Law No. 18 Of 19 February 1991 Land Fund

Original Language Title: LEGE nr. 18 din 19 februarie 1991 fondului funciar

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Law No. 18 of 19 February 1991 (republished * *) (* updated *) Land Fund (updated until 1 February 2016 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. VII of law No. 169 of 27 October 1997 and published in the Official Gazette of Romania, part I, no. 299 of 4 November 1997, posing a new texts. Please note that law No. 169/1997 contains some articles of its own, numbered II to V, which were not incorporated into the consolidated text of the law No. 18/1991 and which are reproduced in the note at pag. 16. Law No. 18 of 19 February 1991 was published in the Official Gazette of Romania, part I, no. 37 of 20 February 1991 and was amended by law No. 29 of March 21, 1991, published in the Official Gazette of Romania, part I, no. 59 of 22 March 1991, by order No. 23 of 21 august 1992, published in the Official Gazette of Romania, part I, no. 213 of 28 august 1992 (approved by law No. 114 of 18 November 1992, published in the Official Gazette of Romania, part I, no. 311 of 30 November 1992), by order No. 46 of 12 august 1994, published in the Official Gazette of Romania, part I, no. 241 of 29 august 1994 (approved by law No. 132 of 22 December 1994, published in the Official Gazette of Romania, part I, no. 359 dated 23 December 1994), by order No. 20 of august 4, 1995, published in the Official Gazette of Romania, part I, no. 184 of 15 august 1995 (approved by law No. 104 of 16 November 1995, published in the Official Gazette of Romania, part I, no. 270 of 21 November 1995), through the Government Emergency Ordinance nr. 5 of 31 august 1996, published in the Official Gazette of Romania, part I, no. 207 of 2 September 1996 (approved by law No. 47 of 4 April 1997, published in Official Gazette of Romania, part I, no. 58 of 8 April 1997) and by order No. 57 of 28 august 1997, published in Official Gazette of Romania, part I, no. 225 august 30, 1997.


Chapter I General provisions Article 1 the lands of any kind, irrespective of the destination of the title are held by public or private times of, Land Fund.


Article 2 according to destination, are: (a) agricultural land), namely: productive arable farmland-orchards, vineyards, nurseries, vineyards, fruit trees, hop plantations and mulberry trees, pastures, meadows, greenhouses, solariums, răsadniţele and the like, ones with forest vegetation, though not part of the management plan forest, wooded pastures, those occupied with building and installation facilities, and evaluate fishery of reclamation roads and farming, platforms and storage spaces that serve the needs of agricultural production and unproductive land that can be decorated and used for agricultural production;
  

b) lands forest destination, namely: woodland or those serving the needs of culture, forestry management, production times land used for planting and the unproductive-infertile, steeps, bolovănişuri, ravines, gullies, torrents-if they are contained in the forest management plan;
  

c) land permanently under water, namely: beds of water courses, cuvetele Lakes at maximum levels of retention, the bottom of the sea and of the territorial sea;
  

d) lands destined for urban and rural settlements, which are constructions, other arrangements of localities, including farmland and forest;
  

e) land for special purposes, such as those used for transport by road, rail, air, and naval constructions and related with installations, constructions and hydrotechnical installations, heating, electricity transmission and natural gas, telecommunications, mining and petroleum for, dumps and quarries of any kind, for the needs of Defense, beaches, nature reserves, nature monuments, ensembles and historical and archaeological sites and the like.
  


Article 3 for the purposes of this law, by owners of land means the holders of the right of ownership, other real rights over them or those which, according to the civil law, the capacity of holders of times keepers precari.


Article 4 (1) Land may be subject to a right of ownership or other real rights as holders, having natural or legal persons, or in the public domain or the domain belongs to.
  

(2) the public domain may be of national interest, in which case its ownership, under public law, belongs to the State, or of local interest, in which case the property also under public law, belongs to the municipalities, towns, municipalities or counties.
  

(3) management of the public domain is made by national bodies provided by law, and the administration of the public domain of local interest is made by mayors or, where appropriate, by the prefectures.
  

(4) the lands of the public domain are those affected a public units.
  


Article 5 (1) belong to the public domain lands that are of public interest, construction markets, communications, public parks and street networks, ports and airports, landing fields, riverbeds and cuvetele rivers, lakes in the public interest, the bottom of the sea and of the territorial sea, the black sea shores, including beaches, land for nature reserves and national parks, monuments, , assemblies and archaeological sites and historical monuments of nature, for defence or other needs utility which under the law are in the public domain or which, by their nature, are of use or public interest.
  

(2) the land forming part of the public domain are inalienable, imprescriptible and imperceptible. They may not be placed in the circuit civil unless under the law are dismantled in the public domain.
  

(3) Land on which are located the street networks and public parks, land for nature reserves and national parks, monuments, ensembles and sites archaeological and historical monuments, nature cannot be dismantled from the public domain only in exceptional cases for works of national interest.
  

— — — — — — — — —-. (3) art. 5 was introduced by art. in accordance with law No. 47 of 13 March 2007, published in MONITORUL OFICIAL nr. 194 of 21 March 2007.


Article 6 of the State and the private sector, the communes, towns, municipalities and counties consists of lands acquired by them through ways provided for by law, as well as from disused land under the law are in the public domain. He is subject to the provisions of the common law, if the law does not provide otherwise.


