Amendment Of Public Persons, Seizure Law

Original Language Title: Grozījumi Publiskas personas mantas atsavināšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233717

The Saeima has adopted and the President promulgated the following laws: the public person's seizure law to make public a person's seizure law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2004, nr. 2; 2005, 2006 15 No; 1., 14., no., 9, 14; 2007. no; 2008, no. 24, 2009, No 14; Latvian journal, 2009, 100, 155., 193. no; 2010, nr. 178.) the following amendments: 1. in article 2: turn off the second part of paragraph 3;
to make the third part of the second sentence as follows: "the State joint stock company" Latvian State forests ", the national forest service, the environmental protection administration and the national education authority, which shall implement vocational training programmes in forestry education program group, with user rights (civil code 1195. — 1200) acquires and on the highest possible price, given the important public interests and fair competition, forfeit national forest output.";
to complement the fourth paragraph by the words "expropriation" by the words "with the exception of the disposal of war";
supplemented with the sentence of the fourth subparagraph by the following: "a decision on the disposal of war takes Cabinet."
2. in article 4: replace paragraph 3 of part IV, the words "the land that piegul this intermediate ground" with the words "the land on which the building is located (built), and the land that piegul this intermediate ground";
Replace paragraph 7 of part IV, the words "State or local governments" with the words "public person".
3. Add to article 9.1 of the third sentence after the words "real estate" with the word "document".
4. in article 11: replace the first paragraph, the words "and at least one of the municipal territory, the newspaper with the words" and the number "institutions that organise the disposal of immovable property (article 9), homepage on the internet on the territory of the municipality and the local newspaper, if any;
replace the second paragraph, first sentence, the word "published" with the words "be published and the number of institutions that organise the disposal of immovable property (article 9), the internet and the website".
5. in article 14: Add to the third paragraph after the words "with the exception of this law" with the words "the number 44 in the fourth paragraph of article and";
adding to the fourth subparagraph, the first sentence after the words "shall be held the auction" with the words "and (with the exception of article 44 of this law in the fourth and eighth this case)".
6. in article 16: make the first part of the first sentence the following wording: "the auction before the auction participants lodged from 10 percent to be auctioned goods prices conditional (article 8), but in the case of repeated auction of auction starting price.";
make the second paragraph as follows: "(2) a legal person, as well as a partnership submit a real estate auction Organizer confirm existing statute (contract) or a copy of the statement of the administrative institutions (officials) competence volumes and relevant institutions in the decision on the purchase of real estate. If the institution which organizes the divestment in public databases, can not get the information about the relevant legal person or a partnership, it is entitled to require in addition of the legal persons or partnerships national registry authorities for the relevant legal person or a partnership (the certificate is valid if it is issued not earlier than six weeks from the date of the auction). ";
to supplement the first sentence of the third paragraph after the words "legal person" with the words "as well as a partnership."
7. Article 30: make the first paragraph by the following: "(1) the highest amount offered to pay for nosolīt real estate two weeks but on the movable property — during the week of the auction day, the auction if rules do not provide otherwise. The security lodged (article 16) the amount is credited to the purchase price. ';
Add to article 1.1 part as follows: "(11) by selling public people in real estate, two weeks for nosolīt real estate must be paid in advance in the amount of 10 percent of the offered amount, if higher auction rules do not provide for another term. The security lodged (article 16) the amount is credited in advance. "
8. Add to article 31 of the fourth subparagraph by the following: "(4) if the person is sold to public real estate, a buyer who promised the next highest bid and announced the auction Organizer for real estate purchases on the same nosolīt the highest price in two weeks on nosolīt real estate must be paid in advance in the amount of 10 percent of his proposed higher amounts if the auction rules do not provide for another term. The security lodged (article 16) the amount is credited in advance. "
9. Article 33 of the fourth part: make the second sentence as follows: "If the secret price is higher than the offer price, notify this fact to the present."
Add to part with the sentence the following wording: "the secret of the present, not the price."
