Land Border Dispute The Commission's Operational Procedures

Original Language Title: Zemes robežu strīdu komisijas darbības kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/178101

Cabinet of Ministers Regulations No. 522 in Riga on July 7, 2008 (pr. No 46 25) land border dispute Commission order Issued in accordance with the law "on land reform in rural areas complete the" article 15 of the fifth i. General questions 1. determines the State land service of regional Department (hereinafter referred to as the service's regional Division) land border dispute for the creation of the Commission, the Commission's rights and obligations, as well as the filing of the application, decision-making and reporting.
2. the regional land dispute Commission (hereinafter the Commission) is collegial Authority created under the border disputes according to the law "on the completion of land reform in rural areas".
3. The Commission shall examine the land units in the process of fixing the first or if the land units in the process of trying a cadastral land reform within the historical land disputes between parties for 3.1: land units, which are not recorded in the land register;
3.2. the landmark (frontier) location area compliance with land cadastral documents, determine if a dispute has arisen between the parties and at least one of the parties to the dispute the Earth is not recorded in the land register units.
4. the Commission shall not consider the land border disputes that have arisen, if land cadastre in licensed or certified determine a person (hereinafter referred to as the land surveyors) land unit owner in the land register, or renew, surveyed the land unit boundary common with land use, and land units of the unit the user or the owner of the object to the specified limits. In this case, the owner of the land units of the land boundary dispute in accordance with the land cadastral areas determine regulatory laws.
5. The Commission, as the land border dispute shall also examine the land surveyors Act, stop if it shows that the first land cadastral trying not be launched for the following reasons: 5.1 for the uzmērām land units of a decision on property rights or the granting of permanent use of land (hereinafter decision on Earth) the graphical attachment fails its land units land plan, which shares borders with uzmērām land unit;
5.2. in relation to the unit of land uzmērām the decision on the grant of land is not a graphical attachment or they have more.
6. This rule 3 and 5 may in the cases referred to in point a are obliged within 10 days after the land border dispute or capture of the termination Act of dialing the Commission land border dispute in the application (hereinafter referred to as the application).
7. disputes under the terms of this frontier is renewed or laid surveyor at the locality or the frontier post where the location of the area did not agree with the one of pierobežniek.
II. establishment of the Commission the Commission of each of the 8 regional chapter of the service make a leader.
9. the Commission shall consist of at least four members of the Commission, at least one of which is the regional section of the service specialist legal issues, at least one specialist in land and cadastral trying at least one specialist in cadastral matters.
10. the Commission's work is governed by the regulations of the Commission. Regulations issued by the Regional Services Department.
III. Responsibilities of the Commission and entitled 11. The Commission is to assess the land border dispute the factual and legal circumstances and to take appropriate decisions.
12. the Commission shall have the following rights: 12.1. to require from State land service units, as well as from other natural and legal persons, including authorities, additional information necessary for the decision of the Commission;
12.2. to require from all land cadastral surveyors in trying those involved in the proposed clarification of the case;
12.3. to invite to the meeting of the Commission as a third party agent, to the municipal administrative territory the land unit;
12.4. to invite to the meeting of the pierobežniek Commission, the Central Land Commission, land surveyors and other persons (hereinafter referred to as the land of the parties involved in the dispute), to see the land border dispute the factual circumstances and seek views and arguments;
12.5. to invite to participate in the hearing of the Commission of specialists of other institutions, in order to obtain the information necessary for the Commission for a decision;
12.6. to call upon the representatives of law enforcement authorities, if the land is disturbed and situation assessment, or conducting a control area (hereinafter referred to as the land boundary check).
IV. submission of the Application shall provide professional land surveyors, 13 regional department or Office after land units, the location of a written application addressed to the Commission.
14. the application shall show the following: 14.1. If the application is lodged by the cadastral land surveyors-land in trying natural person certified – land cadastral operators determine the name, certificate number;
14.2. If the application is lodged by the cadastral land surveyors-land in trying a licensed legal person, its name, registration number and the representative's name and contact information (attach proof of authorisation);
14.3. the surveyor, address and other contact information;
14.4. the requirements to be description of the content and grounds of the action according to the provisions of this paragraph 3 and 5.