Article 7 property Fund and, accordingly, the right of ownership and other rights in rem must be registered in the land register documents and real estate advertising provided by law.


Chapter II Establishment of the right of private ownership of land in article 8 (1) establishing the right of private ownership of land in agricultural production cooperatives heritage is made under the present law, by restoring property rights or establishment of such right.
  

(2) the law shall enjoy the cooperative members who have brought Earth into agricultural production cooperative, or which have been assumed in any way the land as well as in civil law, their heirs, members of the cooperative did not bring Earth in cooperative and others specifically laid down.
  

(3) the establishment of the right of ownership shall be made, on request, by issuing a certificate of ownership up to a minimum of 0.5 ha areas for each person entitled, under this Act, and no more than 10 ha of arable equivalents family.
  

(4) by family is meant wives and unmarried children, if their household together with their parents.
  


Article 9 (1) persons to whom it was reconstituted within the limit of ownership of land surface of 10 hectares of arable equivalents family, may require restoring property rights and for the difference between this area and the one who brought it into production or agricultural cooperative which has been taken over in any way that, up to the limit of the surface. 3 (a). h) of law No. 187/1945 for carrying out agrarian reform, family, regardless of whether the replenishment is to be made in several localities, or from different authors.
  

(2) the persons to whom it was reconstituted ownership, according to the law, within the limits of ground surface up to 10 ha and which have been applied for listing on discount, according to art. 14. (3) of the Act, may apply for land areas that accounted for this share. Applications shall be formulated where the share of reduction has outpaced the rate of 5%.
  

(3) the application shall be submitted to the Mayor's Office of or, where appropriate, to town halls in localities whose land territory lies in order to be reconstituted ownership, personally or by registered post with acknowledgement of receipt no later than 31 December 1998, under penalty of revocation term.
  

— — — — — — — — —-. (3) art. 9 was amended by section 1 of article. in accordance with law No. 218 of 25 November 1998, published in MONITORUL OFICIAL nr. 453 of 26 November 1998.

(4) the application shall contain: the name and surname of the person) of the applicant and his residence;
  


b) tenure or heir of the property right for which has been pieced or follow to reconstruct this right, according to this law;
  

c) surface of the ground that has been reconstituted and the difference which is requested.
  

(5) upon request will annex: a) copy of the title of ownership which has been issued or, where appropriate, on the fold of the card holder in possession;
  

b) copies from the documents of ownership for land areas required in addition;
  

c) a statement that will mention, on his own responsibility, the total area of land attributable to the property through the reconstitution or through the Constitution, the family, according to this law, even if it was done in several localities, or from several authors.
  

(6) the mayor shall constitute a special register numbered and initialled, sealed, in which it shall record, in chronological order, the applications filed by persons entitled and will issue, upon request, with a registration number.
  

(7) in respect of applications lodged by post, on the acknowledgement of receipt shall mention the registration number and the date of its application.
  

(8) the mayor or the Secretary of the local Council is obliged to receive and request a record, regardless of whether it includes or does not include all the particulars specified in paragraph 1. (4) and if it is not accompanied by all the documents listed in paragraph 1. 5. In this case, the mayor or the Secretary is required to notify the applicant that, by 31 December 1998, to submit all the documents listed in paragraph 2. (5) under penalty of revocation term.
  

— — — — — — — — —-. (8) article. 9 was amended by paragraph 2 of article 9. in accordance with law No. 218 of 25 November 1998, published in MONITORUL OFICIAL nr. 453 of 26 November 1998.

(9) failure to comply with the obligations laid down in paragraph 1. (6) by the mayor or Secretary draws both administrative and disciplinary responsibility of it, according to the law, as well as the payment of penalties under the conditions laid down in article 21. 894 of the code of civil procedure or, where applicable, and for damages according to the civil code.
  

— — — — — — — — —-. (9) article. 9 was amended by section 1 of article. 19 of law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(10) after 31 December 1998, pursuant to paragraph 4. (3) the mayor shall be obliged, within 30 days, should make the situation relating to the categories of persons, the land required and the balance of Land Fund on the village common, city or municipality-with a view to recovery of the property right law. Within this period the Mayor will convey the prefect under hand.
  

— — — — — — — — —-. (10) of article 1. 9 was amended by section 3 of article 9. in accordance with law No. 218 of 25 November 1998, published in MONITORUL OFICIAL nr. 453 of 26 November 1998.

(11) within 15 days of receipt, the prefect will draw up the situation regarding classes of persons in the requesting and the balance of Land Fund on the County, they will pass, in the same period, the Department for local public administration.
  

(12) After preparation of land fund balance at the country level, the law will determine the areas of agricultural land to be reconstructed.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 169/1997 and entered into force on 4 November 1997.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 10 (1) natural persons and legal entities to whom it has been reconstituted or have been established ownership of farmland, according to this law, as well as legal persons who in heritage management or farmland in times holding in any manner such lands are required to give the Secretary of the local Council a statement that will mention the area of farmland assigned or actually owned, respectively, in one or more townships, and for individuals, and from several authors.
  

(2) individuals will make the statutory declaration, and legal entities, through their representatives.
  


