, the security referred to in Article 45 (2) shall be repaid.
The owner, who has failed to fulfil its obligation to notify under Article 16 (2), is liable to compensate the holder of the special right to the damage suffered as a result of the fact that he has not been able to enforce the In the redemption delivery. However, the owner is obliged to replace only what he has benefited from, at the expense of the rightholder.
The applicant shall pay the part of the compensation not received by the rightholder, which the owner is not obliged to perform under paragraph 1.
The claim shall be made within 10 years of the end of the redemption. If the compensation is not agreed, the provisions of Article 71 (2) shall be complied with.
If the circumstances have changed after redemption, the acquisition of the specific right or restriction within the meaning of Article 3 (2) may be redeemed if the change can eliminate or reduce the Or if the change is important for the company for which the redemption has been carried out.
The modification referred to in paragraph 1 of the application may be made by the owner of the property or the applicant of the property subject to the restriction. If the parties agree to change and do not give rise to any damage to the public or private interests, the matter shall be settled in the order for which Article 71 (2) is in force. Otherwise, or where a specific right or restriction should be imposed on a property registry unit to which it is not pre-existing, the subject matter of an amendment shall apply, in respect of which the redemption permit and the basis thereof The redemption delivery is provided for.
Where the special court or restriction referred to in Article 3 (2) is deemed to have been deemed to have been deemed to be unnecessary for the purpose of the change in the circumstances, the owner and redemption of the property under the right or restriction shall be deemed to be unnecessary. The right to demand the abolition of the right or restriction.
If the termination takes place upon application by the owner, he shall be obliged to reimburse the benefits of the suspension, unless it is considered to be negligible. In the absence of an agreement between the parties on termination or compensation to be paid, the case shall be settled in the order in force, as provided for in Article 71 (2). The right shall cease and the limitation shall be lifted once the cessation has been recorded on the property register or on the basis of the declaration of termination that it is not necessary to subscribe.
On the basis of a contract concluded by the parties, a special right may be transferred if the transfer is made by a private body governed by public law or by a private law entity within the meaning of Article 4 (2) and the entity continues its business The operation for which the redemption has been implemented. The matter is settled by the Earth Measurement Institute. The transfer shall be entered in the real estate register.
Where it is necessary to use the redemption decision for a non-redeemable purpose for which a special right is granted on the basis of redemption, the Earth Measurement Service may, upon application, amend the application mentioned in the redemption decision if: The general need for it and the harm or damage caused by the change to the owners of the territory or to other special rights holders in the area is limited. Otherwise, the matter of conversion shall be subject to the redemption permit and the redemption operation to be carried out on the basis of that purpose.
Before taking a decision as referred to in paragraph 1, the surveyor shall have the opportunity to give an opinion on the application within the prescribed period. This consultation shall be governed by Articles 8 and 9. With regard to the decision as amended, the Land Measurement Service shall, without delay, provide information to the owners and rightholders of the area concerned, in addition to the applicant, in the order provided for in Article 9 (1). The decision shall be accompanied by a complaint.
Any interested party who considers that the modification of the right of use is adversely affected or injured shall notify the Measurement Agency of its claim for compensation within six months of the date of notification of the decision or, where there is a change in the redemption decision, Lodged, within the specified time limit, including the validity of the decision. If the parties do not agree to the compensation within a reasonable period set by the Geographical Measurement Service, the case shall be settled in the order in force, as provided for in Article 71 (2). The notification referred to in paragraph 2 shall include information on the possibility of submitting a claim.
The amendment to the redemption decision and the delivery referred to in paragraph 3 shall be accompanied by the necessary entries in the property register.
The applicant may waive all or part of the redemption before he has obtained the right to redeem the assets to be redeemed in writing to the issuing authority, or, if the redemption delivery is pending, 19 In accordance with the provisions laid down in Article 3.
