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Procedures For Determining Equitable Remuneration For Public Purposes Enforceable Real Estate

Original Language Title: Kārtība, kādā nosaka taisnīgu atlīdzību par sabiedrības vajadzībām atsavināmo nekustamo īpašumu

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Cabinet of Ministers Regulations No. 204, Riga, 15 March 2011 (pr. No 16 of 40) procedure for determining equitable remuneration for public purposes enforceable real estate Issued in accordance with the needs of society in need of disposal of immovable property law article 20, second subparagraph, and article 24 of the law of energy 1.2 part i. General questions 1. determines the order in which determine the equitable remuneration for public purposes enforceable real estate (hereinafter referred to as the reward).
2. Damages that property seized in the former owner of the immovable property arising in the process of disposal and not included in the remuneration or arose after expropriation of immovable property, the national regulatory authority or authorities responsible for the needs of society (hereinafter referred to as the authority) shall, without application of the procedure laid down in these provisions. These damages, on the basis of the immovable property seized in the former owner's petition, which added to the document, stating the extent of damage. If the institution does not pay the damages referred to in this paragraph or reimburse them part, seized the estate's former owner have the right to go to court, the civil procedure law.
II. Remuneration Commission 3. Remuneration for the institution creates a remuneration Commission (hereinafter the Commission) for not less than five members.
4. If the institution of the real estate needs of society alienates regularly, the institution shall have the right to establish a permanent Commission.
5. the Commission shall include institutions, its subordinated institutions, national or local government agency concerned, the representatives of the Corporation, in which the body is part of the capital or of the holder, the person whom the institution, has delegated your tasks.
6. the Commission shall include at least one member of the Commission, which has higher legal education (mastered the academic programs of study in law or second level higher professional study programmes in law, obtaining a legal adviser or lawyer's qualification), and at least one Member who is a second-level higher education finance or accounting.
7. the Commission's work, the President of the Commission. The President of the Commission in the absence of the Commission's work Vice-Chairperson of the Commission. The Commission's Chairman and Vice Chairman of the Commission shall be appointed by the authority from among the members of the Commission.
8. the Commission shall be valid if at the hearing the Commission participates in more than half the members of the Commission, including the provisions referred to in paragraph 6, the members of the Commission. All decisions of the Commission vote. The decision has been made, if you vote the majority of the members of the Commission. If the vote splits similar to, the President shall have a casting vote, or in the absence of the President, the Vice-President of the Commission.
9. the meetings of the Commission are recorded.
10. the Commission's procedural actions and decisions are not open to appeal or dispute separately. The remuneration laid down in the decision of the institution and the amount of seized real property owner can challenge the action in court. The dispute about the institutions determine the remuneration and the extent of the Court's civil procedure law.
11. Remuneration, the Commission is entitled to a hearing by the Commission invite experts and professionals. Expert and expert meetings of the Commission but without the right to vote, have the right to make independent professional opinion.
12. to ensure full information, the Commission is entitled to any remuneration to convene the Commission in the course of the hearing, inviting to the seized real estate owner.
III. Remuneration for obtaining the necessary information to determine the remuneration of the 13, the institution sent or include the needs of society in need of disposal of immovable property law article 18, second subparagraph, the invitation to the said notice of movable property owners to submit the following information: 13.1 for movable and real estate documents, which describe the seized real estate, including documents that describe its composition, position on the gulstoš load and hassle , profitability, and other documents about seized real estate, which could affect the movable immovable property value;
13.2. for damages which the owner of real property may occur if the real property would be forfeited, and the possible extent of damage, as well as those losses and the scope for supporting documents;
13.3. for engineering structures and utilities, in accordance with the needs of society in need of disposal of immovable property article 24 of the law in the first part of seized real property owner requires the institution of constructing.
14. in paragraph 13 of these rules with the invitation in the body specifies the information and documents of the period, which may not be less than 30 days from the date of receipt of the notification or, if the seized real estate owner's place of residence is unknown, from the publication of the notice in a newspaper "journal".