Article 11 (1) the area brought into agricultural production cooperative is that which results from the acts of: property, land registry, cadastre, applications for entry in the register of agricultural cooperative enters into cooperative, the cooperative's records or, failing that, any other evidence, including statements from witnesses.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply accordingly in respect of the areas taken over by agricultural production cooperatives on the basis of law or in any way to the members of the cooperative.
  

— — — — — — — — —-. (2) of article 9. 11 was amended by section 1 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 1) Land taken over abusive agricultural cooperatives of production from individuals without enrollment in agricultural production cooperatives or State, without the title of right owners have asked for the reconstitution of the property, on the old premises, if they have not already been assigned to other legal persons.
— — — — — — — — —-. (2 ^ 1), art. 11 was introduced by section 2 of art. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(3) the establishment of the right of ownership shall be made available upon request, on the basis of the situation of land owned by the agricultural cooperative production from 1 January 1990, entered in the vineyard register of the land cadastre general or agricultural register, corrected for the legal disposal conducted by the cooperative pending the entry into force of the law.
  

(4) the request for the establishment of the right of ownership shall be filed and recorded at City Hall within 30 days from the date of entry into force of this law.
  


Article 12 * *) (1) for the purpose of establishing the property right through the reconstitution of its establishment, or of actual land award to those entitled and the issuance of titles of ownership, every township, city or municipality, shall be set up by order of the prefect), a Commission headed by the Mayor.
  

(2) the municipal Committees, city or municipal will work under the direction of a County Commission, named by order of the prefect and led by it.
  

(3) the procedure for the formation and functioning of the commissions, as well as the model and the assignment of new equity will be established by decision of the cabinet within 15 days from publication of this law. From commissions will be part of the community's designated citizens from all walks of legitimate, specialists and officials, as well as heads of units and research and development institutions in the field of agriculture, as appropriate. In municipalities consisting of several villages, the citizens shall be appointed in proportion to the share of the number of residents of each village.
  

— — — — — — — — —-. (3) art. 12 was modified by art. 1 of law No. 71 of 16 April 2010, published in MONITORUL OFICIAL nr. 258 from April 21, 2010.

(4) the acts which gave rise to the creation or recovery of the right to property represents the information of public interest and are open to freedom of citizens. Providing access to this information of public interest shall be in accordance with the procedure and conditions provided for by law No. 544/2001 on free access to information of public interest.
  

— — — — — — — — —-. (4) article. 12 was introduced by section 1 of article. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.


Article 13 (1) the quality of heir shall be determined on the basis of a certificate of inheritance or of the final judgment or, in their absence, by any evidence resulting from the acceptance of the inheritance.
  

(2) the heirs who can prove this quality, whereas the lands have not been found in circuit civil, are counted as reinstated in term of acceptance with respect to listing what it needs from land used to belong to their author. They are considered that have accepted inheritance claim they make to the Commission.
  

(3) title to the property is issued with respect to the surface of the land determined on behalf of all heirs, that they may do according to the common law.
  

(4) for each position from an annex may be issued more equity, provided that the areas listed in these titles do not exceed a total surface validated.
  

— — — — — — — — —-. (4) article. 13 was introduced by section 2 of art. 9 ^ 2 of EMERGENCY ORDINANCE No. 81 of 28 September 2011, published in MONITORUL OFICIAL nr. 704 of 5 October 2011, approved by law No. 219 of 19 November 2012, published in MONITORUL OFICIAL nr. 789 23 November 2012.


Article 14 (1) Land of agricultural cooperatives of production located in the outskirts settlements become cooperators property or, where appropriate, to their heirs, corresponding to areas brought in any way or taken over the assets of the cooperative.
  

(2) the award shall be made in respect of land in the hills, usually old locations, and in the lowland Nyala, it's set by the Commission and not necessarily on the old premises of the property within the perimeters of agricultural production cooperatives.
  


(3) where the land area between the cooperative agricultural production, resultant of the sum of the areas of cooperative or land taken in any other way the cooperative, and the surface of the ground current changes have occurred both in terms of total area, and categories of use, setting the property to their heirs or cooperators is via a proportional reduction resulting from decreased legal areas used for other purposes in the original and proportionally to the total with the existing categories of agricultural use. Will not be affected holders of areas that have properties of less than 1 ha.
  

(4) the areas occupied by plantations of fruit, vineyards, greenhouses, rentals fishing ponds, fishing facilities, nurseries, construction administration, and evaluate the necessary feed database related production capacities existing in the livestock agricultural cooperatives may represent, on the basis of option owners, in the formation of some forms of Association of private type or unincorporated.
  


Article 15 (1) the members of the cooperative who, where appropriate, have left the agricultural production cooperative, the cooperative did not work or do not live in the locality, as well as their heirs may receive from outside lands brought or taken in any way as the cooperative heritage.
  

(2) the provisions of the preceding subparagraph are also applicable to persons whose lands had passed, with or without the title, the agricultural production cooperative heritage without their being acquired the quality of cooperation, as well as, where appropriate, their heirs.
  

(3) the provisions of paragraphs 1 and 2. (2) benefit individuals holding securities of Knight of the order of Michael the brave, "" the brave with Swords "and their heirs, who have opted-in and to whom it was attributed at the time împroprietăririi, arable land, except for those who have it disposed of.
  

(4) the provisions of article 4. 14. (2) and (3) shall apply accordingly.
  