Once the applicant has waived the redemption or the redemption permit has been revoked or the contract referred to in Article 40 (3) has been concluded, the redemption shall lapse. At the request of the applicant, however, the property or territory may, in spite of the redeemability of the redemption, constitute a claim for redemption in the register for the purpose of subscription, provided that it is not encumed by any mortgage or lien And that this can be done without jeopardising the clarity of the real estate registration system. (30.12.1982/1110)
If the applicant fails to fulfil its obligations under Article 52 (1), the non-compliance shall be deemed to be waived.
If the time allocated to the waiver under Article 73 (1) is exhausted, the owner of the assets to be redeemed shall have the right, within three months of the end of the period of time, to require the execution of the execution by not carrying out the execution. The compensation shall be paid out in the order in which the enforcement of the claim based on a legal judgment has been laid down.
Article 95 (1) shall be governed by Article 95 (1).
The applicant shall, in the absence of an agreement within the meaning of Article 40 (3), compensate for the damage and harm caused to the owner of the property which was the subject of the redemption procedure.
Subject to the compensation referred to in paragraph 1, it shall be required at the final meeting of the redemption supply due to lapse. Where delivery is not pending at the moment of expiry, the provisions of Article 71 (2) shall be complied with. The application must be submitted within one year of lapsing.
That part of the redemption allowance, which does not go to the payment of the compensation referred to in paragraph 1 and shall not be limited in amount, shall be returned to the applicant.
The claimant may be exchanged in the event of redemption if the previous applicant agrees to the exchange and the new applicant presents a reliable statement that the assets to be redeemed will be used for the purpose for which the redemption permit Has been applied for or the licence has been issued.
The case referred to in paragraph 1 shall be settled by the issuing authority where an application is made prior to the settlement of the redemption permit. Where an application is made in the event of a redemption delivery, the redemption committee shall decide on the matter by decision of the redemption service. An application made after the termination of the redemption delivery shall be completed by the Land Measurement Service. (13.12.2012)
When considering the reasons for this, the provisions of Articles 8 and 9 shall be complied with before the authorisation is granted.
Where a redemption permit or, when it is not required, the delivery order has been issued, the subject of redemption shall be notified to the registration authority which shall make the necessary entry in the borrowing and mortgage register. (247,2009/580)
The provisions laid down in paragraph 1 shall also apply where the object has been prescribed by way of derogation from the redemption permit or specified and the decision has acquired the force of law.
Where the entry referred to in Article 77 has been entered, the affixing fixed after that date shall be lodged only on the assets remaining at the end of the redemption, unless the mortgage is based on an application lodged before the mark has been lodged or The provisions on the lien on the purchase price.
Once the redemption is completed, the registration authority shall immediately record the termination of the redemption in the loan and mortgage register. (13.12.2012)
Where a declaration of apportionment of the Office of the Regional Administrative Office has arrived, the registration authority shall, in accordance with what is expressly provided for, take steps to make the resulting entries in the loan and mortgage register. (22.12.2009)
Where the execution of the redemption has lapsed, the certifying authority referred to in Article 73 (1) shall notify the registration authority, which shall enter into the register of the loan and the mortgage register, of lapsing. (247,2009/580)
If 10 years have elapsed since the entry for the redemption permit has been made and the extension has not been announced over time, the redemption may be deemed to have lapsed.
In the case of lapsing, the attachment referred to in Article 78 shall apply to the entire property to which the mortgage has been fixed.
The costs arising from the execution of the redemption and advance payment shall be borne by the applicant and shall be subject to the provisions of the property formation law and the (558/95) Provisions. However, the costs of making a separate delivery, as referred to in Article 71 and Article 75 (2) and Article 72 (3), must be made available to the applicant if the claim is manifestly unfounded. (12.4.1995/556)
The applicant shall pay the costs of the service referred to in Article 68 (1) relating to the deposited compensation. (30.12.1982/1110)
The necessary costs to be borne by the owner of the assets to be redeemed to have been incurred by the applicant in the repurchase or takeover review shall be borne by the applicant. When assessing the amount of costs, account shall be taken of the loss, travel costs and the nature and extent of the explanations required, as well as the need for the use of an agent.
