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

Original Language Title: Sabiedrības vajadzībām nepieciešamā nekustamā īpašuma atsavināšanas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/220517

Updated 11.11.2010., Latvian Journal No. 179 (4371) Saeima has adopted and the President promulgated the following laws: the needs of society in need of disposal of immovable property law chapter I General provisions article 1. The law aims at establishing a transparent, effective and fair procedures for the real estate community needs enforceable.
2. article. Real estate disposes of national defense, environmental protection, health or social security needs, the public need for cultural, educational and sports facilities, engineering structures and utilities or the construction of transport infrastructure development, as well as other public needs for, if this objective cannot be achieved by other means.
3. article. The disposal of immovable property for the purposes of the public proposes and the national regulatory authority or authorities responsible for the needs of society (hereinafter the institution).
4. article. Real property disposal community needs going through voluntary disposal of immovable property or forcing it to forfeit to the separate law.
5. article. Real property expropriation for public purposes be allowed in exceptional cases only and only against fair compensation on the basis of a separate law, subject to the conditions provided for in this Act.
6. article. (1) If a company needs require only a portion of the property and the remaining part of the area, low hassle, configuration or other circumstances not be used according to the local authorities in the planning, the institution proposes to all real property and disposes of all real property, if the property owner unless otherwise agreed.
(2) Disputes about the entire real estate disposal need Court of civil law.
7. article. Authority to pay the damages that the owner of the immovable property arising in the process of this expropriation, including losses incurred, if real property is disposed.
Chapter II the property alienation procedures article 8. (1) after the Cabinet or the municipality adopted the conceptual decision on public needs for the implementation of the project requires, the project initiated by the institution needed to implement a real estate and determine the compensation for the seized real estate. If the company will dispose of real estate only part, the institution of additional prepares graphical material, which marked the property movable parts.
(2) the first paragraph of this article of the decision body shall have the right without the property owner's consent: 1) to receive copies of the documents relating to the property and use;
2) to make the design preparation and design work. On the structure design of the initiation of the institution shall inform the owner of the immovable property when sending a notification.
9. article. (1) the Cabinet of Ministers or authorities within three months after adoption of the decision on the amount of remuneration, the decision to propose the public needs for required disposal of immovable property for a certain remuneration.
(2) If the first paragraph of this article a decision is not adopted within the prescribed period, the repeated determination of remuneration in chapter III of this law.
(3) After the first paragraph of this article a decision is not consumed in a pre-emptive and reverse repurchase right.
10. article. (1) article 9 of this law referred to in the first subparagraph, on the basis of the communication of the institution in the land records label on the ban and make it difficult to dispose of real estate with the case and the law of obligations without the consent of the institution.
(2) in accordance with the first paragraph of this article, the record you want to delete in the land mark on the body of the Foundation. If a State or local government ownership of the seized real property not strengthened land 18 months after this law, article 9 of the decision referred to in the first subparagraph, in the land that you want to delete the recorded mark on a property owner's request of the shore.
(3) If the law on the real property disposal is submitted the constitutional complaint, in accordance with the first paragraph of this article written in the land mark on the body that you want to delete the notification or the property owner's shore requested after the Constitutional Court recognized the law on the real property disposal of non-compliant higher legal force.
11. article. (1) the body shall promptly, but not later than 10 days after this law, article 9 of the decision referred to in the first subparagraph shall be sent to the adoption of the real estate owner or if his place of residence is unknown, shall be published in the newspaper "journal" communication with the invitation within 30 days from the date it is received or published in the newspaper "journal", to announce the possibility to conclude the contract on real estate disposals the voluntary.
(2) if the society's needs for transferred, only the portion of the property, the notification shall specify the required real estate divestitures and adds graphical material, which marked the property movable parts. The notice, which is sent to the owner of the property, in addition to the points of the institution remuneration and rewards offered compensation.
(3) If the owner of the immovable property referred to in the first subparagraph the period agree willingly to the immovable property for disposal, he and the institution of the contract within the time limit set on real estate disposals the voluntary body established remuneration. Deadline the institution must not be less than two months from the date on which the owner of real estate issued the draft Treaty.
12. article. Agreement on property disposals the voluntary institutions and real estate owners agree on: 1) rewards and compensation arrangements;
2) real property burdens and burdens (including lease and rental agreements and mortgages) deletion and termination procedures;
3) real estate release procedures and time limits;
4) other issues, in order to ensure the effective acquisition of the immovable property the State or municipal property.
