Equivalent Compensation Of Land For The Creation Of The Fund, As Well As The Procedure For The Calculation Of The Value Of The Former Land Ownership, It Was July 21, 1940, And The Order In Which The Land Is Granted The Equivalent Of The Former Land Own...

Original Language Title: Līdzvērtīgas zemes kompensācijas fonda izveidošanas kārtība, kā arī kārtība, kādā aprēķina bijušā zemes īpašuma vērtību, kāda tā bija 1940.gada 21.jūlijā, un kārtība, kādā tiek piešķirta līdzvērtīga zeme bijušajiem zemes īpašniekiem vai viņu mantiniekiem

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/176327

Cabinet of Ministers Regulations No. 352 in Riga, 19 May 2008 (pr. No 31 29) equivalent to the ground for the creation of the compensation fund, as well as the procedure for the calculation of the value of the former land ownership, it was July 21, 1940, and the order in which the land is granted the equivalent of the former land owners or their heirs, in accordance with the Issued State and municipal property privatization and privatization certificates of completion of the law on the use of the third paragraph of article 26.1. General questions 1. fixing the equivalent land compensation fund arrangements in cities as well as the order in which the calculated value of the former land ownership, as it was on July 21, 1940, and the order in which the land is granted the equivalent of the former land owners or their heirs. 2. equivalent of land granted to former owners or their heirs (hereinafter the applicant) that legislation submitted request within the time limit set for the restoration of land property rights to land on the property equivalent of not renewed, 21 July 1940 in the land belonged, or part thereof (hereinafter referred to as the former land ownership) of the same city administrative territory, provided that no refund has been granted or the equivalent. II. procedures for the establishment of the Fund. the Fund will create a 3 City (district) Council decision on the establishment of the Fund. 4. the Fund in accordance with the procedure laid down in these provisions shall be included in the administrative territory of the town land, which according to the law "on State and local land ownership rights and the consolidation of the land" in the third paragraph of article 4.1 and article 6, first and fifth of used land reform is complete. 5. at the request of the applicant, the Fund can include ground intermediate if it bordered on land owned by the applicant and the town (district) Council has not taken a decision on its jurisdiction in accordance with the law "on State and local land ownership rights and the consolidation of the land" in article 3, second paragraph, point 4. 6. Intermediate, which is included in the Fund pursuant to the provisions of paragraph 5, may be granted ownership of the land just as the equivalent to the tenderer, who suggested the inclusion of the intermediate Fund. If the applicant's former land value is lower than the Fund's intermediate in the cadastral value, the difference between the equivalent granted land cadastre and land ownership in the former value shall be borne by the applicant, as a means of payment through privatisation certificates or lats. Means of payment chosen by the applicant. 7. The city (district) Council shall take a decision on the inclusion of the Land Fund, if the administrative territory of the town is found the rule referred to in paragraph 4 below, as well as the rules referred to in paragraph 5. 8. prepare the Land (including creation) for inclusion in the Fund in accordance with the requirements of the laws of the city (district) Council. The land to be included in the Fund shall be made according to the approved local government planning, giving them access to (other than intermediate). 9. the decision on the inclusion of the Land Fund shall specify: land cadastre 9.1;
9.2. land area, indicating whether it is uzmērīt or not uzmērīt;
9.3. the site address, if one has been assigned;
9.4. the cadastral value of the land, calculated as the historical cadastre value on December 31, 2007;
9.5. the planned land (allowed) in accordance with the approved planning;
9.6. the site is intermediate (if it is) and that the applicant's proposal included the intermediate Fund;
9.7. the land lien, if any. 10. Municipal Land Fund, shall be recorded in the electronic register (hereinafter referred to as the Fund) and the State: 10.1. date and number of the decision, on the basis of which the land included in the Fund;
10.2. This provision of the information referred to in paragraph 9;
10.3. notes that the site is accepted for starplēmum (the opinion) (hereinafter referred to as the starplēmum) for granting to the applicant. Indicates the date and number of starplēmum. 11. If the site is included in the Fund, the city (district) Council can by a new decision not to cancel the decision taken on the inclusion of the Land Fund. The land from the Fund excludes: 11.1. without the city (County) Council decision: 11.1.1. If the Land Fund is granted to the applicant;
11.1.2. the basis of the judgment of the Court of Justice, with which to fund the land included in the refurbished property right;
11.1.3. If exhausted this provision referred to in paragraph 6 (the applicant or tenderer withdraws proposal to terminate ownership rights to land, bounded by the intermediate);
11.2. to motivate the city (district) Council decision where: 11.2.1. is planning new or amended the existing planning and therefore the land fund cannot be granted to the applicant;
11.2.2. the Land Fund will need State or local authorities for the implementation of the function. 12. The town (district) Council shall be published in the local newspaper (if one does not exist, the district newspaper) information about the inclusion of land fund or from the Fund, as well as send the decision on the inclusion of the Land Fund of the State land service real estate national cadastral data updating of the information system. 13. local fund list updated, publish your website on the internet and put people in the local space available the next working day after the entry into force of the decision on the inclusion of the Land Fund or the exclusion of land from the Fund. III. modalities of equivalent Earth 14. applicants the equivalent of land granted, if such rights are recognized: 14.1. local decision taken until 15 November 1995;
14.2. the urban land Commission decision or opinion;
14.3. the Central Land Commission decision adopted law prescribed;