15. The rules referred to in point 3.1., land surveyor, in the event of a dispute, the application shall be accompanied by: 15.1 in respect of the land unit — uzmērām decisions on land allocation and its graphical annex;
15.2. the land boundary survey and Recovery Act (certified copy), which is signed by the surveyor, and land units pierobežniek that don't mind – if the dispute occurred in the land of the user for whom the Earth the unit boundaries are instrumental in uzmērīt or is determined by graphical methods, but the ground is not recorded in the land unit;
15.3. the land border demarcation Act (certified copy), which is along land surveyors had written and they ground the unit pierobežniek with no objection, when first land border units;
15.4. land border control regulations in the order presented to the opposition (original);
9.6. frontier dispute raising abris;
15.6. the graphical (plan) material in appropriate scale, where: off-road situations depicted 15.6.1.;
15.6.2. displayed in certain disputes land surveyors at the location;
15.6.3. the specified border location according to the land boundary dispute the view of the parties involved;
15.6.4. displayed on land allocation decision in the graphical limits indicated in the annex;
15.7. to this rule and 15.6.1, 15.6.2.15.6.3. the information referred to in the technical documentation to determine – (national geodetic network in the backbone or installed, determine the point data, installed in the network diagram, determine the measurement data, determine the abris, calculations and the results of calculations) for land surveyors of the measurements taken.
16. The rules referred to in point 3.2, land surveyor, in the event of a dispute, the application shall be accompanied by: 16.1. decision on granting the land and its graphical attachment if the opposition expressed by the land user;
16.2. the land boundary survey and Recovery Act (certified copy), which shows the objections expressed, and which is signed by the surveyor, and land units pierobežniek that have no objection;
16.3. termination provisions;
16.4 15.5. these provisions, 15.6 and 15.7 below. the documentation referred to in point.
17. in paragraph 5 of these rules in the case of land surveyors, the application shall be accompanied by the cessation of employment laws and the documents on the basis of which a decision has been taken on termination Act.
18. Prior to the application of the surveyor, surveyed the land and restore the uzmērām border around the perimeter of the unit, with the exception of those provisions referred to in paragraph 5 of cases or individual cases, be determined by the Commission.
19. If the land dispute has ended, land surveyors in writing a reference application, submitting an application for land border dispute. The application shall specify the conditions for the termination of the dispute. If the application is lodged after the Commission of the specific land border dispute handed down its decision, the Commission shall assess whether the land border dispute is resolved, and decide on the validity of the withdrawal of the application. If the surveyor, 10 days after a land dispute arose shall submit an application to the Commission or to not unduly reference applications, land border dispute on the parties involved in the armed action (inaction) can lodge a complaint with the State land Department Director-General.
V. decision and notification of the Commission shall examine the application in accordance with the administrative procedure law.
21. When examining an application, the Commission shall evaluate whether: 21.1. the decision on the land border dispute involving land allocation of units of graphical attachments are appropriate;
21.2. land settlement uzmērītaj land units, one of which land is recorded in the land, but the other is not, the land boundary plans is appropriate;
21.3. the land boundary plan is drawn up according to the decision on the ground of the award graphic annex;

21.4. surveyor, land border area is updated according to the land boundary plan or specified according to the decision on the ground of the award graphic attachment.
22. If the decision you need to check the land borders, the Commission designated specialist shall take appropriate action in the area and draw up a border inspection, as well as determine the abris indicates a control. The Commission, with the land dispute, the parties involved agree (via telephone or electronic means) of land border inspection and its duration. If the land dispute of the parties involved in such communication is not possible or agreement can be reached, the Commission shall send the invitation 10 days in advance by mail.
23. If the land dispute, invited the person involved does not appear on the land border checks or provide access to, to check the land borders, the Commission shall draw up a specialist designated Commission termination Act (annex), and the Commission shall take a decision on the postponement of the case, and for the purposes of the suspension of the period with the condition to continue the proceedings after disturbing circumstances. The person shall notify the Commission in writing of the time when she will be able to come to the land boundary check.
24. the Commission adopted the decision to reject the opposition, which is the basis for land border dispute, and determined to continue land cadastral works, determine if it is found that: 24.1 the boundaries of land surveyors. is updated according to the land boundary plan, land planning is made according to the requirements of the law and the decision on granting permanent land units in use in graphic complies with the annex as regards the land unit of the uzmērām of a decision on granting the land graphic annex;
24.2. surveyor, land borders are determined according to the decision on the allocation of land to the annex and the graphic relating to the land boundary dispute land units involved in the decision to annex land graphics assignment is appropriate.
25. If the Commission finds that land surveyors, land borders are not updated according to land boundary plan or the specified according to the decision on the allocation of land to the annex, the Commission, the graphic may be commissioned work, according to the documents.
26. If the Commission finds that a land surveyor, unit boundaries, to which property rights are not enshrined in the land registry, updated according to land, but the land plan is prepared according to the requirements of the laws and decisions on land allocation for graphic annex, the Commission shall take a decision on the land plan of withdrawal land units and repeated border demarcation according to the decision on the allocation of land to the annex, as well as the graphic on the land border dispute marks recording the State of real estate cadastre information system ground units that affect land border dispute. The decision to add a picture attachment, which depicts the border the correct placement.
27. If the Commission finds that a land surveyor, unit boundaries, which is recorded in the land register, updated according to land, but the land plan is prepared according to the requirements of the laws and decisions on land allocation for graphic annex, the Commission shall take a decision on termination of the land border dispute marks recording the State of real estate cadastre in land information systems entities affecting land border dispute, and the dispute resolution procedures of future liability.
