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Amendments To The Law "on Land Reform In The Cities Of The Republic Of Latvia"

Original Language Title: Grozījumi likumā "Par zemes reformu Latvijas Republikas pilsētās"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on land reform in the cities of the Republic of Latvia" make law "on land reform in the cities of the Republic of Latvia (Republic of Latvia Supreme Council and Government Informant, 1991, 1993, 49/50.nr.;/19.nr.; 18. The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, no. 9; in 1995, 2., no. 24.) the following amendments: 1. Express article 6 paragraph 2 by the following: ' 2) with the entry into force of this law, while city authorities stop granting land in the use of natural or legal persons without the former land owner or their heirs consent, except where the land to be granted by special Act of the State for the construction of important objects; ".
2. Make article 9 the third paragraph as follows: "If the land ownership rights after the State on 21 July 1940 could not attest to the State archives, the judgment of the Court of Justice or other land property rights supporting documents, to July 21, 1940 to drawn up the land registry or the notarized purchase contract of land, property rights to land disposal concluded contract, lease-purchase or redemption — the contract acknowledges the Court If found this legality, and if in the case of redemption of land partially or fully settle the purchase. "
3. Add to article 10 to the fifth subparagraph by the following: "heirs can restore land ownership rights if they submit the documents proving kinship. Land owner's death, the supporting documents are not required, if the land owner does not submit the land property rights renewal request. "
4. in article 12: Add to the first paragraph of paragraph 2, after the words "or the" building with the words "or in accordance with the procedure laid down in the law, residential buildings got owned up to 20 June 1992";
make the first part of paragraph 2 of the note as follows: "Note. If the first paragraph of this article, 1. and 2. in the cases referred to in point building owner does not want to receive land in the property for a fee or he has no right to acquire the land, the land remains the property of the natural person, her heirs, or the property of a legal person, to which it belonged until 21 July 1940 and that this land has requested, but the building's owner has guaranteed the right of rental of land in the area in which the land is his legitimate use (building), and land rent paid in the year must not exceed five percent of cadastral value of the land. ";
Add to the first part of paragraph 3, last sentence, after the words "in accordance with the procedure laid down in the Act received by the words" or ";
Add to the first part of paragraph 3 with the following note: "Note. If the former land owners or their heirs owned residential buildings in the territory of the port, they have the right to restore property rights to land in the area, what is their legitimate use, but not the majority of 1200 square metres, except in the territory of the Riga Commercial Freeport of Kundziņsal in residential areas where property rights of former land owners or their heirs is restored to all of the area belonged to the past. "
to supplement the article with a new second subparagraph by the following: "If the former land owners or their heirs restored ownership of the land on which the this law, article 12, first paragraph, point 3 of the mentioned objects, as well as multi-family residential home, the State or local government-owned water supply, heating and power supply facilities, buildings and premises, which privatized the laws and legislation that, in the cases of land rent paid in the year must not exceed five percent of cadastral value of the land.";
consider the current second and third respectively on the third and fourth;
Add to the article with a new fifth subparagraph by the following: "residential owner — Latvian citizen, who submitted the request of land by 20 June 1992, is entitled to receive a building plot of land in the estate for payment of the first part of paragraph 1 and 2 in the order, if this piece of land is not claimed by former land owners or their heirs if they asked for compensation in accordance with the procedure prescribed by law.";
consider the current fourth and fifth respectively on the sixth and seventh.
5. Express article 17 as follows: "article 17. Land, buildings, structures and orchards (trees) pre-emption former land owners or their heirs (if they have not received their land instead of an equivalent piece of land or compensation) is a pre-emptive right to acquire the building, shipbuilding and orchards (trees) that are located on this land. The same pre-emptive right are buildings, structures and Orchard (tree), if the owner sells the land. If that person is not able to use pre-emptive right to the seller's fault, they have the right of redemption.
If the buildings, structures and orchards (trees), the owner of this pre-emptive right is not used, this right is a municipality (with the exception of article 29 of this law as provided in). "
6. To make chapter V by the following: "chapter V. Dealing with land ownership of article 19. The transaction object transactions can only be made with the land on which the property rights attaching to the land.
For transactions with land within the meaning of this chapter shall be considered any transactions resulting in a change in the owner of the land, as well as a succession of wills, mortgaged land seizures and ground-share capital incorporated companies.
20. article. Business entities may acquire property under the civil code and other laws: 1) citizens of the Republic of Latvia;
2) State and local government, State and local businesses (incorporated companies);
3) Republic of Latvia enterprise register incorporated companies established in: (a)) which more than half the capital belongs to citizens of Latvia, State or municipality — each subject separately or more of these subjects together, b) where more than half of the share capital owned by natural or legal persons from the countries with which Latvia has concluded international agreements on investment promotion and protection, approved by the Saeima until 31 December 1996. This applies also to natural or legal persons from the countries with which international agreements were concluded after 31 December 1996, if such agreements provided for in the Republic of Latvia natural and legal persons the right to buy land in the country concerned, c) where more than half of the share capital owned several "a" and "b" referred to subjects together, d) which is a public joint stock company, where its shares are quoted on the stock exchange;
4) until 21 July 1940 in Latvia registered religious organizations.