14.4. the judgment of the Court of Justice. 15. Urban Land Commission until July 31, 2008. recorded for the mailing address of the applicant or, in the absence thereof, to the declared place of residence address on the covering letter sent to the applicant a notice of the former land ownership to 21 July 1940, as well as inform you about the city (district) Council established the Fund and equivalent rights under these rules. The city's Land Commission simultaneously with the notification may be sent to the applicant the equivalent piece of land supply (hereinafter referred to as the land of the offer) and application form (annex 1) with a request for a month from the date of receipt of the notification to inform about your choice, send a completed application form. The offer of land is considered to have been received on the seventh day of service at the post office. 16. If the tenderer until September 1, 2008, these provisions referred to in paragraph 15 of the statement is not received, the applicant shall inform in writing the ground of the City Commission. 17. All applicants shall send simultaneously to offer land to which they are entitled to claim, and the equivalent award of land application form (annex 1). The site offers for each piece of land indicates that rule the information referred to in paragraph 9. The land on which the Fund has a check mark in the list that it is adopted in respect of the granting of starplēmum dent, preten other tenderer does not offer, except when this starplēmum later repealed. 18. The applicant from the land offer land selection, the cadastre value does not exceed the value on the former estate of 21 July 1940, or below it, except for this provision, paragraph 21, case where the applicant chooses the offer of land from the land, the area of which exceeds the municipal territory planning the minimum land area. The municipality of binding rules may provide for a limit on the number of plots, the applicant can choose from land deals. 19. the applicants submit a notarized (or urban lands certified by the Commission) signed a joint agreement with the fractions in which the land to be granted equivalent to each applicant may apply for one equivalent piece of land grant shared ownership (annex 2). The applicant (or one of the applicants), made an agreement in the town Land Commission. 20. The applicant within one month from the date of receipt of the offer of land for their choice in writing notify the city land Commission by sending the completed application form. Indicate the selected land in the form of priority order with the order number. If the applicant within the time limit set for your choice not notify or do not agree to the proposal, the city's land, the Commission sent the applicant the next piece of land the bid, if any. 21. The tenderer to whom the property right is not renewable under the law "on land reform in the cities of the Republic of Latvia" article 12, first paragraph, point 3 and the former land ownership value is so low that the municipality concerned it is not possible to create a Fund in favour of the land, shall be entitled to acquire property in the Land Fund as the equivalent piece of land in that area does not exceed municipal planning the minimum land area. The difference between the equivalent granted land cadastre and land ownership in the former value shall be borne by the applicant, as a means of payment through privatisation certificates or lats. Means of payment chosen by the applicant. 22. If on one piece of land equivalent to applying more bidders, the land of the tenderer to whom the former land ownership in the law "on land reform in the cities of the Republic of Latvia" article 12, first paragraph, point 3 of the mentioned objects. If there are several such applicants or there is no such applicant, tenderer of the land where the former land of the value of the property is the biggest (if there are several applicants with equal the largest former land value of the property, the city (district) Council take the drawing lots). 23. If in accordance with the provisions of paragraph 18 of the said conditions of the applicant's choice more equivalent land, he assigns them the equivalent piece of land, which he in accordance with the provisions of paragraph 20 was chosen as the first priority. 24. Land supply and land send request appearance regardless of the date of submission of the application by the applicant, the date of adoption of the decision of the municipality or the judgment of the date of entry into force. 25. The applicant's choice approved by the City Commission starplēmum on Earth the equivalent land. Starplēmum adds a graphical annex land-land scheme (prints of cadastral maps) (annex 3). Plots a graphical attachment prepares a State land Department or municipality, which is the last available current cadastral data. 26. The town Land Commission starplēmum and the site's graphic annex a month from the date of starplēmum the State land service shall be submitted for registration in the real estate cadastre of the State information system. Starplēmum is a framework to carry out land cadastral trying. On the basis of the land boundary plans, urban land Commission shall take a decision on the transfer of land equivalent to the property. IV. The former land ownership value calculation procedures 27. Request the former land ownership value calculation (request) the State land Department shall submit to the municipality or town Land Commission. The request shall be accompanied by: 27.1. one of the provisions referred to in paragraph 14 of the document;
27.2. the former land ownership in graphical representation;
27.3. any of these documents, which certify the value of the land until 21 July 1940, when the municipality or town Land Commission that is the reference on the land: 27.3.1. market value;
27.3.2. land purchase agreement;
27.3.3. mortgage records in the land;
27.3.4. cadastral valuation of land;

