Amendments To The Needs Of Society In Need Of Disposal Of Immovable Property Law

Original Language Title: Grozījumi Sabiedrības vajadzībām nepieciešamā nekustamā īpašuma atsavināšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/81.3


The Saeima has adopted and the President promulgated the following laws: the needs of society in need of disposal of immovable property law society needs to do the required real property transfer Act (Latvian journal 174 no, 2010) the following amendments: 1. Replace the entire law, the words "newspaper" journal "(the fold) with the words" official journal "Latvijas" (the fold). 2. Add to chapter I, with the following wording for article 7.1: "7.1 article. Disposal of real estate company, is also the interests of the person on the right for real estate mortgage law has been strengthened. Real property disposal public needs not in itself constitute a basis to claim the early running, secured by the real estate, or to consider that these obligations are violated. " 3. Replace article 9, first paragraph, the word "three" with the word "four". 4. in article 11: to supplement the first sentence with the following: "the statement sent to the property owner, in addition to the points of the institution remuneration and the remuneration proposed compensation."; to turn off the second sentence of the second subparagraph; Add to article 2.1 part as follows: "(21) Of the first paragraph of this article and the content of the notification authority shall also inform the person about good for real estate mortgage law has been strengthened. If a person's place of residence is unknown, the notice shall be published in the Official Gazette "Latvijas journal". "; to supplement the article with the fourth, fifth, sixth and seventh paragraph as follows: "(4) the owner of the property and the person on the right for real estate mortgage law has been strengthened, can agree on remuneration set by the institution. If there are several persons in favor of the pledge law is strengthened in relation to real property, and the property owner wants to agree on the distribution of remuneration determined by the institution, he must agree with all the people. (5) in the fourth paragraph of this article, in that case the person about good for real estate mortgage law has been strengthened, the amount consumed in pre-term cancellation without altering the obligations of the implementing rules, unless the parties agree otherwise. (6) If the owner of the property and the person on the right for real estate mortgage law has been strengthened, have agreed on the distribution of remuneration established by the institution, they are up to in the third subparagraph shall submit to the institution of the contract notice on certain institutions reward distribution. The notice specifies the amount of the fixed remuneration payable to the institution of the real property owner and the person on the right for real estate mortgage law has been strengthened, indicating the bank account to which the amount payable. (7) the authenticity of the signature on the statement of remuneration fixed by the distribution institution attesting notary or sworn statement in electronic form shall be drawn up and signed with a secure electronic signature. "
5. in article 12: (2) off; to supplement the article with the second and third subparagraphs by the following: "(2) if the real estate mortgage law has been strengthened and the institution of the Declaration for the consideration of a particular institution, the contract on real estate disposals provided for voluntary compensation compensation procedures according to the statement. (3) if the real estate mortgage law has been strengthened and up to the date of conclusion of the contract on real estate disposals the voluntary, is not notified of the institutions determine the distribution, authorities determined the remuneration cost of this law shall be carried out in accordance with the procedure laid down in article 29.2. "; believe the current text of the first part of the article.
6. To supplement the law with article 12.1, as follows: "article 12.1. Strengthening the land property rights to immovable property that is forfeited on the basis of the Treaty, the mortgage law and the related tag to delete the ban without the consent of the person to whom the right in respect of real estate mortgage law has been strengthened. "
7. Supplement article 13 with the following sentence: "these actions are the national regulatory authority or the municipality shall also be carried out where real estate is embarrassed by the land register recorded the rental right and this obligation is not commensurate with the needs of the public." 8. Express article 15 the following: ' article 15. Property rights to immovable property that is forfeited on the basis of the law on a particular real property disposal, pass the State or municipality, and this right can strengthen in the land after the entry into force of the Act on certain real estate and the institution paid remuneration — ieskaitījus the owner of the immovable property to the specified bank account or deposited by the sworn bailiff's deposit account or her bank account in article 33 of this law. " 9. Express article 16 the first subparagraph by the following: "(1) strengthening the land property rights to immovable property that is forfeited on the basis of the law on a particular property, the forfeiture of real estate across the State or municipal property free of all the burdens and burdens that real estate property was imposed obligations (including deleting all this real estate recorded debt obligations, mortgage rights, claims security marks , the insolvency process guide marks, prohibitions, hassle, adopted as a condition for acquiring the property, as well as to lease, rent, food and inheritance contracts rights) and for which the institution has just announced that it will take the hassle and burden in question. "
10. Express article 17, the first paragraph by the following: "(1) the real estate released former owner real estate agreement on voluntary disposal of this property within the time limit, if the institution has fulfilled its obligations under this agreement, or within 20 days from the date on which it paid remuneration and provided the real estate equivalent of the former owner of a residential premises in accordance with article 28 of this law."