As soon as progress can be made in the course of the proceedings, the redemption committee shall, when required, indicate which reports are to be considered necessary for the purposes of paragraph 1.
The owner of the assets to be transferred shall be granted in the form of legal aid, in the form of legal aid, as provided for in the Law on Legal Aid. (257/2002) Provides. Under the law of the Court of Justice, the tasks of the court are to be performed by the redemption committee. The cost of State resources shall be borne by the applicant to the extent referred to in paragraph 1. (5.4.2002/270)
The remuneration of the trustee and the reimbursement of costs shall be valid for the delivery of the property separately.
Before the execution of the redemption, an authorisation may be granted for the examination of the area intended to be redeemed. In the case of research, there must be no more interference in court proceedings than is necessary in order to achieve the outcome of the investigation, and the owner or the rightholder shall not be subjected to unnecessary interference. Where appropriate, the authorisation decision shall specify the measures to be taken and the limits to be followed in the performance of the work. (20.6.1989)
The survey shall be carried out by the surveyor. As regards the authorisation, the information concerned may be given to the parties in the form of a summary service within the meaning of Article 62 of the Administrative Code. However, if it is apparent that the use of a real estate is significantly impeded by the research work, the owner or the holder of such a property shall be informed of the application on the application as a normal service within the meaning of Article 59 of the Administrative Code. When the authorisation is granted, it shall be specified by which time the investigation must be carried out. If the object of the redemption is to be determined in the redemption delivery, the redemption committee shall have the right to carry out the necessary investigation according to the applicant's demonstration. (13.12.2012)
The applicant may be required to lodge a security for the damage and damage resulting from the investigation.
The grant of the exploration permit shall be given to the parties in accordance with the provisions of Article 84 (2). The paragraph shall also be forwarded to the person who requested it. The investigation shall, at least seven days before its initiation, be notified as normal service to the owners of immovable property and to the holders of the right of use, whose address is known, and to others as a general service under Article 9 (1). In the manner prescribed. (22/09/98)
The exploration permit shall be required when required.
The investigation shall be carried out in order to avoid unnecessary damage and injury.
The damage which has not been remedied by the end of the period of time for the investigation shall be replaced without delay.
If the compensation is not agreed, the claim shall be made in the redemption supply if the redemption has been ordered for execution and, in any other case, for the submission of the claim by the applicant or the applicant, in which: Comply with the provisions of the redemption delivery. The application shall be submitted within one year of the expiry of the period referred to in paragraph 2 and shall be issued by the measuring body. (13.12.2012)
A decision to grant an advance authorisation of a State Council or a surveyor of the Earth Measurement Agency shall not be subject to an appeal.
Subject to the provisions of this Act, the appeal against a decision to amend the licence, redemption or redemption decision referred to in Article 7d (1) shall not prevent the conduct of the investigation, the execution of redemption and the use of the territory In accordance with the amendment to the redemption decision, unless otherwise specified by the Appeals Authority.
An appeal against the decision taken at the redemption service may be appealed against in the order laid down by the law on land formation. (12.4.1995/556)
A decision shall be taken before the decision to terminate the supply shall be lodged separately only if the decision concerns the suspension of the delivery, or if the decision has been rejected as an obstacle reminder or request for the submission of a delivery. (22/09/98)
In the case of a redemption operation, there shall be no separate appeal for a change in line. (30.12.1982/1110)
The matter of appeal in the field of land law shall apply mutatis mutandis to the provisions of the property formation law. (12.4.1995/556)
The Municipality has the right to appeal against the decision of the redemption service if it considers that the decision is to be drawn up or carried out by the construction law, and the question is not to be considered as having been issued for the purposes of the redemption permit. A binding solution.
When an appeal is lodged, the right to a decision under this law shall apply mutatis mutandis to the extent to which the right to appeal is laid down in the law on property formation.