13. article. If the property owner does not respond to the article 11 of this law in the first part, or the time limit referred to in the agreement on property disposals the voluntary is not article 11 of this law in the third paragraph, the time-limit laid down by the national regulatory authority shall prepare a draft law on the forfeiture of the property, but the municipality — a decision asking the Cabinet to submit for consideration by the Parliament a draft law on the real property disposal.
14. article. (1) by submitting to Parliament a draft law on a particular real property disposal, plug-in information on movable real estate, property seizures and remuneration, as well as the grounds for this law, article 6 of the conditions referred to in the first subparagraph, if the evaluation of the seized property. In addition to the documents that you want to add that information.
(2) If the applicant is not the draft Cabinet of Ministers for consideration of the Bill can push only in first reading, after receiving the opinion of the Cabinet of Ministers, which assesses the need the real estate needs of the public to dispose of. This opinion of the Cabinet of Ministers shall prepare and submit to the competent Parliamentary Commission within the time limit.
15. article. 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 real estate owner compensation in accordance with article 29 of this law referred to in the first subparagraph of the Treaty or, if it has not been concluded, paid him the remuneration fixed by the authority of this law article 30 to the extent laid down in the or her reward bank account in article 33 of this law.
16. article. (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 all this real estate recorded debt obligations, mortgage rights, claim tags, markup, process of the insolvency guide, burden the ban, adopted as a condition the property, as well as gaining a lease, rent, food and inheritance contracts) and for which the institution has just announced that it will take the hassle and burden, where appropriate.

(2) the institution shall bind the property of former owner closed living space rental agreement, for which the institution has been informed of the real property assessment day.
(3) real estate property you want to burden and burden resulting from this property.
Article 17. (1) 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 10 days from the date on which it paid the owner of the real property in accordance with this law, remuneration, article 29 of the Treaty referred to in the first subparagraph, or, if one has not been concluded, they established the paid consideration of this law article 30 to the extent laid down in the or her reward bank account in article 33 of this law established and provided the real estate equivalent of the former owner of a residential premises in accordance with article 28 of this law.
(2) If the property owner does not exempt the former real estate this article within the time limit laid down in the first subparagraph, the institution has the right to go to court with an application for admission requirements for real estate owned.
Chapter III remuneration and disputed article 18. (1) to inform the owner of the property on 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 or if his place of residence is unknown, shall be published in the newspaper "Gazette" and, if the House is seized, placed at the residential home can be seized.
(2) the notice shall include: 1) for information on those societal needs, the provision of which the real property is necessary;
2) information about documents showing that the real estate needed for public needs for the implementation of the project;
3) for information on the required part of the immovable property;
4) invitation to the property owner to participate in the determination of remuneration;
5) invitation to the owner of the immovable property to provide information about tenancy agreements concluded and other burdens;
6) other information which the institution considers it necessary to State.
(3) If a society needs you need to dispose of part of real estate, in addition to article 6 of this law include the conditions referred to in the first subparagraph, add graphics, which marked the property movable parts of the border, and call the real estate owner to provide information on whether he agrees with parts of the real property disposal.
(4) the communication of the institution indicates that the property owner gives the second part of this article (4) and (5) and the information referred to in the third subparagraph. Reporting period may not be shorter than 30 days from the date of receipt of the notice or published in the newspaper "journal".
(5) If, in accordance with article 9 of this law the second part of the repeated remuneration, the institution shall have the right to only include in the notice the repeated remuneration of legal reasoning and invitation to the property owner to participate in the determination of remuneration, as well as 30 days from the date of receipt of the notice or published in the newspaper "journal", to provide information about tenancy agreements concluded and other burdens.
19. article. If the owner of the immovable property article 18 of this law referred to in the second paragraph of information within the time limit does not provide or notify that remuneration does not participate in, real property shall be assessed in the light of the information that the institution can be obtained without a property owner participation and which describes the property on the day of the survey.
20. article. (1) compensation for seized real estate authority shall be determined taking into account the certified real estate appraiser's assessment and the owner of the immovable property damages.
(2) the Cabinet of Ministers issued the rules that govern the fair remuneration.
21. article. Real estate's former owner determined remuneration which ensure the economic situation, which is the same as his previous marital status.
22. article. (1) remuneration consists of the real estate market value or the residual value of replacement, whichever is the higher value from them and 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 seized property.
(2) real estate market value 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.
(3) the replacement value of the remaining consists of movable property in the land market value of the unit in accordance with the requirements of the laws and relaunching the property to use it on the day of the survey and of structures and other improvements for the residual value of the substitution.