11. Express article 18 the first paragraph by the following: "(1) to inform real estate the owner of the property or any part of the disposition of the need for the provision of public needs and determine the remuneration, the institution shall send a notice of that property or any part of it, the need to transfer (hereinafter the notice) the property owner and the person on the right for real estate mortgage law has been strengthened, or, if they do not know, publish a notice in the Official Gazette of the "journal", and if the House be forfeit statement at the movable, deployed in residential home. " 12. Supplement article 19 with the second part as follows: "(2) If, during a design work in accordance with this law, article 8, paragraph 2, second subparagraph, the authorities changed the operations of real estate value, then assessing real estate, take into account the information that featured this property on the day when this law was sent to the notification referred to in article 18. '; believe the current text of the first part of the article. 13. in article 22: turn off in the first paragraph, the words "or residual value of replacement, choosing from those higher value"; make the second paragraph as follows: "(2) property market value, with the exception of this law, article 19 of the cases referred to in the second subparagraph, shall be determined in accordance with the requirements of the laws and relaunching the property to use it on the day of the survey pursuant to this law, the second part of article 23, paragraph 5.; turn off third.
14. in article 26: adding to paragraph 3 with the words "except where the real estate mortgage law has been strengthened"; to supplement the article with the second part as follows: "(2) if the real estate mortgage law has been strengthened, the first part of this article, 1. and 2. in the cases referred to in paragraph 1 requires the consent of the person to whom the good for real estate secured mortgage law. If consent is not received, the institution remuneration paid non-cash settlement. The first part of this article, paragraph 2 in the case referred to in the notice also required institutions determine the distribution of remuneration. "; believe the current text of the first part of the article.
15. Article 27: make the first paragraph by the following: "(1) the institution of the amount of the real property owner can challenge the court order requirements after accepted article 9 of this law, the decision referred to in the first subparagraph, no later than 20 days from the date of entry into force of the Act on certain real estate disposal."; make the third paragraph as follows: "(3) in determining the remuneration, the Court shall take into account the condition of the property on the day of the survey, with the exception of article 19 of this law the case referred to in the second subparagraph. The Court shall set the remuneration for that day when the remuneration established by the institution. "
16. Add to article 28 of the second subparagraph, the first sentence with the words "or until the reward is deposited in the sworn bailiff's account".
17. Article 29 of the expression by the following: ' article 29. (1) the body shall promptly, but not later than 20 days after the conclusion of the contract on real estate disposals the voluntary or the entry into force of the Act on certain real property, cost of disposal. (2) If, in the course of the land for real estate are recorded to ban mark on the seizure of property, the consideration paid by the institution of the proceedings with the process. "
18. To supplement the law with 29.1, 29.2 and 29.3 article as follows: "article 29.1. (1) where a between the property owner and the institution of the contract on real estate disposals, the institution of voluntary paid remuneration in accordance with the procedure laid down in the Treaty for consideration of compensation when the real estate mortgage law has been strengthened and the conclusion of the contract on real estate disposals the voluntary statement of remuneration established by the institution. (2) If the property is disposed of on the basis of the law on the real property in question, and to the disposal of real estate has not secured the pledge law, institution remuneration including the owner of the immovable property to the specified bank account or deposited into a bank account in accordance with article 33 of this law. Article 29.2. (1) if the real estate mortgage law has been strengthened and the conclusion of the contract on real estate disposals the voluntary is not notified of the institutions determine the distribution or real estate, seized on the basis of the law on the real property in question, the institution disposal certain rewards cost out in accordance with the procedure laid down in this article. (2) the remuneration fixed by the institutions that make up the real estate market value, the institution shall pay the deposit to the sworn bailiff's account for three years, and notify the property owner and the former person about good for real estate mortgage rights was secured. In certain parts of the payment of the remuneration, depositing it in a sworn bailiff's account, the institution shall submit to the jury bailiff