Amendments To The Law "on Property Expropriation State Or Public Needs"

Original Language Title: Grozījumi likumā "Par nekustamā īpašuma piespiedu atsavināšanu valsts vai sabiedriskajām vajadzībām"

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Cabinet of Ministers Regulations No. 17 in Riga on 11 January 2005 (pr. Nr. 3 §) 31. Amendments to the law "On property expropriation State or public needs" issued in the Republic of Latvia article 81 of the Constitution in order to make the law "on property expropriation in the public or the public needs" (the Republic of Latvia Supreme Council and Government Informant, 1992, 39./40./ the following amendments: 1. Express 4 and article 5 by the following: "article 4. After the entry into force of the law on the real property disposal public or social needs, the State or the municipality acquire title to the immovable property and is entitled to request to be fixed in the land register law. "
5. article. The institution to which the basis of a proposal from the disposal takes place, following the entry into force of the Act offers real estate seized in former owner at its sole discretion fair compensation or equivalent. "
2. Express 7, 8, 9, and article 10 by the following: ' article 7. Strengthening land book title to land, seized it over the State or municipal property free of any lien, if seized in the plot area does not exceed 20 percent of the whole of the owner's land.
8. article. Interested persons about the good Earth book marked any rights to the land seized, at their request, receive the benefits of the entire amount due them in order, but not more than the amount of the remuneration.
9. article. If agreement is not reached, the dispute over the size of compensation or the way in court. Institution or a former owner in this case are exempt from the payment of the costs of the national income. The initiation of the dispute about the size or type of remuneration does not stop the transfer of immovable property in the possession of its institutions, which needs their forfeit.
Receives the application, court instructing the bailiff under the laws of the Latvian civil procedure to describe and evaluate real estate seized by the institution, which needs real property alienated, and the former owner, as well as three experts by mutual agreement. If within the time limit fixed by the Court, no agreement has been reached, the experts call on the Court. Rejection of the experts allowed if there are circumstances which give rise to justifiable doubts as to his impartiality.
If the former Governor of the owner or his place of residence is unknown, he is invited by the publication in the Official Gazette, stating that they must arrive during the month. If not, during that period no former owner nor his attorney, former owner of the interest for the protection in law of appointed patron.
If the institution of the seized real estate property gives a lower estimate of its mortgage debt, they also seized in assessment pieaicinām estate mortgage creditors whose address is known.
10. article. The institution, which needs disposal takes place, to be submitted to the Court a notice stating the price it has specified the seized real estate property, and its justification. Copies of this notice are to be served on the property's former owner and his mortgage creditors if their addresses are known, and if they are asked to describe and evaluate real estate. "
3. Make the article 12 by the following: ' article 12. After the description of real estate over the possession of the body, which needs their forfeit. The transfer of possession also occurs when acquiring property rights not yet secured the land book. If the property is not being released, after the institution voluntarily request that needs real property seized, the Court decides on the admission of possession of real property.
Disposal of residential house (apartment), in which its owner or his family members, the body they must be provided with other equivalent living space. The right to provide residential space to be retained for one year after the consideration of costs. "
4. Replace article 13, the word "owner" (the fold) with the words "former owner" (fold).
5. in article 16: make the first paragraph by the following: "court proceedings upon the former owner, a representative of the institution, which needs real estate and seized the mortgage vendors.";
replace the second paragraph, the word "owner" with the words "former owner".
6. Express article 17, the first paragraph by the following: "after the judgment of the Court of the amount of remuneration has become final, it shall be payable to a former owner in consideration by the Court, and the Court determined the interest, but no less than six per cent per year from the law on the real property expropriation in the date of its entry into force until the date of payment."
7. Turn off the article 18.
Prime Minister a. Halloween Culture Minister h. demakova Editorial Note: rules shall enter into force on 14 January 2005.