10. Express article 34 the second part as follows: "(2) the institution that organizes the seizure (article 9), auction results confirm no later than 30 days after this law, article 30 of the payments provided for in the settlement."
11. Express article 36, third subparagraph, second and third sentence the following wording: "On deferred payment, the buyer pays six percent annually from late fees not paid part of the purchase and sales contract payment delays, arrears interest of about 0.1 of delayed payment amount for each day of delay. These conditions included in the purchase agreement. "
12. Article 37: make the second paragraph as follows: "(2) the notice of public sale of personal property of published institutions that organise the disposal of immovable property (article 9), homepage on the internet on the territory of the municipality and the local newspaper, if applicable.";
adding to the third paragraph with the words "between the parties".
13. in article 23.7: replace the first paragraph, first sentence, the words "equivalent to the others" with the words "such other public persons are chattels or equivalent individuals";
to turn off the second sentence of the first subparagraph, the words "against another person's equivalent to the movable";
turn in the second paragraph, the word "equivalent";
replace the third paragraph, the words "and this difference covers the money" with the words "except where the movable change among public persons";
adding to the third paragraph with the sentence the following wording: "the movable Change the relative price difference is money.";
turn off the fourth part of the second sentence, the word "equivalent".
14. Article 42: make the first part of the second sentence as follows: "Cabinet of Ministers decision on State property transfer without consideration of public persons derived property determines what kind of person the public derivative function or delegated the task of managing real estate is passed."
to supplement the first sentence with the following: "If the transferred real property no longer used in the Cabinet decision on State property transfer without consideration of personal property public derived contains the function or delegated administrative task, derived public person that property be transferred free of charge to the State.";
make the second paragraph, the second sentence by the following: "public persons Derived authority decision on the child's person public real estate transfer free of charge to define what public administration functions, derived public person or function delegated the task of managing real estate is passed."
Add to the second part of the sentence the following wording: "If the transferred real property no longer used derived public persons in authority in the decision of the public person derived property transfer without consideration the specified government functions, derived public person or function delegated the task of Government, national or derived public person that property be transferred free of charge to the public person it derived that this estate transferred.";
to supplement the article with 2.1 and 2.2 the part as follows: "(21) If public administration function is passed to the derived public person, it is the responsibility of the country by the time of the transfer function are derived in a public person's property without consideration transfer function used, of real estate, except when the Office building of the public person derived requires it. If the passed in real property no longer used the feature, derived public person owned his own real estate without consideration returned to the State, if the State so requests.

(22) If the derived function of public people are transferred to the State or other derived public person, derived public persons are obliged to transfer function while the State or the derived property of a public person free of charge transfer function used, of real estate, except for the Office building, where the State or a public person derived requires it. If the passed in real property no longer used the feature, derived public person owned his own real estate without consideration to the second derivative of the public returned to the person if the other person to the public the derivative requires it. "
15. Article 44: adding to a fifth in the second and third sentence as follows: "Cabinet of Ministers determines the order in which you want the built-up land rent. Determining the land rent free, on the basis of the cadastral value of the land. ";
Supplement to the eighth article as follows: "(8) intermediate land for which it is not possible to provide a connection to the shared Street (road), in accordance with the procedure laid down in this Act may be seized: 1) the land owner or all co-owners of the Earth piegul the intermediate land;
2 in the land recorded in the building) (construction) owner or all co-owners, if they want to buy a piece of land on which the well is located in a building belonging to him (construction), and the Earth piegul the intermediate land. "
16. Supplement article 44.1 with fifth and sixth the following: "(5) the selling of public persons in the built land, unpaid period may not be longer than five years. For deferred payment, the buyer pays six percent annually from late fees not paid part of the purchase and sales contract payment delays, arrears interest of about 0.1 of delayed payment amount for each day of delay. These conditions included in the purchase agreement. The institution that organizes public people's alienation of immovable property, the buyer may be granted the right to strengthen land acquired the property in her name, if he secured land at the mortgage right in favor of the seizure.