The decision taken in the holding review shall not be challenged by the choice of a change, unless the question is a rejection decision.
The decision to be taken by the measuring body under this law to carry out the delivery shall not be claimed by any appeal.
Article 94 has been repealed by L 1.11.1996/794 .
Any redemption allowance shall be remunerated at a rate of 6 % from the date on which the applicant has acquired the right to take over the territory redeemed. (30.12.1982/1110)
If the interest does not correspond to the damage and damage caused in the meantime, the redemption operation shall provide for compensation if the owner of the acquired assets so requires.
If the amount of the compensation fixed by the law is less than the amount of the advance or lump sum paid, the beneficiary shall reimburse any part of the amount unduly received, together with interest, of 6 % from the date of payment, unless the compensation In view of the low level of the amount paid in the decision, and taking into account the circumstances, no reimbursement shall be made.
The recovery of the repayable remuneration and interest shall be valid for the purpose of the enforcement of the claim based on the res judicata.
The provisions of this law on the implementation of a general need for redemption shall be respected where applicable, where the question is the (132/1999) , or the imposition of compensation on the basis of Article 33 (2) or Article 43 (1) of the Law, or in the case of harm and damage resulting from the obligation to redeem or redeem or land use restrictions The provisions on liability. (5.2.1999/142)
The case referred to in paragraph 1 shall be settled in the course of redemption. To carry out the delivery of the order, the Geographical Measurement Agency shall be issued by the Measurement Office or an application for reimbursement or reimbursement. (13.12.2012)
Paragraph 3 has been repealed by L 5.2.1999/142 .
The owner may waive the redemption pursuant to Article 97 (1) in the manner laid down in Article 73 (1) prior to the acquisition of the right to take custody.
In the event of non-compliance with the obligation of redemption or compensation, the owner shall have the right referred to in Article 74 (2).
Where the obligation to redeem or compensate immovable property is settled in accordance with this law, the provisions of Articles 81 and 82 concerning the obligations of the applicant for redemption or reimbursement shall apply even if: In the supply, the obligation to claim redemption or compensation. However, the costs must be made partly or fully paid by the claimant or the claimant, if the claim has been made without undue delay. If the owner gives up the redemption, he shall reimburse the costs incurred for the redemption. (22/09/98)
Where the right of the applicant for redemption has been transferred to another person on the basis of the transfer of assets or the transfer referred to in Article 72 (c), this shall apply to the extent to which the claim for redemption is provided for in this Act. The claimant and the person to whom his rights have been transferred shall be jointly and severally liable for the obligations of the third party under this law. However, the recipient of the transfer is solely responsible for the obligation arising after the transfer of the right is registered in the loan and mortgage register or in the real estate register.
What is laid down in this law for the lodging of a security does not apply to the State, the municipality or the union of municipalities.
The police are obliged to provide assistance in order to carry out the deliveries and takeovers provided for in this Act.
The right of a surveyor to obtain information from a State or other public authority authority for the purpose of carrying out the supplies provided for in this Act shall be governed by the provisions of Article 287 (3) of the Realty Act. (13.12.2012)
For reasons of fairness, the interested party, referred to in Article 57 (2), may, for reasons of fairness, grant a loan or interest rate of interest in the revenue and expenditure statement of the State in respect of the acquisition of a new housing or profession Or for the purpose of replacement. The Council of State is entitled to lay down further provisions.
This Act shall enter into force on 1 January 1978 and shall repeal the law of 14 July 1898 on the expropriation of immovable property (expropriation law) The Decree of 30 May 1896 of 30 May 1896 with regard to the contraction of property and pleasure in the property in the Fortress esplanate, the Law of 7 August 1942 on the expropriation of the peat bog (161/42) Articles 4, 6, 7, 10, 11, 12-15 and Article 5 (1) and (2), Articles 4, 11, 12a and 13, and Article 5 (1) and (2), as set out in the Law of 30 June 1947, (541/47) .
