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Amendments To The Law "on State And Municipal Land Property Rights And The Consolidation Of The Land"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību zemes īpašuma tiesībām un to nostiprināšanu zemesgrāmatās"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State and local land ownership rights and the reinforcement of land" to make the law "on State and local land ownership rights and the consolidation of the land" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 10; 1997, no. 8; 1998, 22; 1999, no. 14. no; 2000, no. 13; 2002, no. 22; 2005 2. No.) the following amendments: 1. in article 2: Express 2 and the second subparagraph of paragraph 3 as follows: "2) on this earth is the entities owned the building (construction) or the natural persons owned buildings (premises), which do not have the right to acquire ownership of land under the land reform law; 3) local government planning, respectively provided for in the land not built new country construction of buildings (structures) or national function implementation "; make the third paragraph (1) of the following: "1) State-owned buildings (constructions);"; Replace paragraph 2 of the third paragraph, the words "national company (companies) of the building (construction)" with the words "State Corporation building (building)"; Supplement third with point 3 by the following: "3) National Corporation-owned buildings (structures) or the building (construction), which, before it became a private property, is a State Corporation belonged." 2. in article 3: express the second part of paragraph 2 as follows: "2) local government planning in the undeveloped plots for new municipal buildings (structures), construction or municipal function."; Add to the second part of paragraph 4 and 5 by the following: "4) intermediate terrestrial (land area of the city which is less than the municipality approved building regulations the minimum building land area or which configuration does not permit the use of the building plot, or that it is not possible to provide the connection sharing Street), which is located in the administrative territory of the town and municipality of which the City Council has decided that it will not be used in the future to complete land reform; 5) this land granted to the municipality of personal palīgsaimniecīb needs according to the law "on land reform in rural areas of the Republic of Latvia", and article 7, in accordance with the municipal territory planning it is intended for use only to those needs. " make the third paragraph as follows: "(3) land reform during the municipality agrees and the name of the relevant authorities in the land of the Earth, which entered the 1940s on July 21, belonged to the State, only in cases where: 1) on this earth is a Government-owned building (structures); 2) on this land is privatised municipal property objects or otherwise transferred to a municipal corporation building (structures); 21) Municipal Corporation to own buildings (structures) or the building (construction), which, before it became the property of private individuals, has belonged to the municipal corporation; 3) on this earth is a residential home where existing apartments privatized under the law "On the privatization of the housing cooperative" and the law "On agricultural companies and the privatisation of the labourer" fishermen; 4) this land for streets (road) construction in accordance with the local government planning, creating it as a separate land unit. "; to supplement the article with the fifth and sixth the following: "(5) land reform during the local Government agrees to the local authorities concerned and the name entered in the land register rural land where natural or legal persons shall terminate the land-use rights standing under State and municipal property privatization and privatization certificates of completion to the use of article 25 of the law, the first paragraph, and with former regular users of this land to the land lease contract concluded. (6) land reform during the local Government agrees to the local authorities concerned and the name of the city to burn land land that ceases land use rights under State and municipal property privatization and privatization certificates of completion to the use of article 26 of the law, the first paragraph. " 3. Supplement article 4, after the words "local authorities agree to" with the words "and the relevant authorities in the land of the word" burn. 4. To supplement the law with article 4.1 as follows: "article 4.1. (1) under which membership of 21 July 1940, in land reforms concurs with the State and during the burn to state the name of the land, if: 1) on this land is State-owned buildings (structures); 2) on this land is privatised public property objects or otherwise alienated or the State Corporation building (structures); 3) on this earth is a public Corporation owned the building (construction) or the building (construction), which, before it became the property of individuals, the State Corporation to have belonged; 4) on this earth is the entities owned the building (construction) or the natural persons owned buildings (premises), which do not have the right to acquire ownership of land under the land reform law; 5) local government planning in the undeveloped plots for new