(5) will be assigned upon request, to persons who have lost all or part of the capacity for work and the heirs of those who died-as a result of participation in the struggle for the victory of the revolution in December 1989-owned land in the area of 10,000 sqm arable equivalents. For lands allotted these beneficiaries do not owe taxes or taxes.
  


Article 16 (1) In cases where the agricultural production cooperatives were amalgamated and land of private owners, and they have not picked up in other lands, compensation at their request or heirs, they will be reinstated and they will repay the equivalent share, areas under sole established by the Commission.
  

(2) the provisions of article 4. 14. (2) and (3) shall apply accordingly.
  


Article 17 (1) Romanian citizens localities, belonging to the German minority or in living people who were deported or displaced, deprived of land through normative acts occurring after 1944, will be assigned the property, upon request, with their successors, the priority areas of land reserve located at the disposal of the boards or it will proceed in accordance with art. 37. (2) The award will cover the surface of the land on which they had owned, without exceeding 10 hectares of arable equivalents family.
  


Article 18 (1) lands in the area brought or taken in any other way for the agricultural production cooperative heritage from cooperative or from other people who have died and have no heirs, as well as land for which have not been formulated requests of refund shall remain at the disposal of the Commission.
  

(2) All agricultural production cooperative lands that are not attributed to pursuant to article 5. 14-17, and the State-owned land contained in the formalities inside the use of cooperative, also remain at the disposal of the Commission, to be assigned to other persons holding entitlement under the provisions of this law.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 18 was abrogated by article. 52, Cap. Vi of law No. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.


Article 19 (1) cooperative active Members who did not bring the land into agricultural production cooperative, or land less than 5,000 sqm, as well as those who, not having the status of cooperative, have worked in every way, as employees in the last three years in cooperative or cooperative organizations, may assign ownership of the lots from the lands referred to in art. 18, if they are established or to be established in the city and don't have land ownership in other localities. The area assigned to the property shall be determined taking account of the land surface, the number of applicants and those that attributed to surface brought Earth into agricultural production cooperative.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to persons who have been deported and do not benefit from the provisions of art. 14-16. (3) can be attributed, in agricultural use, up to 5,000 sqm equivalent family farm, specialized staff from public service, while working in the village, if it has no land ownership in this locality, he or family members in which it participates. Ownership of these lands belong to the commune, town or municipality, if necessary.
  

(4) the Attribution cannot be made where in that reductions were made. 14. (3) and (5) At the departure of the persons referred to in paragraph 1. (3) shall be entitled to compensation for the investments made with the prior consent of the owner and are useful on the surface of assigned.
  


Article 20 where in some agricultural cooperatives of production no longer remains land available in order to assign the minimum area referred to in article. 8, as well as for persons referred to in art. 17 and 19, paragraph 2. (1) and (2), the Commission will decide on the proportionate share of the surface image are randomized to apportion land ownership and those categories.


Article 21 (1) in localities with surplus agricultural area, with the shortage of manpower in agriculture, from the lands referred to in art. 18 may assign ownership of land up to 10 ha of arable equivalents of all the families who request in writing and undertakes to work this area.
  

(2) the landless Families or with little ground from other localities, requesting in writing, they can receive the ownership of up to 10 ha arable land into, with the obligation to establish domicile in the commune, town or municipality, if necessary, and to cultivate the land received, giving up the property taken in their locality, from the built-up area.
  


Article 22 (1) of the farmland, the commissions will assign the property, at the request of the parish committees or other bodies representing the local communities of cult-rural-land, an area of up to 5 ha of arable equivalents for each parish or monastery, belonging to religious denominations recognized by law, up to 10 hectares in arable agricultural land equivalent in the case of monasteries to the extent that all of these establishments have possessed in the past agricultural land taken over by agricultural production cooperatives, and currently have no such land or restricted areas. In necooperativizate areas, restoring property rights will be made from State-owned lands and in the administration of the Mayor, to their proposal, by order of the prefect.
  

(2) the provisions of article 4. 9 para. (5) shall apply accordingly.
  

(3) the representative bodies of units of worship recognised by law in rural areas, may require restoring property rights and for the surface of agricultural land which represents the difference between the area of 5 ha, in the case of parishes, and the surface on which they had owned, but not more than 10 ha, and for representing the difference between the surface area of 10 ha in the case of monasteries and schiturilor, and the surface on which they had owned, but not more than 50 hectares.
  

(4) the provisions of article 4. 9 remain in force.
  

(5) For the parishes, hermitages and monasteries from urban councils and their representative bodies may require restoring property rights under the terms of paragraph 1. (3) and (4).
  

(6) may require restoring ownership of farmland that they belonged in the property, within the limits of the areas that we have had, and other representative bodies of units of worship: a) patriarchal Centre, up to 200 ha;
  

b) Diocesan centers, up to 100 hectares;
  

c) protoieriile, up to 50 hectares;
  

d) parishes in urban areas, up to 10 ha;
  

e) branches in rural and urban, up to 10 hectares.
  


Article 23 (1) shall be and remain the property of cooperators or, where appropriate, to their heirs, regardless of occupation or their home, land and House related annexes, as well as household and garden courtyard areas around them, determined under art. 8 of Decree-Law No. 42/1990 concerning certain measures for stimulation of the peasantry.
  