Other natural and legal persons, other than those referred to in the first subparagraph of this article, you can obtain a property on land with the limits laid down in this chapter.
21. article. Restrictions on transactions in land ownership in this law article 20 second paragraph the persons mentioned below can get owned in article 22 of this law.
20. The law referred to in the second subparagraph of article people can not get the property: 1) land border zones of the country;
2) under the Baltic Sea and Gulf of Riga was established in the protection and other public bodies and watercourses protection zone, except when they are intended for the building to the city's master plan;
3) in agricultural and forestry land by the city's master plan.
22. article. Business arbitration proceedings 20. This law referred to in the second subparagraph of article people wishing to acquire land owned by the City Hall, which is located in the land, an application that shows the use of this land for the future. To be added to the application a copy of the transaction.
The Chairman of the City Council shall examine the application. If the Earth's future purpose specified in the application, does not conflict with the city's master plan, approved and obtained a legal force under the Cabinet of Ministers issued land-use regulations and complied with this law, the limits referred to in article 21, the Chairman of the City Council 20 days to give consent to the taking of land owned. If the city's master plan has not been approved or not yet acquired legal force before deciding the issue, the President of the City Council of understanding of environmental protection and regional development Ministry, which gives the Department within two weeks. The agreement in the form of a certificate prepared and signed by the President of the City Council. Also appearing on the certificate trading estate in the land use purpose. The deal is valid for entry in the land register only if it is attached to the said certified statement. One copy of the certificate of the city within three days after the signing of the certificate sent to the State land service of the Department. The refusal of the consent of the parties to the transaction have the right to appeal to the Court.
23. article. Publication of information about transactions concluded

For transactions that result in real estate got 20 of this law, the first paragraph of article 3, point "b" above and persons referred to in the second subparagraph, the Ministry of Justice at least twice a year, published in the newspaper "journal" information that indicates the size of such property, the cadastral value, their proportion in cities and other Cabinet Ministers in certain indicators.
24. article. The conservation of land ownership or termination of the natural persons who obtained property in land inheritance if the natural person who is not a citizen of the Republic of Latvia to acquire land ownership inheritance, this person month land property rights for future conservation is to receive the President of the City Council's consent in article 22 of this law. Judgment of the Court of Justice shall be added to the application for approval of a will or inheritance law with a reference to its entry into legal force. If, pursuant to article 21 of this law, these constraints, the President of the City Council did not give its consent, land for two years must forfeit.
Not land seized in the future use and disposal procedures established by the Cabinet of Ministers.
25. article. Natural and legal persons property rights of land conservation or termination If this law article 20, first paragraph, point 3 of the incorporated companies share capital referred to changes that result in incorporated companies no longer complies with this law, article 20, first paragraph, point 3-conditions for this to land further incorporated companies preservation month must receive the President of the City Council's consent in article 22 of this law. If the President of the City Council shall not give consent, legal person of the duty to two years of land expropriation.
If this law article 20 referred to in the second subparagraph of natural or legal persons business obtained land not used for a specified purpose, such property two years must forfeit.
Not seized in land ownership and further disposal procedures established by the Cabinet of Ministers.
26. article. Land ownership limits the extent of the Cabinet of Ministers may establish separate cities further land about restrictions of this law article 20 second paragraph. "
7. To supplement the law with Chapter VI and VII by the following: "chapter VI. State and local land privatisation and divestment of article 27. State and local land privatization and disposal this chapter lays down the framework conditions: 1) they land privatisation procedures and conditions which are in accordance with the law "on State and municipal property privatization of objects of" privatization of the released State and local property object, as well as the privatised public property objects;
2 its land disposal) procedure and conditions on which the property of the State and local Government objects that the transfer takes place in accordance with the law "On State and local divestment agenda" or who have already seized under that Act;
3) they state or municipality land privatisation procedure and conditions on which the objects that were acquired by the owner thereof in other laws and regulations in the cases provided for;
4) country or not built on municipal land privatisation procedures and conditions.
The conditions of this chapter are not applicable in the case of a privatized or transferred to State or municipal land on which the residential home, which is being privatised under the law "on State and municipal residential privatization", as well as in cases where the owner of the property in the denacionalizēt as the building land is a regular user is entitled to possession of the land charge in chapter IV of this law.
Land privatization procedures, methods, techniques, and other issues which are not regulated in this law shall be determined by the law "on State and municipal property privatisation," but the object land expropriation procedures, and other matters that are not regulated by this law, shall be determined by the law on State and local divestment agenda ".
28. article. State and local land privatization and disposal procedures in accordance with the provisions of this chapter to privatize or transferred, you can only land on which a State or municipal property rights attaching to the land registry.
The privatisation of the land where they are located on the privatization of the State or local Government transferred property object, the institution which carries on the ground the object property privatization.