application for reimbursement of the sworn bailiff's deposit account and real estate in the land. The application shall specify the information about the owner of the immovable property and person of good for real estate mortgage law has been strengthened, the deposited amount of remuneration and the property owner's designated bank account and the bank account of the institution. (3) the remuneration fixed by the Authority part of the compensation for damages that the owner of the property suffered in connection with the disposal of real property and if the property is disposed of, with part of the forfeited property, the institution shall pay the estate's former owner to the specified bank account or deposited into a bank account in accordance with article 33 of this law. (4) the cost of the deposit account prior to that referred to in the second paragraph of article term sworn bailiff carries out enforcement on the basis of document and noting that the deposited remuneration shall be distributed in the same order that's defined in the law of civil procedure with a mortgage difficult real estate for sale in distribution of that money, or based on the statement of remuneration established by the institution. The cost, based on the statement of remuneration established by the institution, only the amount that the persons referred to in the notice are due by Once the cover they claim that compared to this person claims is a priority. (5) if the real estate property of the former owner shall arrest, sworn bailiff's deposit account in the process of consideration transferred driver for action in accordance with the provisions of the law of criminal procedure. (6) the sworn bailiff account deposited remuneration shall pass to the insolvency practitioner for action in accordance with the provisions of the law of insolvency, if the property's former owner declared bankruptcy. Pledge rights deletion in the cases specified in this law in itself does not affect the person about good for real estate mortgage rights was secured as the rights of the secured creditor in the insolvency proceedings, subject to the insolvency law of the rights enshrined in article 6 of the conservation principle. (7) at the second part of this article in the last year of this period, the sworn bailiff real estate's former owner and the person on the right for real estate mortgage rights was secured, dispatched to the declared place of residence or registered office in the invitation to negotiate the distribution of remuneration, and to submit the statement of remuneration established by the institution and inform about this article in the eighth and the consequences referred to in article 3. (8) if the sworn bailiff's deposit account is not paid remuneration in the cases provided for in this Act prior to that referred to in the second subparagraph of article term ends, sworn bailiff deposited remuneration or the remaining part of the cost of the former property owner to the institution's application for reimbursement of the sworn bailiff's deposit account specified in the account. If the property owner by former account is unknown, including back to the institution, in accordance with article 33 of this law. Article 29.3. Starting with 29.2 of the Act referred to in the second subparagraph of article deadline last year to a person about good for real estate mortgage was secured, the law does not apply to this law, the restrictions referred to in article 7.1. " 19. off 30, 31 and 32, article. 20. To supplement the law with article 38 as follows: "article 38. This law referred to in article 34 of the right itself may not be the basis for determining compensation of the cost of the institution of the sworn bailiff's deposit account. " 21. transitional provisions be supplemented with paragraph 5 by the following: "5. If this law referred to in article 9 of the Cabinet or local government decision is taken until 2016 may 3, then the following real property disposal public needs the disposal procedures were in force until 31 May 2016, except in the following cases: 1 if between the institution and not) property owners have not yet concluded a contract of property disposal of voluntary then in relation to the contract for the disposal of immovable property and the cost of compensation arrangements apply this law 7.1 article, article 11 of the fourth, fifth, sixth and seventh paragraph, 12, 29, 12 l, 29.1 29.2 29.3, and article versions, which is effective from June 1, 2016; 2 the law on specific) if real property expropriation shall enter into force 1 June 2016, the cost of the consideration made by the institution in accordance with this law, in article 29.1, 29.2 and 29.3. If the law of a particular real estate transfer decision-making body agreed with the property owner for the voluntary transfer of immovable property, in relation to the contract for the disposal of immovable property and the cost of compensation arrangements apply this law 7.1 article, article 11 of the fourth, fifth, sixth and seventh paragraph, 12, 29, 12 l, 29.1 29.2 29.3, and article versions, which is effective from June 1, 2016. "
The law takes effect June 1, 2016. The Parliament adopted the law in 2016 on 14 April. The President r. vējonis 2016 in Riga on April 27.