(2) areas of land inhabited house and related annexes, as well as household and garden courtyard areas around them are those highlighted in acts of property in the land registry, the registry of agricultural land or in other documents, the entry in the agricultural production cooperative.
  

(2 ^ 1) In the case of construction, related land areas covered by paragraph 1. (2) are those agreed by the parties at the time of sale, proven by any means.
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Paragraphs 1 and 2. (2 ^ 1), art. 23 was introduced by paragraph 4 of art. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(3) for the area of farmland allocated by the agricultural production cooperative as a lot of use, under the provisions of art. 4 of Decree-Law No. 42/1990 does not reconstruct or do not constitute a right of the person to whom property has been assigned, regardless of whether this land lies in the continuation of the garden in town or elsewhere in the area, except for those displaced, for investments of local interest or the public interest.
  

(4) the provisions of paragraphs 1 and 2. (1) also applies to persons from areas cooperativizate, who did not have the quality of cooperator.
  


Article 24 (1) Land located in the settlements, which were attributed to agricultural production cooperatives, according to the law, or to other persons entitled cooperators, for the construction of dwellings and household outbuildings, they crafted remain and are part of the current property owners, even though the award was made from land in any manner from the previous owners.
  

(1 ^ 1) The surface of the lands referred to in paragraph 1. (1) attaching the House and household, annexes cannot be greater than that provided for in the notice of award from the Council of cooperative production, popular or in City Hall.
— — — — — — — — —-. (1 ^ 1), art. 24 was introduced by section 5 of art. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(2) previous owners will be compensated with an equivalent area of land in city limits or, in garages, accepted by them, and if there is no land, will be awarded damages.
  

— — — — — — — — —-. (2) of article 9. 24 was amended by section 6 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 25 (1) where a cooperative agricultural production attributed the lots in use some cooperation in the gardens in front of the former owners, such land, as in the original property owners or their heirs.
  

(2) persons who have received land under the terms of paragraph 1. (1) and who have made investments are entitled to an indemnity equal to their corresponding values, if there can be high.
  

(3) by investing in paragraph 6. (2) means the work intended for agricultural exploitation of the land.
  


Article 26 (1) Land situated in localities, remaining at the disposal of the local public administration authorities, from people who are deceased and/or not have heirs, passing the public property of administrative-territorial units and local councils in the administration concerned, on the basis of the certificate issued by the vacation portion of the notary public. In this respect, the Secretary of administrative and territorial unit shall, within 30 days of the registration of persons concerned each death, to communicate the data to the competent Chamber of notaries. 68 of the law on notaries public and notarial activity no. 36/1995, as amended and supplemented in order to debate the succession procedure. Fulfilment by the Secretary of the administrative and territorial unit of the obligation provided for in this paragraph shall be imposed on administrative law.
  

(2) Change the legal regime of land referred to in paragraph 1. (1) public property of administrative-territorial units concerned in their private property is prohibited and shall be sanctioned with absolute nullity.
  

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Art. 26 was modified by art. in accordance with law No. 158 of 12 July 2010, published in MONITORUL OFICIAL nr. 496 of 19 July 2010.


Article 27 (1) the possession and ownership of those securities release entitled can't take place only after they have made the necessary boundaries for land measurements, determining the neighbourhood on the basis of the outline, and the establishment of certification established prior documents.
  

(2) in all cases in which restoring the right of ownership shall be made on the old premises, on the occasion of the local Commission notes measurements of mutual recognition of the limits of the property by the neighbors, they entered in the lists of certification documents, parcel/plot plans and shall submit documentation to the Commission or the district prefect for validation and issuance of securities ownership.
  

— — — — — — — — —-. (2) of article 9. Amended 27 of point 7 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 1) Owners or their heirs who were not enrolled in the agricultural production cooperative, have not surrendered or were not taken over by the State land ownership transfer deeds will be able to ask the Commissioner, through commissions of land fund, equity in accordance with the present law. These categories of owners and heirs are only applicable provisions of art. 64.----------. (2 ^ 1), art. 27 was introduced by section 8 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 2) Where were issued equity abusively to persons other than the previous owners who had, at that time the certificate of ownership and possession of the land, the land fund boards will revoke the titles issued in violation of the law if they have not been in the civil circuit. If these equities went into civil circuit through acts of sale or otherwise, the former owner will address the justice for finding absolute nullity of the instrument in question according to the provisions of article 7. III of law No. 169/1997 modifying and completing the law on Land Fund No. 18/1991.
— — — — — — — — —-. (2 ^ 2) of art. 27 was introduced by section 8 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(3) for the land operated by private firms, agricultural type formed in accordance with the law. 36/1991 on agricultural companies and other forms of Association in agriculture, local committees and the County, within 12 months, will perform all the operations referred to in paragraph 1. (1) and (2) and shall issue property titles.
  

(4) the members and leadership of these agricultural societies have an obligation to ask the local commissions immediately to carry out the operations referred to in the preceding paragraph, and county committees, request the issuance of titles of ownership.
  

(4 ^ 1) The Mayor will display monthly surface formed or reconstituted, the names of the beneficiaries, their location, parcel/plot plans as well, and the area remained in reserve Commission.
— — — — — — — — —-. (4 ^ 1), art. 27 was introduced by point 9 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(5) violation of the preceding paragraphs shall entail the disbanding, law, agricultural societies.
  

