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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 issued the following law: amendments to the law «about the land reform in the cities of the Republic of Latvia Law «on» to make land reform cities» of the Republic of Latvia (Republic of Latvia Supreme Council and Government Informant, 1991, 49/50; 1993, 18/19) the following amendments: 1. Add to the list of terms used in the Act in the following terms: «the residential building, residential house, a summer cottage or other building, intended to be lived in and built in accordance with the approved project architect.
Compensation: national and municipal guaranteed remuneration in cash or in securities of the former land owner the overdue land cabinet order and timeless. "
2. Exclude from the list of terms used in the Act in the following terms: «the land lease for use»;
«Land use part»;
«Objects» important to society.
3.3. Article: make (2) of the following: «2) of article 9 to the listed parties to restore property rights to land or put the land property, as well as to grant land use; ";
3. turn off the point.
4.4 article: make the second paragraph by the following: «all land, including land occupied by forests and waters, the city limits to administrative rights over the settlement of the town authorities.»;
turn off the last sentence of the third paragraph;
make quarter point 4 by the following: «the granting authorities under the citizens of the Republic of Latvia permanent use with usage rights for the transition, but in the cases specified by law, lease, other natural and legal persons — permanent or rental use»;
to make the fourth part 6. subparagraph by the following: «— keep it in your possession land on which this law, article 6, paragraph 1, the period prescribed is not logged on to the former owners or their heirs, to ensure, in accordance with article 12 of this law, former owners or their heirs the land granting equivalent»;
to make a fifth as follows: «If the land and building owners are different (the law «on the restored Republic of Latvia in 1937 of the civil code introductory law, inheritance law and the entry into force of part time and order», article 14, first paragraph), their mutual relations in accordance with the law adjustment of article 12. Relationship, which this article does not regulate the civil law rules are applicable. "
5.6 article: make (2) of the following: «2) with the entry into force of this law, city authorities stopped a moment land use allocation in the 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»;
Replace in paragraph 3, the words «the Republic of Latvia to the Council of Ministers» with the words «Cabinet».
6. To express the text of article 9 as follows: «the land ownership law of the Republic of Latvia cities can be public, foreign (to diplomatic or consular missions), local authorities, citizens of the Republic of Latvia, as well as other persons in accordance with the laws of the Republic of Latvia and the Saeima approved international agreements.
Land ownership rights are restored: 1) natural persons — former land owners or their heirs, on parcels of land that they owned the 21 July 1940 the present administrative borders of the city, regardless of the nationality of the applicant;
2) legal persons — former land owner, on parcels of land that they owned the 21 July 1940, when a law court finds law inheritance. They do not apply to legal persons of the Republic of Latvia laws are for other property repossession procedure.»
7. Turn off in article 11 the words: «what līdzoš law article 6, paragraph 1, the deadlines laid down in the urban municipality submitted.»
8. Make the article 12 as follows: «article 12. Land demand to meet the former land owners or their heirs renewed the land property rights to them previously belonged to parcels, except: 1) if the former land owner or her heirs after 22 July 1940 's buildings and premises to them belonged to earlier plots (or share) to atsavinājuš law. The current owner of the building, a citizen of the Republic of Latvia — has the right to land ownership for a fee in the area in which the land is his legitimate use, but not more than 1200 square meters, compensating former land owner or his heirs the land value of the Cabinet of Ministers in certain quantities and limits;
2) if the former owner of the land plot (or parts of) citizens of the Republic of Latvia Law noteiktaļ order built (got owned) residential buildings or building them. The residential owner has the right to land ownership for a fee in the area in which the land was given to the building, but not more than 1200 square meters, compensating former land owner or his heirs the land value of the Cabinet of Ministers in certain quantities and deadlines.
Note the. If 1 and 2 of this article, in the cases referred to in paragraph building owner wants the land ransom 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 the relationship between the building owner and the owner of the land is regulated in accordance with the civil code;
3) if the former landlord of the land under the special protection of natural objects (or parts thereof), which lists approved by the Committee on the environment, or the statutory national educational, cultural and scientific objects, as with country and city interest engineering and transport infrastructure objects: streets, bridges, tunnels, road transport, rail lines and ports. The property right to the land to the State or local governments strengthened, but the former land owners or their heirs of their choice have the right to request to put them in the same property the city limits the administrative equivalent of a plot of land or to receive compensation in accordance with the procedure prescribed by law.
In other cases, the former land owners or their heirs of their choice have the right to:-request land property right and get out of the building and premises for rent by the owner;
-or request to transfer the property or assign them to use an equivalent piece of land;
— or to receive compensation in accordance with the procedure prescribed by law.
With the municipal decision may stipulate that the equivalent piece of land to be granted compensation only in the place where the city's administrative boundaries do not have sufficient land to meet all of the applicant. Such a decision may appeal to the municipal court.
Former land owners or their heirs who have not submitted a request to this law, article 6 (1), the prescribed period is entitled to claim the renewal of land property rights until June 1, 1994. The delays in the case of property rights can be restored.
After the former land owner or their heirs _ needs the land law is passed to the property or use of article 9 of this law the persons referred to in the following order: — under which the entry into force of this law, at the time of their use;
— land that is requested from the new residential buildings and service areas for the construction of the object.
9. Article 13: adding to the article after the word «to» sample with the following text: «as well as establishing the necessary aprobežojum to»;
to supplement the article with the second and third subparagraphs by the following: «If the urban local government within six months of receipt of all necessary documents, has not reviewed all of the former land owner or his heirs ' demand to restore property rights to land, the applicants are entitled to claim property rights restoration in court.
Disputes between land owners (user) and the buildings, structures and communications the owner (user) in court.»
10. in article 14: replace the third paragraph, the words «the Republic of Latvia Supreme Council City Land Commission» with the words «the Republic of Latvia, the Central Land Commission»;
Supplement to the fourth article this Edition: «when the former land owner not updated land property law this law causes, those rights must be restored as soon as the above barriers to dispersal of property restoration, if not received compensation or equivalent land in other places. "
11. To supplement the law with article 16 as follows: «article 16. The former land owner's right to claim their rights restore individual property rights, they encountered the transactions in the period from 22 July 1940 until 8 May 1945, the Court recognises, by checking compliance with the civil law of such transactions.
Former land owners or their heirs are exempted from stamp duty, if they require a property restoration Court.»
12. To supplement the law with article 17 as follows: «article 17. Land, buildings and orchards (trees) pre-emptive rights

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 rights to acquire buildings and orchards (trees). The same pre-emptive right is building and the fruit garden (wood), 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 building and the owner of the orchard this pre-emptive right is not used, the following rights are the municipality. "
13. To supplement the law with article 18 as follows: «article 18. Property renovation financing expenses related to land property rights restoration, the natural or legal persons who are covered by the Cabinet of Ministers.
Former land owners or their heirs to property rights in the reconstruction process of the country should levy. "
Transitional provisions 1. sample detection methodology of land until 1 May 1994 to draw up a Cabinet.
2. Rules for the implementation of the land reform of the city until 30 June 1994 to draw up a Cabinet.
The law shall enter into force on the day of its promulgation.
The Parliament adopted the law of 31 March 1994.
The President g. Ulmanis in Riga 1994 April 20.