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Amendments To The Law "on The Privatization Of Land In Rural Areas"

Original Language Title: Grozījumi likumā "Par zemes privatizāciju lauku apvidos"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on the privatization of land in rural areas" to make the law "on the privatization of land in rural areas" (the Republic of Latvia Supreme Council and Government Informant, 1992, 32/33./34.nr.; 1993,/9.nr., 18 8/19.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 1; 1995, no 2; 1996, nr. 1, 15. No.) the following amendments: 1. Turn off the article 1 paragraph 4.
2. Turn off the second part of article 3.
3. in article 4: turn off the first part of paragraph 2, the words "and Latvia registered legal entities";
replace the second paragraph, the word "Council" with the words "Earth" of the Commission.
4. Put article 5, 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 purchase contract by the Court If found this legality, and if in the case of redemption of land partially or fully settle the purchase. "
5. in article 6: Add to the article with the new fourth subparagraph by the following: "national breeding farms, State farms, the pilot State Research farms and agricultural holdings in training institutions is guaranteed the right to rent the land area approved by the Ministry of agriculture to the redemption of land and property rights in land to the Government for the consolidation of the word person in the Ministry of agriculture. The land to the 1998 corresponding to 1 July. These farms are required to pay land owners a year's rent — up to 5 percent of cadastral value of the land, to the land of redemption. ";
considered a fourth of fifth and express it as follows: "If the former land owner or their heirs the land located in the requested entities owned buildings and premises, as well as individual buildings and premises, the law" on agricultural companies and the privatisation of the labourer "of fishermen in the order, the legal and natural persons are guaranteed the right to rent the land occupied by buildings, building and courtyard and yet the Earth up to 0.5 hectare area of the maintenance of buildings and premises. The above mentioned land boundaries and the area of the land in the County Commission. ";
to supplement the article with the new sixth as follows: "If the natural or legal persons from buildings and structures acquired the law" on agricultural companies and the privatisation of the labourer "of fishermen in the order, they rent on land occupied by buildings, building and courtyard, and the building and maintenance of the necessary land to 0.5 hectare area must not exceed 5 percent of the land cadastre value.";
be considered to be the fifth, sixth and seventh part on the seventh, eighth and ninth;
turn off the current eighth part, the word "deceased" and treat it as a tenth;
consider the ninth and tenth on the eleventh and twelfth.
6. To make article 7 the second subparagraph by the following: "legal persons are obliged to pay the ground rent to the owner, whose maximum size and payment order is determined by the Cabinet of Ministers, with the exception of article 6 of this law in the fourth and sixth part, as well as article 9 referred to in the second subparagraph."
7. Supplement article 8 with a new second 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. "
8. Make article 9 the second paragraph as follows: "If the former land owners or their heirs to those seeking to use the reserved land before the requested time limit referred to in the first paragraph under the user (the lessee) of land use (rental) the right to remain until the land use (lease) expiration of the moment. If the land is leased for personal palīgsaimniecīb, land lease agreements can be extended to the end of the termiņpieprasījum the Earth. In those cases where the repressed persons requested to restore the land property rights, apply to this law, the first paragraph of article 7. Rentals of personal palīgsaimniecīb in the leased land shall not exceed 5 per cent of land cadastral values. "
9. Express article 10 by the following: ' article 10. 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), including those who are registered in a separate land demand unsatisfied, 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, the following rights are the municipality. "
10. Put the second subparagraph of article 12 (3) of the following: "3) former land owner of political repressions in the surviving spouses and political repressions in the first grade if they are heirs to the 1992 31 December have requested compensation."
11. Make the text of article 16 as follows: "the property of the land area allocated must not be greater than 150 hectares, but forest area — about 50 hectares.
The question of more land and forest areas in the allocation of property of the Republic of Latvia to decide the Central Land Commission, based on the recommendations of the Commission of the parish land. "
12. Add to article 19 a new paragraph 6 by the following: "6) State joint stock company" Privatization Agency ", making land law" on privatization of State and municipal property privatisation of object "in the cases provided for and in order."
13. Express article 24 as follows: "article 24. Under the privatisation of specific conditions

The land in the course of privatization of the Republic of Latvia citizen State granted land owned only one farmers and backyard farm in payment certificates. Farmers and backyard holdings of land reform is not considered at the time of the new farmer or backyard farms, and until 1996, 1 November the permanent use of land privatizējam granted in accordance with the provisions of this law.
Design of land property rights in relation to the State and local government-owned lands and nodded, as well as State and local governments own and nodding land property right and the distribution procedure is governed by the law on State and local land ownership rights and the consolidation of the land ".
The order in which transactions are to be secured with the land registry in the land subject to the chapter VI of this law. "
14. Chapter VI to express the following: "chapter VI. Dealing with land ownership in article 27. 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.
28. 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 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 these contracts intended for the registered 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) Latvia registered religious organization whose life, from the moment of registration of the Republic of Latvia, is not less than three years.
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.
29. article. Restrictions on transactions in land ownership in this law article 28, second paragraph, the following people may get ownership of article 30 of this law.
28. The law referred to in the second subparagraph of article people can not get the property: land country: frontier zones, – below 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 County master plan — national reserve land, agriculture and forestry needs land, according the County master plan.
30. article. Business review procedure 28. This law referred to in the second subparagraph of article people wishing to acquire land or property, public joint stock company "Privatization Agency" if it carries out land privatization, the Parish Council shall be submitted, within the territory of which 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, except for the privatisation of land by the State joint stock company "Privatization Agency".
Parish Council Chairman looking application. If the Earth's future purpose specified in the application, does not conflict with the parish master plan approved and acquired legal force under the Cabinet of Ministers issued land-use regulations, and compliance with article 29 of this law, those limitations, Parish Council President 20 days to give consent to the taking of land owned. If the County master plan has not been approved or not yet acquired legal force before the deciding question Parish Council Chairman's understanding of environmental protection and regional development Ministry, which gives the Department within two weeks. Consent expressed in the form of a certificate, signed by the Parish Council President. 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 parish municipality 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.
Former land owners or their heirs who claimed land until 20 June 1991 and established a separate land demand unsatisfied, a pre-emptive right to the land on which the property rights they were not restored.
31. article. Publication of information about transactions concluded on transactions that result in real estate got 28 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 of the weight divisions, and other Cabinet Ministers in certain indicators.
32. 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 Parish Council President agreement article 30 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 29 of this law, these restrictions, Parish Council President does not give its agreement, the land two years must forfeit.