(6) The abolishment of the agricultural production cooperative, constituted a Commission of liquidation within 15 days from the date of entry into force of this law, by order of the prefect on a proposal from the City Hall, will proceed within 9 months after the abolishment of the cooperative, to the realization of the assets and liabilities of the payment, under the conditions provided by law.
  


Article 28 (1) liquidation Committees provided for in art. 27 have an obligation to ascertain and determine any facts of violation of the law, to take measures for the recovery of damages, according to the law, and to refer, where appropriate, the prosecution.
  

(2) the amounts recovered under the conditions of paragraph 1. (1) is actively closed out and follows the destination as set forth in art. 27. (3) the expiry of the period provided for in art. 27, liquidation committees will submit the liquidation balance and explanatory report of the specialty of the prefecture or City Hall of Bucharest, invested with the powers of financial control under the law for downloading.
  

(4) the acts of debts towards the State and other legal persons, remaining after the completion of the liquidation, drawn up by the Commission on liquidation shall be endorsed and centralized by the Ministry of public finance), after which the Government will present Parliament with proposals to deal with.
  


Article 29 (1) evaluate Buildings, workshops, small industry, plant and machinery other fixed assets, which belonged to the agricultural production cooperative disbanded, and the land beneath them, as those required to use their normal living plantations and trees and animals become the property of members of associations of private type, with legal personality, if you will set up.
  

(2) the rights of property of the former cooperative referred to in paragraph 1. (1) shall lay down the share value in proportion to the surface area of land brought or taken in any way as the agricultural cooperative production and volume of work performed. Associate members will be those rights as the contribution to the new Association.
  

(3) the Former cooperative that don't become members of these associations will establish rights of debt in proportion to the value of listing what it needs of agricultural production cooperative, if they were not covered in another way. Payment of claims will be made by the Association, in nature or in money, according to the decision of the Commission on liquidation.
  


(4) where there were no such associations constituted, goods and animals referred to in paragraph 1. (1) will be sold by public auction to natural or legal persons, the price achieved to fulfil the duties of any of the former agricultural cooperatives of production. Except the cattle and sheep, as well as plantations of vineyards and fruit trees, which will be awarded to former cooperative.
  

(5) within 9 months after the abolishment of the agricultural production cooperative, will establish pecuniary rights incumbent on each Member by the cooperator liquidation established under art. 27(2). 6. (6) former members will receive proper cooperative share from the sale by auction of goods common in proportion to the surface area of land brought into agricultural production cooperative, arable, equivalent in value and volume of work performed.
  

(7) the goods referred to in paragraph 1. (1) that are not sold within one year from the date of the abolition of agricultural production cooperative, privately owned communes, towns and municipalities where they are located, without any compensation, and in the administration of mayoralties.
  

(8) the demolition of constructions, to evaluate workshops, installations and maintenance of the household and industry annexes, which are covered by paragraph 1. (1), shall be prohibited. By exception, if they are degraded or for any other reason cannot be used, they can be terminated with the authorization of the Prefecture, and the materials will be capitalized by the mayors, with the proceeds to go into the asset liquidation operations.
  

(9) the affected Buildings used for social or cultural pass without payment, as a matter of public law, the property of municipalities, towns or municipalities and in the administration of mayoralties.
  


Article 30 (1) intercooperatiste or State Associations and cooperatives of any profile may reorganize into joint stock companies, within 90 days after the publication of the law in the Official Gazette of Romania, part I.
  

(2) land and other goods brought in by the agricultural production cooperative in association, as well as assets acquired are the property of this company, and the other persons so entitled Salesian and to reconstruct the ownership of the land belonging to the company and its employees to become shareholders in accordance with the law.
  

(3) where some cooperation or other persons entitled referred to in paragraph 1. (2) will not opt to become shareholders of the company, shall assign ownership, in accordance with the provisions of art. 14 and 15 of this law, of land that were not made by the agricultural production cooperative association.
  

(4) In localities where there are no such possibilities, will be able to abolish some farms of the Association neeficiente. Judgment in this regard shall be adopted by the Commission on a proposal from county commissions, city or municipal, communal, as appropriate.
  


Article 31 (1) State-owned Lands operated by the agricultural production cooperatives are available of the boards referred to in article. 12 in order to award their ownership of those entitled under the law.
  

(2) the land attributed to the remaining available to the Commission, will pass into the private realm of the commune, town or municipality.
  


Article 32 Repealed.
----------
Art. 32 c was repealed. t) of art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 33 the land derived from the former municipal izlazuri-meadows and arable land — which were in the use of agricultural production cooperatives-pass in the private property of municipalities, towns or, where appropriate, municipalities and in the administration of the Mayor, to be used as a communal pasture and forage production and seeds for forage crops.


Article 34 reclamation works on land received protection, including related areas, passing by the specialized units for the exploitation of such works, in accordance with the law.


Chapter III provisions concerning land State ownership and some special provisions Article 35 (1) State-owned Lands are those entered into or heritage areas in line with existing legal provisions no later than 1 January 1990 and registered as such in the records of the land cadastre and the general forest management plan.
  