country construction of buildings (structures) or national function. (2) under which membership of 21 July 1940, have been found in the ground at the time of the reform agreement with the municipality and the land registry to record the name of the municipality, if: 1) on this earth is a Government-owned building (structures); 2) on this land is privatised municipal property objects or otherwise transferred to municipalities or municipal corporation building (structures); 3) on this earth is a Municipal Corporation-owned buildings (structures) or the building (construction), which, before it became the property of private individuals, has belonged to the municipal corporation; 4) on this earth is a residential home where existing apartments privatized under the law "On the privatization of the housing cooperative" and the law "On agricultural companies and the privatisation of the labourer" fishermen; 5) local government planning in the undeveloped plots for new municipal buildings (structures), construction or municipal function implementation. (3) under which membership of 21 July 1940, except in land which, in accordance with the first and second part of the land to the State of the record, or the name of the municipality, to be used in the future to complete land reform. (4) the first, second and third paragraphs are not applicable to the land where land reform granted the property of the person or that the person is the right to property under the land reform law. " 5. Replace article 5, first paragraph, the words "under the buildings (structures) by the State or local privatizējuš or atsavinājuš" with the words "on which the buildings (premises), by the State or a municipality or other obligation to replace sheets privatizējus". 6. To make article 6 by the following: "article 6. (1) the land of 21 July 1940 in belonged to persons not required to restore the property rights to that land or requested compensation, as well as the land on which the law does not provide for restoration of the right of property, other than land, which land on the public record of the name in accordance with this law, article 2, second subparagraph, and article 3, second paragraph, to be used in the future to complete land reform. (2) rural land, where land reform was allocated at the time of permanent use, and the land to local authorities, which is in agreement with the local authorities in accordance with article 3 of this law the fifth and in accordance with local authority planning not municipal functions, according to the local Government Council (Council) decision in the future be used for the completion of land reform. (3) On the State of rural land nodded agreement, which covers the completion of land reform, the cabinet order. (4) the second and third subparagraphs of that land, which covers the completion of land reform, as well as State and local government-owned land in and nodded to be Cabinet rules. (5) urban land, which used land reform shall be equivalent to the completion of the provincial compensation fund in accordance with the State and municipal property privatization and privatization certificates of completion to the use of laws and the law. (6) the local Government Council (the Council) a decision or order of the Cabinet of Ministers on rural land ownership, jurisdiction, or its use for land reform for the completion of the State land service shall be submitted to the 2008 September 30, but on the ground the city — up to 30 December 2009. " 7. Turn off article 7. 8. Article 8: Supplement, second subparagraph, after the words "ķemeri national park" with the words "Rāzn park"; replace the sixth paragraph, the words "the person, if the Cabinet determines otherwise" with the words "or other person in the Department, if it is determined by the Cabinet of Ministers"; to supplement the article with the seventh subparagraph by the following: "(7) On behalf of the State joint stock company" Privatization Agency "person in the land are recorded in the privatization of State-owned and transferred nodded not built or built on the land." 9. Replace the fourth subparagraph of article 9, the words "the City Council (Parish Council)" with the words "local Government Council (the Council)". 10. Article 10: replace the first part of the introductory paragraph and the words "in article 3, the second and third part" with numbers and the words "article 3 the second, third, fifth and sixth subparagraphs, article 4.1, the first and the second part"; replace the first subparagraph of paragraph 1, the words "the State land service" with the words "national archives"; make the first part of paragraph 7 as follows: "7) justification according to local municipal territory planning, new national or municipal buildings (structures) for use in the construction or the State or territory authorities for the implementation of the function."; to supplement the article with 2.1 and 2.2 the part as follows: "(21) where the land municipality agrees in accordance with article 3 of the law of the second subparagraph of paragraph 2, or 4.1 the second paragraph of article 5, reference added to the State land cadastre service advice. If a piece of land the municipality agrees in accordance with article 3 of the law on the fifth or sixth, then the reference added to the local Government Council (Council) decision adopted in accordance with the law "on land-use and land-use planning" the third subparagraph of article 33. (22) where the land State agrees, in accordance with the law, article 2 of the second paragraph of point 3 or 4.1 of the first paragraph of article 5, reference shall be accompanied by the State land service of the cadastral certificate. "; replace the third paragraph, the words "Cabinet" with the words "this law and article 8". 