23. article. (1) in assessing the real estate, it must appear in the test and evaluation of all the information that describes the real property, including property information provided by the owner.
(2) real property assessment, assessing it: 1), communications, facilities, and technical condition of depreciation;
2) location and according to the requirements of the laws and the use of the immovable property;
3) hassle and weight that will be stored in accordance with article 16 of this law;
4) return;
5) building and operating flexibility, if a property owner has taken steps to use this feature.
24. article. (1) when requested by the property owner, the institution shall be entitled, at its own expense to build civil engineering and utilities or pay compensation necessary for the loss and inconvenience that the former owner or other persons may arise in connection with the disposal of real property.
(2) damage which the institution intends to eliminate and prevent in accordance with the first subparagraph, shall not be included in the amount of remuneration.
25. article. (1) the owner of the immovable property damages shall be determined in accordance with the civil code.
(2) in any case of injury are considered: 1) editions, the owner of the property incurred as a result of this expropriation (removal expenses, with other real property acquisition, land registry and the consolidation of the property seized in the burden and the burden of re-registering the notarial expenses, related government fees, clerical duties and other expenses), the actual amount, but not more than the area average prices;
2) remaining part of real estate values and reward for their use (loss of access or the expenditure related to the creation of a new access, changes to the burdens and burdens, restrictions on local authorities in the planning and use of certain other changes), if the property is disposed.
26. article. The remuneration shall be paid by the institution of the non-cash form of settlement or agreement with the owner of the immovable property, use the other fair compensation compensation: 1) offering other equivalent real estate;
2) part of the remuneration paid in cash and part in offsetting with other real estate;
3) using the other two parties in the beneficial compensation the consideration.
27. article. (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: 1) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is not submitted;
2) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is submitted, but the Constitutional Court this term has refused to prosecute or taken a decision on the termination of the proceedings;
3) the Constitutional Court made a decision on the refusal to prosecute, if such a decision is taken after the constitutional deadline for the submission of complaints;
4) Constitutional Court ruled on the termination of the proceedings, if such a decision is taken after the constitutional deadline for the submission of complaints;
5) the entry into force of the judgment of the Constitutional Court, which is recognized in the law on the real property disposal compliance with higher legal force.
(2) Disputes about the institutions determine the remuneration and the amount of remuneration payable in Court of civil law.

(3) in determining the remuneration, the Court shall take into account the condition of the property on the day of the survey. The Court shall set the remuneration for that day when the remuneration established by the institution.
28. article. (1) If an institution with real estate owners agree otherwise or if the consideration for the disposal of immovable property is not assigned to a different living room, the institution is obliged to provide the property owner with the equivalent living space, if disposed in a living room: 1) transfer and article 9 of this law referred to in the first subparagraph, the date of adoption of the decision and had lived in their place of residence declared by its former owner.
2) transfer and had lived in their place of residence declared by its former owner, and if the transfer he had owned other living space.
(2) the right to equal residential space remains until the day when real estate former owner has purchased another residential space, and less than a year after the reimbursement costs. Rent for residential space provided, if any, to be paid within the time referred to shall be borne by the institution.
(3) real estate former owner loses the right to equivalent living areas, where he has been offered no less than three different equivalent living space, but he refused these offers, or the period laid down by the institution has not provided a response to the tenders received.
Chapter IV payment of remuneration in article 29. (1) the body shall promptly, but not later than 10 days after the entry into force of the Act on certain real property disposal, send the property owner an offer within six months from the date of entry into force of the law to conclude an agreement on the remuneration fixed by the institutions and the way of remuneration compensation.
(2) the institution shall pay compensation in accordance with arrangements provided for in the agreement on the institutions in certain rewards and rewards the kind of compensation, but no earlier than 10 days from the date of: 1) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is not submitted;
2) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is submitted, but the Constitutional Court this term has refused to prosecute or taken a decision on the termination of the proceedings;
3) the Constitutional Court made a decision on the refusal to prosecute, if such a decision is taken after the constitutional deadline for the submission of complaints;
4) Constitutional Court ruled on the termination of the proceedings, if such a decision is taken after the constitutional deadline for the submission of complaints;
5) the entry into force of the judgment of the Constitutional Court, which is recognized in the law on the real property disposal compliance with higher legal force.