(2) Land State property administered by the institutes and research resorts, agriculture and forestry, intended for research and production of seeds and seedlings from superior categories biological and animal breeding, as well as the administration of the Institute for testing and registration of new varieties of plants of the crop and its territorial centres belong to the public domain and remain in their administration. Within 90 days after the entry into force of this law, the Government) on the proposal of the Ministry of agriculture and rural development *), will delineate the land areas strictly necessary research and production of seeds and seedlings from superior categories biological and animal breed and those intended for the production, management institutes and research stations and agricultural production.
  

(3) the provisions of paragraphs 1 and 2. (2) shall also apply to land State property used, from the date of the present law, educational units with agricultural or forest and moving their administration.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 748 of 4 November 2015, published in MONITORUL OFICIAL nr. 71 of 1 February 2016, it was considered the plea of unconstitutionality of the provisions of art. 35 para. (1) Land Fund Act No. 18/1991, finding that they are constitutional, insofar as it does not makes the acquisition of the property by expropriation, its entry in the land register.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, with effect from 1 February 2016, article 4. 35 para. (1) Land Fund Act No. 18/1991, to the extent that makes the acquisition of the property by expropriation, its entry in the land register will be suspended by operation of law, and to cease legal effect as of March 18, 2016, if the legislature does not intervene to amend the provisions under attack.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 169/1997 and entered into force on 4 November 1997.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 36 (1) State-owned Lands, located in the settlements and in the administration of the Mayor at the time of the present law, the property of municipalities, towns or municipalities, in accordance with the legal regime of land referred to in art. 26. (2) the land State property, located in the settlements, according to the law, the eternal duration of the service or the existence of the construction, in order to build private housing or in connection with the purchase of the State of such housing, pass, at the request of tenants in homes, their property or, where appropriate, proportional share held design.
  

(3) the land assigned in use during the construction of their existence, as purchasers of takeover plots, under the terms of the provisions of art. 30 of law No. 58/1974 *) on the systematization of the territory and urban and rural localities, passing in the current holders of the right to use the land, owners of dwellings.
  

(4) the provisions of article 4. 23 shall remain applicable.
  

(5) Land without buildings, not affected by works approved investment, according to the law, from the inner area localities in administering local councils, considered State property by applying the provisions of Decree No. 712/1966 and other special laws, shall be returned to former owners or their heirs, as appropriate, upon request *).
  

(5 ^ 1) Applications for refunds provided for in paragraph 1. (5), together with copies of documents shall be submitted, at the Town Hall of or, where appropriate, to town halls in the localities to which the land is located, in person or by mail, with acknowledgement of receipt no later than November 1, 2001, under penalty of revocation term.
— — — — — — — — —-. (5 ^ 1), art. 36 was introduced by art. in accordance with law No. 545 from October 17, 2001, published in MONITORUL OFICIAL nr. 659 of 19 October 2001.

(6) the Assignment of land ownership provided for in paragraph 1. (2) to (5) shall be made, by order of the prefect on a proposal of the Mayor, submitted on the basis of the verification of the legal situation of the land.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 58/1974 was repealed by DECREE-law No. 1 of 26 December 1989, published in MONITORUL OFICIAL nr. 4 of 27 December 1989.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 37


(1) persons whose agricultural lands were owned by the State, the effect of some special laws other than those of the expropriation, and in administering State agricultural units become available, upon request, to set up companies to stockholders, based on law No. 15/1990, of the current state of agricultural units. The same provisions benefit the heirs of such persons.
  

(2) the application shall be filed within 30 days after the entry into force of this law, the Mayor's Office in whose territory is situated the land.
  

(3) number of shares received will be proportional to the area of arable land into, credited State heritage without necessarily exceed the value of 10 ha of arable equivalents family.
  

(4) do not benefit from the provisions of this article persons whose land had been confiscated as a result of criminal convictions, except persons specified in Decree-Law No. 118 of 30 March 1990) concerning granting rights to persons persecuted for political reasons by the dictatorship with effect from 6 March 1945, and those deported abroad times company formed in prisoners, with subsequent amendments.
  


Article 38 (1) the persons to whom it is established that the status of shareholder pursuant to art. 37, persons to whom the rights have been established to research institutes and agricultural resorts and the autonomous administrations with agricultural profile, according to law No. 46/1992, as well as persons who have membership areas, under art. 25 of the law on lease No. 16/1994, may require restoring property rights and for the difference over 10 ha family, up to the limit of the surface. 3 (a). h) of law No. 187/1945, regardless of whether the replenishment is to be made in several localities, or from different authors within a time limit, with the procedure and under the conditions laid down in article 21. 9 of this law.
  

(2) the persons referred to in paragraph 1. (1) to which it has been established that the shares, within the limits of the surface up to 10 ha of arable equivalents, can make the request in the case by applying the coefficient of equivalence, laid down in regulations approved by Government decision No. 132/1991), the area of land can overcome, as equivalent, 10 ha arable land, within the time limit, with the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).
  


Article 39 individuals whose farm land were owned by the State through the Decree nr. 83/1949, and of all other normative acts of expropriation, or their heirs may require restoring property rights for the area of land owned by the State, last up to the surface. 3 (a). h) of law No. 187/family, 1945, regardless of whether the replenishment to be done in several localities, or from different authors within a time limit, with the procedure and under the conditions laid down in article 21. 9. Article 40 (1) after the expiry of 90 days, in the cases referred to in article 1. 38 and 39, the Mayor would draw up the situation concerning land required by the prescribed classes of persons and the balance of Land Fund on the commune and on each company and Institute or research settlement and agricultural production times directing with agricultural profile, from the territory of the village.
  