Not land seized in the future use and disposal procedures established by the Cabinet of Ministers.
33. article. Natural and legal persons property rights of land conservation or termination If this law article 28, 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 28, first paragraph, point 3-conditions for this to land further incorporated companies preservation month is to receive the Parish Council President agreement article 30 of this law. If the Parish Council President does not give consent, legal person of the duty to two years of land expropriation.
If this law, article 28 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 land seized in the future use and disposal procedures established by the Cabinet of Ministers.
34. article. Land acquisition about the limitations of the Cabinet of Ministers may provide some assistance in further land about restrictions of this law article 28, second paragraph.
35. article. 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 with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 9 "amendment to the law" on the privatization of land in rural areas "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 4).
The Parliament adopted a law in 1996 on December 5.
The President g. Ulmanis in Riga in 1996 through December 20, "amendments to the law" on the privatization of land in rural areas "and weighed carefully reviewing the 1996 on December 5, the Parliament adopted the law" on amendments to the law "On the privatization of land in rural areas" "rules, I have found that the law includes both to adjust things and updates associated with other laws the additions and modifications. While recognizing that certain rules are debatable. Not in vain at the President turned in a significant number of MEPs with a request not to promulgate the law and stop the publication of the law for two months, taking the view that the Act is premature, before you have completed the land reform in Latvia. Such a request is carefully evaluated for compliance with the criteria of the law of the Latvian State and people's interests.
With our thoughts I want to present both the defenders of the law, and its opponents.
A positive new rules provided for by law?
This is the rule which States that deal with the land on which the property rights are in the land, is not related to land reform.
The law clearly states the legal persons which can get owned land without limits, as well as to clarify the physical and legal person property right of land conservation and transfer arrangements.
Without rules governing the land market, the law contains a number of important provisions relating to land reform: — is extended to persons who may receive payment in cash for the land property compensation certificates;
— for the possibility of obtaining compensation for land owners first class heirs, if they are politically repressed, without requiring that the former land owner must be politically repressed;
— in some cases rents are also provided for restrictions on land, necessary for the maintenance of buildings and premises.
If the above rules are significant enough for the law to be announced and the land privatisation process would not be delayed.
The rules, which, in my opinion, enough without going into the substance of the case, it is possible to clarify the law after promulgation.
Issues that must continue to work are the following: — permanent residents who are not citizens of Latvia, amendments to the law, can not get the property of land for agricultural and forestry purposes, but incorporated companies, which are the natural and legal persons from foreign countries with which Latvia has concluded international agreements on investment promotion and protection, it can. It is therefore necessary to consider whether or not it should extend the right to obtain land for permanent residents of Latvia, at least for agricultural purposes;
— to assess whether some restrictions for transactions in land ownership should not also apply to incorporated companies which consists of foreign natural and legal persons.
As is known, the consideration of 3. reading is prepared amendments to the law "on land reform in the cities of the Republic of Latvia". Therefore, in order to avoid similar situations, particular attention should be given to that issue in the framework of the examination of the Bill already.
After the adoption of the law on the Parliament members of the Group expressed the belief that the free sale of land by foreign persons is unacceptable, and called for the law to be promulgated. In my opinion, the question of the land market is not explicitly assessed.
Why would the possibility foreign eligible persons to purchase land in rural areas?
Opportunity to purchase land to promote foreign direct investment into Latvia, where investors also owns the land on which his production site, it creates a sense of security for your investment. Enlarges the solvent land buyers, will increase the demand for land and a chance to create a balanced land market. The current situation is obvious — Latvia aizaug fields, because landlords are not enough funds to restore the land, and if the land owner wants their land to sell, then it is difficult to find a buyer who can offer the land value for the price. In addition, the normalised land market, increased the attractiveness of land as collateral, which would give farmers opportunities to attract more credit resources.
Doubts about the operation of the Act and does not control the land sale are many. I am sure that if the same be susceptible and responsible in their ground and let us follow the rules carefully, then Latvian land no one we do not take away.

Believe that after the promulgation of amendments to the law have the opportunity to work on further development of the law. I am going to do and urge the Government and members of the Parliament, aware of the responsibility for the creation of a land market, carefully evaluate the opportunity to develop rules governing the privatization of land.
President Guntis Ulmanis in Riga, 1996 December 19.