28. If the Commission finds that, with respect to the parties to the dispute ground units of the decisions taken on land allocation graphical attachments not mutually consistent, the Commission shall draw up the appropriate graphical attachment, as well as graphical attachment, which reflects the low border between units of mismatch, or indicate that the land border is not designed according to the actual situation (area not observed object location area, or there are errors in the graphical reference material used) and ask for the local or Central Land Commission who decided on the allocation of land (hereinafter referred to as the responsible institution), a graphical attachment and to take a decision on the land border and the area of the unit clarification if necessary. Authorities to answer the Commission shall take a decision on the postponement of the case, and for the purposes of the period of suspension.
29. If the Commission finds that, in respect of the dispute of land units adopted a decision on the allocation of land is not a graphical annex, the Commission will prepare appropriate graphical attachment, and ask the responsible body to coordinate and to take a decision on the land border and the area of the unit clarification if necessary. Authorities to answer the Commission shall take a decision on the postponement of the case, and for the purposes of the period of suspension.
30. If the Commission finds that, in respect of the dispute of land units adopted a decision on granting the land has two or more different graphic attachments, assessed by the Commission and after receiving the opinion of the institution responsible to decide which of those forms must be approved. If necessary, the Commission shall prepare a new graphical attachment, and ask the responsible body to coordinate and to take a decision on the land border and the area of the unit turning. Authorities to answer the Commission shall take a decision on the postponement of the case, and for the purposes of the period of suspension.
31. If the responsible authority with a new decision agreed graphical attachment and, if necessary, been taken a decision on the land border and the area of the unit updating the land unit, where property rights are not secured, the Commission shall take a decision to continue land cadastral trying jobs according to the documents. On the ground the boundary changes of the unit to which the right is enshrined in the land register, the municipality agreed with the landowner. If agreement is not reached, the interested party the question addressed in the procedure prescribed by law.
32. the Commission may adopt other decisions in a situation not mentioned in these regulations.
33. If the surveyor prepared and submitted documents are not completely formatted or does not meet the regulatory requirements, the Commission shall defer to the lack of adoption of the decision. The application shall be deemed to have been filed at the time when all the necessary documents.
34. If the land dispute involving land units, the boundary coincides with the administrative boundaries or cross it and have the opportunity to turn to two different chapters of the Regional Commission, a regional chapter of the Service Commission or city land Commission (if any) that is located on the land unit with uzmērām disputes, or at the most.
35. the Commission shall adopt a decision on the refusal to examine an application, if: the application received 21.8. from a person who is not entitled to file the application;
35.2. land border dispute is for ground units that are recorded in the land register, except for this provision to cases referred to in point 3.2;
35.3. on the same subject and on the same basis for land border dispute has already accepted the decision of the Commission or (if this is disputed), Director-General of the national land service of the decision or judgment of the Court of Justice that law has entered into force;
35.4. If proceedings have been initiated on the ground at the location of the unit;
22.1. the issue is referred to does not comply with the Commission's competence.
36. the Commission, in which the participating invitees, recorded. The Protocol specifies the convocation of the meeting location, date, the composition of the Commission, and invited to come, the invitee's views and arguments.
37. The Commission is empowered to conduct hearings audio or video record, informing the assembled company.
38. If either party expected adverse decision of the Commission, the Commission shall inform the person concerned of its decision and provide reasons, as well as ask the person concerned to express its views and arguments. Orally the views expressed and the arguments of the Commission can be recorded in the minutes of the sitting. If the Commission is asked to make their views known in writing, providing the point of view shall fix a time limit which shall be not less than 20 days from the date of dispatch of the letter.
39. the Commission's decision without land border dispute in the presence of the persons involved.
40. the Commission's decision shall be signed by the Chairman of the Commission and the members of the Commission. The annex to Commission decision of graphic, if applicable, the signature by the Chairman of the Commission.
41. The decision taken by the Commission shall notify the land involved in the dispute, which affected the decision, sending the decision by registered mail or the issuing of a decision against signature.
42. the State real property cadastre in land information systems unit is the land border dispute tag does not allow land cadastral trying new things. Tag removed: 42.1. based on the decision of the Commission which have entered into force or, in the case of contestation based on State land service of the Director-General;
26.2. The State land service the Court ruling on the dispute;
26.3. after trying the relevant cadastral work is undertaken in accordance with the Commission or the Director-General of the national land service of the decision or ruling, and registered in the real property cadastre of the State information system.
Prime Minister i. Godmanis Justice Minister g. Smith

Editorial Note: the entry into force of the provisions with the July 12, 2008.
Annex to the Cabinet on July 7, 2008. the Regulation No. 522 Justice Minister g. Smith