15. If the movable property of the owner of this provision in paragraph 13 of the information and documents within the time limit specified or has not submitted the institution determines that the information supplied is incomplete, the information relating to the seized property and use of the institution in accordance with the needs of society in need of disposal of immovable property law article 8, paragraph 1, second subparagraph is obtained from other institutions.
16. In accordance with the provisions of paragraphs 14 and 15 of the obtained information and documents, the institution shall submit to the Commission for assessment. If the documents submitted are not institutions of sufficient remuneration, the Commission asked the institution to obtain additional documents seized from the property of the owner or in accordance with the needs of society in need of disposal of immovable property law article 8, paragraph 1, second subparagraph of the other institutions and to submit it to the Commission or the additional information the Commission hearing that invited seized real estate owner.
IV. Movable property assessment 17. For information on the seized real estate and movable real estate representative evaluation of the documentation, the Commission shall adopt a decision establishing the terms of reference for certified real estate appraiser. That decision, the Commission shall submit to the institution, adding information on the seized real estate and movable real estate representative a copy of the document.
18. Movable property assessment institution for public procurement law, select certified real estate appraiser.
19. the institution shall submit a certified real estate appraiser has produced a work task, the available information on the seized real estate and movable real estate representative a copy of the document, as well as determining the date until which a certified real estate appraiser shall submit to the institution of the seized real property valuation. That period may not be longer than 30 days from the date on which the institution issuing the certified real estate appraiser for seized real estate evaluation copies of required documents.
20. Movable property be invited to participate in the survey of seized real property owner.
V. determination of the extent of 21. After assessing the information and documentation on the losses, which seized the property owner could occur if the property is to be disposed, the Commission takes a decision. The decision shall specify the extent of the injury, which will determine the Commission itself, and the extent of the injury, which proposes to ask to identify certified real estate appraiser or other experts or specialists. That decision, the Commission shall submit to the institution. Added information about the extent of those losses, which proposes to ask to identify certified real estate appraiser or other experts or professionals, and for determining the extent of the required copies of the document.
22. If the institution supports this provision 21. the decision referred to in paragraph 1 of the proposal included in the extent of damage to ask to determine the Commission and certified real estate appraiser or other experts or specialists, compensation for damages, which seized the property owner could arise in connection with the disposal of immovable property shall be determined by the Commission or by certified real estate appraiser, or other expert or specialist. If the institution does not support this provision of paragraph 21 of that decision included the suggestion to ask the extent determine the certified real estate appraiser or other experts or specialists, compensation for damages, which seized the property owner could arise in connection with the disposal of immovable property shall be determined by the Commission.

23. If the community needs is part of the forfeited property, damage, consisting of the remaining real estate impairment of part or the remaining parts of the real estate value is determined by the provisions of paragraph 18 of the procedures specified in the chosen certified real estate appraiser.
24. instructs the damage discovery, certified real estate appraiser or other expert or professional institution set a time-limit within which to determine the extent of damage. That period may not be longer than 30 days from the date on which the institution issuing the certified real estate appraiser or other expert or professional information about the injury and for the determination of the extent of the required copies of the document.
Vi. Consideration of evaluation 25. after the institution filed a certified real estate appraiser prepared seized real property assessment and the statement that the amount charged to identify certified real estate appraiser or other experts or specialists, the Commission shall examine the documents and calculates remuneration.
26. following the consideration of the Commission shall convene a meeting to evaluate the calculated compensation. The Commission shall invite: 26.1. movable property ownership;
26.2. If needed,-certified real estate appraiser, who produced the seized real estate appraisal or specified the extent of damage;
16.3. If necessary, other experts or specialists that have determined the extent of damage.
27. this invitation to the rule referred to in paragraph 26 the hearing seized real estate owner sent at least 30 days in advance. The invitation shall calculate compensation, information, a civil engineering and utilities authority structures at their own expense in accordance with the needs of society in need of disposal of immovable property article 24 of the Act, a request to dispose of the property owner to submit written views and arguments on the amount of remuneration, as well as to inform, if he does not want to participate in the consideration of the Commission at the hearing evaluation. The invitation shall be accompanied by movable property assessment, a copy of the statement and the extent of damage, copies of the supporting documents.