The privatisation of the land where they are located on the privatized local property object, the municipality where the property is the land.
The land on which the property is located in the objects passed to the expropriation or forfeited under the law "On State and local divestment agenda", disposes of the State joint stock company "national real estate agency" (hereinafter referred to as the national real estate agency).
In other cases, other than those referred to in the second, third and fourth subparagraphs, the privatisation of public land nonprofit organization performing public joint stock company "Privatization Agency" (hereinafter referred to as the privatisation Agency).
To be able to privatise or dispose of the land in the second, third, fourth and fifth paragraphs, in the cases provided for in cabinet order or relevant authorities shall adopt a decision on the privatization of land transfer or disposal, except in the seventh part of this article provides for the case.
Public property objects that are passed to the privatisation after 17 January 1997, you can privatize or transferred together with the land on which the privatization or expropriation of property passed to the object, on the basis of the decision adopted by the institution carrying out the object of privatization or expropriation.
Municipal property for objects that are passed to the privatisation after 17 January 1997, you can privatize or transferred, together with the land on the basis of the municipal decision.
29. article. Pre-emptive rights and their use in article 27 of this law in the first part, in the cases provided for in the object property owner has the right to a pre-emptive State or municipality owned the land on which the object is located.
Not later than two weeks after they land privatization or transfer approval of rules on which the privatised, seized or other laws and regulations in the cases provided for in the resulting property object, the institution which carries out land privatization or transfer, offer the person a pre-emption, to conclude a purchase agreement in accordance with the rules approved by sending the relevant provisions by registered letter or by transferring them to that person or its authorised representative against signature.
People who have a pre-emptive right, a month from the privatization or transfer receipt rules in writing the second part of the said institution of the decision taken.
If the person is provided for in this chapter, the pre-emption is not used, it has a land lease rights to a plot of land on which is located the person owned the property object, and this object is not privatized or transferred to other parties.
30. article. The price of the parcel of land privatised or sold for a price not less than the cadastral value of the land, determined in accordance with the provisions of the Cabinet of Ministers on urban land evaluation.
Given the price of land, on which it is privatized or transferred, determines the institution carrying out land privatization or transfer.
Selling public property object whose value represents the State or municipal land value, the object that the selling price should be indicated separately in the land price and the means of payment for land (except when the land price includes the price of the shares object).
31. article. Means of payment Payment of privatizējam or land to be seized: 1) in local currency;
2) property compensation certificates.
The amount of the refund certificate property instalments on privatizējam or land seized under the provisions of the Cabinet of Ministers on the means of payment and payment arrangements determined by the authority, which shall carry out the privatization or expropriation.
Payments in local currency in favour of the privatizējam land in the corresponding State or municipal property privatisation funds.
Payments for land seized by the local currency seizures should deduct the expense in the corresponding State or municipal property privatization funds in the State budget or a Cabinet.
If the state name in the land is secured in accordance with the law of the land "Of State and local land ownership rights and the reinforcement of land" article 2, third paragraph, payments in LCY on the privatizējam or movable Earth dwelling in the corresponding State or municipal property privatization funds in accordance with the law "on State and municipal property privatisation funds" as payments on municipal property object.

If the local name in the land is secured in accordance with the law of the land "Of State and local land ownership rights and the consolidation of the land" the third subparagraph of article 3 of the payments in LCY on the privatizējam or movable Earth dwelling in the corresponding State or municipal property privatization funds in accordance with the law "on State and municipal property privatisation funds" as payments for State property object.
Article 28 of this law in the seventh and eighth part privatisation of land provided for in cases where the State or municipal property privatisation or disposes of the object together with the land, the land buyer-citizen of the Republic of Latvia — has the right to choose in the first paragraph, these means of payment.
People who acquired property compensation certificates, payment of compensation to the privatized land, shall be entitled to use all of its existing property compensation certificates assigned to them as compensation for property not recovered.
32. article. State or local land privatization and land disposal subject to forfeiture as a result of privatisation and property, you can get this law transactions referred to in article 20.
33. article. Land privatization and disposal procedures for the consideration of the application, the institution shall take the land privatisation, or State real estate agency that carried out the land seizures, where the land seizures as a result of privatisation or want to get a property in this law article 20 referred to in the second paragraph, the person shall submit to the City Hall, which is located in the land, an application that shows the use of this land for the future. The application of the present article 22 of this law, in accordance with the procedure laid down, taking into account that the person cannot get land property in this law article 21, in the cases referred to in the second subparagraph.
Chapter VII. Final provisions article 34. Land reform is complete on the completion of the land reform of the municipal territory, the Cabinet of Ministers adopted by order to the municipal submission basis. "
Transitional provisions 1. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 8 "amendment to the law" on land reform in the cities of the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 4).
2. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 26 "regulations on disposal of land privatisation and the cities of the Republic of Latvia (Latvian Saeima and the Cabinet of Ministers rapporteur, 1997, no. 5).
The Parliament adopted the law of 8 May 1997.
The President g. Ulmanis in Riga on 23 May 1997, the