(6) If the owner of the building (construction) in the fifth subparagraph, shall purchase contract period disposes of the building (construction), with its new owner is closed this unpaid purchase agreement for the novation contract. If the unpaid purchase novation of the contract shall not be concluded, in the event of such termination, the consequences of the accession treaty in the event of the seller uses the right to unilaterally withdraw from the Treaty. If the contract does not specify penalties, then the buyer pays the penalty in advance of secured. After this article is referred to in this article, the penalty in the fifth subparagraph, duly calculated charges for deferred payment up to the date of expiry of the contract, interest for late payment of the purchase contract payment delays and penalties for other violations of the provisions of the Treaty, if any, deducted in the agreement for the balance of the land buyer paid part of the purchase price the seller transferred to buyer's specified account not later than three months from the termination of the contract. "
17. the express article 45 the fifth part of the introductory paragraph as follows: "(5) If the tenant or his family members a month from the date of receipt of the offer does not notify you of pre-emptive rights, viendzīvokļ House or apartment property forfeited in the following order:".
18. Chapter V by adding to article 46.1 of the following: "article 46.1. (1) termination of joint ownership in the apartment house, which is a public person and any other person in the joint property, going through the auction, on the basis of an order of the Cabinet of Ministers or relevant public person derived authority decision.
(2) joint ownership of State-owned shares likely auction organised by the national joint stock company "national real estate". Derived public person-owned joint ownership part of the expected auction organizes public people of authority derived a certain institution.
(3) joint ownership in the event of such termination, the pre-emptive right to joint ownership of supposedly are: 1) the co-owners;
2), the land holding land on which is located in the apartment house where this part of the person referred to in paragraph 1 is not implemented their pre-emptive rights.
(4) referred to in the third subparagraph, if they enroll in a month's time from the date of publication of a notice of auction, acquiring pre-emptive rights.
(5) after the third unsuccessful auction State joint stock company "national real estate" or "derived public persons in authority can develop joint projects for distribution of apartment properties or real parts. Shared ownership-sharing project is sent for review, and the co-owners of the newspaper "journal" is published in the announcement about the joint ownership of the project.
(6) If the identity of the shared ownership of the project agrees and is contracted for the distribution of housing joint ownership or real estate, the person related to the public housing estate disposes of this law.
(7) If the identity of the shared ownership of the project does not accept or does not provide a response within two months from the date of the announcement published in the newspaper "journal", State joint stock company "national real estate" or "derived public persons in authority who has offered shared ownership distribution project, may propose to the reassessment and organize again for a public person-owned joint parts believed the auction."
19. transitional provisions: Add to paragraph 11 and 12, after the words "shall not be lower than the" with the words "the lower of the following values: the cadastral value of the land or";
transitional provisions be supplemented by paragraph 13 and 14 by the following: ' 13. During the period from august 1, 2011 to 2012 December 31 is for such payment arrangements: 1) payments by the real estate buyer for the real estate, disposal of the institution sponsoring the first including fees for the purchase of principal and interest charges for deferred payment (paid) proportionately for deletion;
2 purchase fee) principal and interest charges for deferred deletion does not free up the real estate buyers from unpaid sales contract duly calculated fines;
3) if the buyer of the immovable property does not perform unpaid purchase payments provided for in the contract, the principal and interest payments on outstanding debts, transfer to requesting institution premium unpaid purchase fine provided for in the contract;
4) after real estate purchase paid principal and interest payment on outstanding delete this future real estate buyers payments including unpaid sales contract in accordance with the procedure laid down in uzrēķināt of the fine deletion application of the procedure referred to in paragraph 3.
14. During the period from august 1, 2011 to 2012 December 31 sponsoring institutions after the forfeiture of the property, at the request of the purchaser can postpone the payment of real estate purchase agreement the purchase fee specified in the principal and interest payment on time, please contact a real estate buyer, but not more than one year, if the buyer submits a document issued by the competent authorities that have settled up statutory taxes as well as can prove their ability to pay. "
The law shall enter into force on 1 august 2011.
The Parliament adopted the law of July 8, 2011.
The President a. Smith in 2011 on July 28.