28. If the seized real estate owner to this rule 26 the hearing referred to in paragraph 1 shall inform the institution that agrees with this provision in paragraph 27 that the remuneration specified in the invitation, or in writing, that the Commission did not attend the hearing, the Commission is entitled, informing the invitees, to convene a meeting of the Commission for consideration and approval the remuneration specified in the invitation before the deadline.
29. The rules referred to in paragraph 26 of the hearing, the Commission presented the seized real estate owners with information and documents justifying the consideration set, hear the seized real estate owner's views on remuneration and its extent, answer the questions about the seized real property assessment, injury, their extent and invited persons or request clarification on these issues.
30. If the movable property owner pending the Commission's decision on the approval of the amount of remuneration shall submit a certified real estate appraiser prepare seized real property assessment or statement that the institution is asked to establish a certified real estate appraiser, and it differs from the institution selected certified real estate appraiser in the movable property valuation statement, the institution of the two movable real estate reviews the income statement shall be sent to the opinion of society "Latvian Association of property appraisers".
31. "the Latvian Association of property appraisers" 30 days to dispose of the real property assessment or statement of receipt of assessed them and give an opinion on their compliance with the laws and institutions of a given task.
32. If the "Latvian property Appraisers Association", the opinion stated that the institutions choice of certified real estate appraiser prepared seized real estate evaluation statement or both certified real estate appraiser prepared seized real estate appraisals and estimates of losses complies with the requirements of the laws and institutions of a given task, the Commission shall decide on the approval of the amount of remuneration subject to the institution's choice of certified real estate appraiser in the movable property valuation and loss calculation.
33. If the "Latvian property Appraisers Association" opinion indicated that both the certified real estate appraiser prepared seized real estate appraisals or loss do not comply with the requirements of the laws and institutions of a given work or exercise, the body, assessing the utility, do one of the following: 33.1. asks the institutions selected certified real estate appraiser to prevent Latvian Association of property Appraisers Association "in the opinion of the flaws;
33.2. paragraph 18 of these regulations in accordance with the procedures specified in choose a certified real estate appraiser and repeat the movable immovable property valuation according to the rules of procedure provided for in chapter IV or certified real estate appraiser in the prepared statement included the determination of the level of under this provision in chapter V procedure.
34. If the "Latvian property Appraisers Association", the opinion stated that the institutions choice of certified real estate appraiser prepared seized real estate evaluation statement does not comply with the requirements of the laws and institutions of a given job or task, but the property owner's choice of certified real estate appraiser prepared seized real estate valuation and loss statements correspond to the requirements of the laws and institutions of a given task, assessing the effectiveness of the institution, , perform one of the following: 34.1. instructs the Commission to decide on the approval of the amount of remuneration, subject to a property owner's choice of certified real estate appraiser in the movable property valuation and loss;
21.3. asks the institutions selected certified real estate appraiser to prevent society "Latvian property Appraisers Association" opinion identified deficiencies;
21.3. the provisions of paragraph 18 of the procedures specified in choose a certified real estate appraiser and repeat the movable immovable property valuation according to the rules of procedure provided for in chapter IV or certified real estate appraiser in the prepared statement included the determination of the level of under this provision in chapter V procedure.
VII. approval of remuneration for remuneration Decision 35. approval, the Commission shall adopt a closed hearing.
36. after the Commission has taken a decision on the remuneration, the institution approved by the Commission, assess the amount of remuneration and: 36.1. where remuneration was established, in the absence – confirms the Commission's specific claims, taking the needs of society in need of disposal of immovable property in article 9 of the law referred to in the first paragraph of the decision on the amount of remuneration;
36.2. where remuneration is found defective, ask the Commission to address deficiencies or repeatedly to determine compensation.
Prime Minister v. dombrovsky – in place of the Minister of Justice, Minister of Home Affairs l.-Mūrniec