27.3.5. another document certifying the value of the land until 21 July 1940. 28. If the municipality or town Land Commission has more in this rule 27.3. the documents referred to in the request shall be accompanied by the latest document. 29. If the municipality or town Land Commission does not have one of this provision 16.3. documents referred to, but is designed for the historic value of the land or zoning has been adopted decision of the City Council, which approved the land up to the market value of 21 July 1940, in the request specifies the documents that the former property closer to one square metre of land market value. 30. The former land of the value of the property the State land service calculates the 14 days after the municipality or town Land Commission's receipt of the request. 31. If the municipality or city land State land service, the Commission has not presented any of this rule 27.3. the documents mentioned in the paragraph below, as well as the former is not specified in the request to bring in one property per square metre of land market value, the State land service of the former land ownership value calculation: 31.1. using market price level closer to the market value of the land, determined by analyzing information about the real estate market to 21 July 1940. 16.3. These provisions in the documents referred to in the market value of the specified territorial attracts the city's building plan, identify the former land ownership of land in the vicinity of the market value of the land and the determinants (such as the purpose, area) in comparison with land ownership, which must determine the value. Several former land nearby similar plots to determine the average value per square metre and is attributed to the former land ownership as the market price level closer to the market value of the land;
31.2. the former rural lands, located in the city's current administrative areas, adjacent to the County the mean Earth balls, assessments in accordance with the Council of Ministers on 10 February 1993, decision No. 66 "On approval of the regulations of the Act the privatisation of land in rural areas". 32. The former land ownership value is calculated using the following formula: Vb = V x x F UP where former land-Vba property value in dollars;
F – former land area or part of the area in square metres;
V – the former land ownership or the market value of the land market value closer to 21 July 1940 in lats per square metre;
KL-factor 1924.-1941-lat (hereinafter referred to as the pre-war lats) values for the current lats value of the conversion. 33. the ratio of the value of the late pre-war conversion for the current lats value calculated in the State land service, using the following formula: UP = K1 x K2 which PRESENT CL – coefficient of pre-war lat for conversion of the current dollar value; CL-Latvian Bank one gram gold rate in the last four weeks before the date of receipt of the request of the local government; K1-one gram of pure gold average price in United States dollars on the world market in the year in which the documents are drawn up, that is used in the former land ownership value calculation (annex 4); K2 – United States dollar average pre-war lats for the year in which the documents are drawn up, that is used in the former land ownership value calculation (annex 4).
34. If the former land ownership values used in the calculation: 34.1. zoom in the land market value — this rule referred to in paragraph 33 shall apply to K1 and K2 in 1940;
21.3. documents drawn up until 1924, – this provision referred to in paragraph 33 shall apply to K1 and K2 to 1924. 35. the national land service issues or by cover letter the municipality or city land to a former Land Commission value calculation protocol. Protocol: 21.8. former address land ownership;
35.2. the former land ownership group and the bottom number;
35.3. the former land, or any part of it;
35.4. the date when received municipal or city land at the request of the Commission on the former land of the value of the property;
22.1. the documents used by the former land ownership value calculation;
35.6. the former land ownership value calculation;
22.2. the estimated value of the former land ownership. 36. The former land ownership value calculation protocol person can challenge a month from the receipt, by the Director-General of the national land service of the application. 37. The former land ownership value calculation protocol and former land property value used in the calculation of the documents kept in a permanent state land service archives. V. concluding questions 38. These provisions in the said equivalent land cadastre value is what it was 31 December 2007 and which is calculated as the historic cadastral value. 39. the Fund with the City Council decision establishes, within three months from the date of entry into force of the provisions. 40. The equivalent land, which up to this date of entry into force of the provisions was included in the equivalent land compensation fund in accordance with the Cabinet of Ministers of 29 august 1995 No. 264 of the provisions of the "rules for the implementation of land reform in cities ' 53, included in the Fund with a new City Council decision, except for the land on which the city's land has been taken by the Commission as equivalent starplēmum for land allocation of land ownership. Prime Minister i. Godmanis Justice Minister g. Smith annex 1 Cabinet 19 May 2008 regulations no 352 Equivalent award of land application form by the Minister of Justice g. Smith annex 2 Cabinet 19 May 2008 the Regulation No Application model for land 352 award owned jointly by the Minister of Justice g. Smith annex 3 of the Cabinet of Ministers of 19 May 2008. Regulations No 352 land graphic annex g. Smith Minister of Justice annex 4 of the Cabinet of Ministers of 19 May 2008. Regulations No 352 one-gram pure gold average price United States dollars on the world market and one United States dollar average in 1924-1941 in LCY, no PO box year one gram pure gold average price in United States dollars on the world market (factor K1) United States dollar average in 1924-1941 in LCY (factor K2) 1.0.6650 5.1830 2.1924 1925 1926.0.6650 5.1830 0.6640 5.1830 3 4 1927.0.6640 5.1830.0.6630 5.1800 1928 6.5 1929.7 0.6620 5.1850 8 0.6620 5.1850.1930.1931 0.6620

9.5.1850 1932 1933 1.1250 3.1260 10 11 1.1250 3.1260.1934 1935 12 13 1.1250 3.1260 1.1250 3.1180 1936.14.1937 1.1250 5.1000 1.1250 4.1090 15.1938 1.1250 5.1650 16 1939.17.1940 1.1250 5.3000 1.1250 5.3000 18.1941 1.1250 5.3000 Minister of Justice g. Smith