11. Article 11 be expressed as follows: "article 11. Land reform during the disputes over land are not recorded in the national or municipal land jurisdiction settle Central Land Commission or the Court. Central Land Commission's decision within one month of its notification to the Court may be appealed to the law of civil procedure. The dispute about the land register does not record any national or municipal land ownership or jurisdiction the Central Land Commission may sign up for consideration until 30 December 2009. " 12. Replace article 12, second paragraph, the words "district or County Council or City Council" with the words "Municipal Council (the Council)". 13. To supplement the law with article 16 as follows: "article 16. (1) the land, the land on which the State or local name recorded in accordance with this law, article 2, paragraph 3, second subparagraph, article 3, paragraph 2, second subparagraph, article 4.1, first paragraph, point 5, second subparagraph, and paragraph 5, five years may not be transferred, pledged to establish a personālservitūt to it or rent it with the right to build the building (construction) as a standalone property object if other laws provide otherwise. (2) in the first subparagraph of this article, certain rights in the land of aprobežojum records at the property to the State or the municipality's name. (3) the first part of the aprobežojum disposal does not apply to the case where, in accordance with State and local divestment laws: 1) passes a piece of land free of charge to the municipality or invest in the Corporation; 2) municipality passes a piece of land without compensation or invest in the Corporation. " 14. Transitional provisions: replace the words "transitional provisions" with the words "transitional provisions"; believe the current transitional provisions the transitional provisions of the text of paragraph 1; transitional provisions be supplemented with 2, 3, 4, 5 and 6 of the following paragraph: "2. The land, which is in agreement with the State or the municipality, in accordance with article 2 of this law, the second subparagraph of paragraph 3, article 3, paragraph 2, second subparagraph, article 4.1 of the first subparagraph of paragraph 5 and paragraph 5, second subparagraph, the entry in the land register on behalf of a State or local government, if, in accordance with article 6 of this law, the fourth and fifth Municipal Council (the Council) has taken a decision or the Cabinet of Ministers ordered jurisdiction of this earth and, on the basis of this local Government Council (the Council) a decision or order of the Cabinet of Ministers, the State and local Government to nodded, the land is registered with the State real estate cadastre information system. 3. If in accordance with this Article 6 of the law on the fourth and fifth Municipal Council (the Council) has not taken a decision on the jurisdiction of the municipal land, the land where the Government agrees, in accordance with this law, article 3 of the second paragraph of paragraph (2) or the second subparagraph of article 4.1, point 5, you can record in the land on behalf of a municipality, if the plot need justification and the area is coordinated with the Ministry of finance and regional development and local government Ministry. 4. Where, in accordance with article 6 of this law, the fourth and fifth Cabinet is ordered on State land, the jurisdiction under which the State agrees, in accordance with article 2 of this law, the second subparagraph of paragraph 3 and article 4.1, first paragraph, point 5, you can type the name of the national land register, if the local Government Council (the Council) has decided that the land agreement with the State. 5. If a plot of land in the land register to record the name of the municipality in accordance with the transitional provisions of paragraph 3, add a reference to the Ministry of finance and regional development and local government, Ministry of reconciliation. If a plot of land in the land to the State of the record name in accordance with the transitional provisions of paragraph 4, add the appropriate reference to the local Government Council (Council) decision. 6. the Earth, which agrees with the municipality in accordance with this law, article 3 of the second paragraph of point 4, is in the land to the State of the record name if by august 1, 2007-Municipal Council (the Council) has decided that the land is not needed for the completion of land reform, and has agreed to its recording in the land to the State. " Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 25 "amendments to the law" on State and local land ownership rights and the consolidation of the land "(the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2007, no. 3).
The law shall enter into force on 1 august 2007.
The Parliament adopted the law of June 21, 2007. State v. President Vaira Vīķe-Freiberga in Riga, July 5, 2007 in