Redemption from the date of entry into force of this Act, before the date of entry into force of this Act, before the date of entry into force of this Act, for the redemption of which has been applied in the manner laid down in Article 18 of the expropriation Act, and As well as the rights and obligations arising from the redemption of the laws and regulations referred to in Article 103, the provisions in force in the past shall apply.
If, before the entry into force of this Act, the right to redemption, the execution of which is carried out pursuant to this Act, the execution shall comply with the redemption provided for in Article 5 (2).
If, before the entry into force of this Act, the right to take over the territory to be redeemed has been obtained in accordance with the rules laid down in this Act, the application shall be sought without delay and at the latest by After the entry into force of this Act, at the risk of loss of holding. The implementation shall respect the provisions of the redemption referred to in Article 5 (2).
Paragraph 31 (2) does not apply to the increase in value which has taken place before the entry into force of this Act.
Since the law or regulation has referred to a law which has instead become a provision of this law, this must instead be applied.
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
Before the entry into force of this Act, measures may be taken to implement the law.
This Act shall enter into force on 1 February 1983.
This law shall also apply at the time of entry into force of the law before the date of entry into force of the law before the end of the law. In addition, Article 53 (2) applies to redemption deliveries where the final meeting has been held before the law enters into force, but the number of registration marks has not yet been made.
Before the entry into force of this Act, an appeal is brought against a decision of a court or judge in force in accordance with the law previously in force.
HE 19/82, l-tvs. 17/82, svk.M. 186/82
This Act shall enter into force on 1 September 1993.
What is laid down in this Act concerning the property register and the holder of the property register shall apply mutatis mutandis to the land register and the plot book, and to the map and information services office and the holder of the property book.
Any redemption deliveries killed prior to the entry into force of the law shall be subject to earlier provisions.
THEY 47/93 , MmVM 9/93
This Act shall enter into force on 1 September 1994.
The application of the law is in force, as regards the (468/94) Article 27 Provides.
THEY 319/93 , YmVM 4/94
This Act shall enter into force on 1 September 1996.
The provisions in force on the date of entry into force of this Act shall apply to the request for redemption and any other application made before the entry into force of this Act. The same applies to a dispute brought before the Court before the entry into force of this Act.
THEY 33/96 , MmVM 5/96, EV 54/96
This Act shall enter into force on 1 December 1996. Transitional provisions are explicitly provided for. (See L 818/1996)
92/1996 , LaVM 10/1996, EV 123/1996
This Act shall enter into force on 1 January 1997.
THEY 79/1996 , YmVM 8/1996 EV 214/1996
This Act shall enter into force on 1 January 2000.
THEY 101/1998 , YmVM 6/1998, EV 248/1998
This Act shall enter into force on 1 January 2000.
THEY 110/1998 , MmVM 16/1998, EV 253/1998
This Act shall enter into force on 1 January 2000.
THEY 121/1999 MmVM 7/1999, EV 83/1999
This Act shall enter into force on 1 February 2002.
THEY 87/2001 MmVM 10/2001, EV 162/2001
This Act shall enter into force on 1 June 2002.
THEY 82/2001 LaVM 22/2001, EV 182/2001
This Act shall enter into force on 1 January 2004.
THEY 79/2003 , HaVM 6/2003, EV 61/2003
This Act shall enter into force on 1 January 2008.
THEY 222/2006 , LiVM 30/2006, EV 242/2006
The entry into force of this Act shall be regulated by law.
THEY 30/2009 , MmVM 5/2009, EV 89/2009
This Act shall enter into force on 1 January 2010.
Before the law enters into force, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 October 2011.
THEY 265/2009 , MmVM 28/2010, EV 307/2010
This Act shall enter into force on 1 January 2014.
THEY 68/2013 , MmVM 7/2013, EV 102/2013
This Act shall enter into force on 1 September 2014.
THEY 75/2014 , TaVM 11/2014, EV 77/2014, Regulation (EU) No 347/2013 of the European Parliament and of the Council (32013R0347); OJ L 115, 25.4.2013, p. 39