30. article. (1) If article 29 of this law referred to in the first subparagraph of the agreement is not concluded within the time limit set, the institution shall pay the property owner a specific part of the 90 percent 10 days after: 1) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is not submitted;
2) expired for submitting constitutional complaints on the law on the transfer of immovable property, if the constitutional complaint is submitted, but the Constitutional Court this term has refused to prosecute or taken a decision on the termination of the proceedings;
3) the Constitutional Court made a decision on the refusal to prosecute, if such a decision is taken after the constitutional deadline for the submission of complaints;
4) Constitutional Court ruled on the termination of the proceedings, if such a decision is taken after the constitutional deadline for the submission of complaints;
5) the entry into force of the judgment of the Constitutional Court, which is recognized in the law on the real property disposal compliance with higher legal force.
(2) If the owner of the real property in accordance with article 27 of this law, the first paragraph is to challenge the institutions determine the remuneration and the entry into force of the judgment of the Court of Justice, the institution of the real property owner paid the remuneration set out in the judgment in full.
31. article. If the property owner has not challenged the authorities determined the amount of this law, article 27, first paragraph, within the time limit set by the institution within 10 days from the date of expiry of this law, article 27 of the remuneration referred to in the first subparagraph, the cost of challenging real estate's former owner, the remaining part of the remuneration of 10 percent.
32. article. (1) If the owner of the real property in accordance with article 27 of this law, the first paragraph is contested by certain institutions, the amount of remuneration, the institution after the entry into force of the Court judgment on compensation for seized real estate, the cost of the former property owner not paid remuneration and statutory interest on this amount from the date of the institution in accordance with article 30 of this law, the first paragraph was obligated to pay its specified proportion of the 90 percent until the date of payment of the remuneration.
(2) if the judgment of the Court in particular equitable remuneration does not exceed the remuneration fixed by the authority, the statutory interest on the unpaid portion of the remuneration is payable to the institution.
33. article. If the property owner by former place of residence is unknown or he has not provided information about your bank account, including remuneration for this purpose in an open bank account and, upon request, the cost of the former property owner, his heirs and successors or commitments. If the property owner, his former heir or successor of the commitment and the 10 years of the effective date of the consideration is not asked to pay, remuneration including State or the municipal budget.
Chapter v seized real property transfer back to article 34. (1) if the institution within one year from the date of the national or municipal ownership of the seized real estate fixed in the land, admits that real property or part of it to be unnecessary, the former owner of repayment of the remuneration received, seized real estate can get back.
(2) If the seized real estate property has made improvements, real estate former owner can use the first paragraph of this article, the authority shall reimburse the costs of improvements to real property that is passed back.
(3) After the first part of the period referred to in fact former owner's pre-emptive right to forfeit real estate.
35. article. Notice of the possibility of recovering back real estate institution shall send the property's former owner, or if his place of residence is unknown, shall be published in the newspaper "journal". The notification shall specify the composition of real estate, spending on real estate property make improvements that will be saved, the hassle and burden, as well as the 30-day time limit for the reply, from the date of receipt of the notice or published in the newspaper "journal".
36. article. If the property is the former owner of this Act within the time limits laid down in article 35 of the reply does not provide or do not wish to recover real property, this property remains the property of the State or the municipality.
37. article. (1) If the property owner uses the former article 34 of this law, the rights referred to in the first subparagraph, the institution within three months from the date of conclusion of the contract for the transfer of the property back to its former owner (unless otherwise agreed in the contract), have a duty to ensure the return of real estate with this law referred to in article 35 notification specified in the property.
(2) the institution shall bear the expenses related to the property to return the property to the land of the consolidation of the former property owner name.
Transitional provisions 1. With the entry into force of this law shall lapse: 1) the law on the real property expropriation in the public or the public needs "(Republic of Latvia Supreme Council and Government Informant, 1992, 39/40./41.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2005, nr. 14);
2) Republic of Latvia Supreme Council of 15 September 1992 the decision "Of the Republic of Latvia Law" on property expropriation State or public needs "date of order" (Republic of Latvia Supreme Council and Government Informant, 1992, 39/40./41.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1997, no. 3).
2. This Act does not apply to real property disposal procedures to this law, the date of entry into force of the agreement on the contract for the voluntary transfer of real estate company needs the essential ingredients.

3. the legal relations arising from the real property expropriation procedures, which started before the date of entry into force of the Act in question in accordance with the law "On property expropriation State or public needs."
4. If, before the date of entry into force of the law has been adopted and entered into force the law on a particular real property expropriation, the real property forcibly seized and disputes arising from this transfer of property shall be dealt with according to the law "On property expropriation State or public needs."
The law shall enter into force on January 1, 2011.
The Parliament adopted the law on 14 October 2010.
President Valdis Zatlers in Riga V. 3.2010 November