(2) the provisions of article 4. 9 para. (9) remain applicable.
  


Article 41 (1) agricultural land without buildings, installations, public facilities, which have entered into State ownership and administration of the Mayor at the time of the present law, shall be a refund of the former owners or their heirs, without being able to overcome the surface of 10 hectares of arable equivalents family.
  

(2) a refund of the land is made available, upon request, under the conditions of art. 11 by order of the prefect on a proposal by City Hall.
  

(3) the provisions of art. 37 para. (4) shall apply accordingly.
  


Article 42 (1) in localities with shortage of land, former owners lands lay in State ownership and they do not opt for actions pursuant to article. 37 and are not allowed to assign their successors the minimal surface area provided by the present law, the county commissions will decide the assignment of a surface of 5,000 square meters of arable equivalents family, upon request, from the State-owned land.
  

(2) For the difference in terrain to which they are entitled former owners or their heirs, according to this law, the corresponding provisions of article 5 shall apply. 37. (3) cannot be assigned to the areas of land that have been conducted, investment other than reclamation.
  

(4) live or trees plantations may be affected in such cases only where there are no land from another class of service to be assigned to the property.
  


Article 43 (1) In a less-favoured area of montana-natural factors such as climate, elevation, slope, isolation-you can assign ownership, upon request, with a land area of 10 ha of arable equivalents to young families of peasants coming from the agricultural environment, have the necessary skill and undertakes in writing to create households, to deal with animal husbandry and to rationally exploit the land for this purpose.
  

(2) the land referred to in the preceding paragraph are assigned from the private sector of the commune, town or city, as appropriate.
  

(3) the award of ownership of the land is made by order of the prefect on a proposal from the Mayor's.
  


Article 44 (1) coming from the former Lands izlazuri, submitted by the State and the units that are currently used as pastures, hayfields and arable land, the property will be returned to the House of Commons, in cities and municipalities, as appropriate, and in the administration of the Mayor, to be used as a communal pasture and forage production of forage crops or seeds. Exception areas occupied with vineyards, fruit trees, fodder, seminceri rentals fishing ponds, lakes or those intended for the production of vegetables, fruit other raw material for canning factories, paddy fields and experimental fields, intended for agricultural research, which will be offset in the land surface of the same quality of the joint-stock companies, within 6 months from the date of entry into force of this law.)
  

(2) failure to comply with the provisions of the preceding paragraph lead to passage of the law in the House of Commons, cities or municipalities, as appropriate, on these lands.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 169/1997 and entered into force on 4 November 1997.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 45 (1) natural persons or, where appropriate, their heirs, whose lands covered with forest vegetation, forests, grasslands, scrubland, zăvoaie permanent woodland have gone into State ownership through the effect of some special normative acts, may require restoring property rights and for the difference of over 1 ha, but not more than 30 hectares.
  

— — — — — — — — —-. (1) of article 1. 45 was amended by the pct, article 21. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 4 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

(2) If on land areas to be awarded under the terms of the preceding paragraph shall learn forestry or construction, or are under construction or at the design stage, or land is cleared, will be assigned to other areas of the pitch, with respect to the same conditions, in the near vicinity.
  

(3) the persons referred to in paragraph 1. (1) within the time limit will formulate requests, pursuant to the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).
  

(4) Land specified in paragraph 2. (1) and in article 8. 46 and 47 will be gospodărite and operated under the forest law. Forestry regime for privately owned forests will develop and will approve it within 3 months following the entry into force of the present law *), courtesy of the Ministry of the Ministry of environment and climate change. Putting in possession of forests, zăvoaielor, tufărişurilor, of permanent meadows and woodlands will be done only after the establishment of the forestry regime.
  

— — — — — — — — —-. (4) article. 45 was amended by the pct, article 21. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 4 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 169/1997 and entered into force on 4 November 1997.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 46 (1) ex-composesori or, where applicable, their heirs may require restoring the right of private ownership of land. 45, on the basis of documents that you attest to this quality and within the limits of the areas provided for in those acts.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of land operated in joint property by former freeholder, moşneni or under non-undivided.
  

(3) the provisions of article 4. 45 para. (2) shall remain applicable.
  

(4) where the land that belonged to non-composesoratelor and are located on the territory of several localities, the application shall be made to each of them, for the area lying within them.
  

(5) the persons referred to in paragraph 1. (1) within the time limit will formulate requests, pursuant to the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).
  


Article 47


(1) the Parish Councils or representative bodies of schiturilor and monasteries, as well as educational institutions, may require restitution of lands covered with forest vegetation, forests, grasslands, scrubland, zăvoaie permanent woodland that belonged to the property, within the limits of the areas that we have had in the property, but no more than 30 ha, whether they are located within several townships.
  

— — — — — — — — —-. (1) of article 1. Amended 47 of point 21 of the art. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 4 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

(2) applications together with documents of ownership shall be made within the time limit, with the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).
  

(3) the local councils of communes, towns and municipalities may require repayment of privately owned lands covered with forest vegetation, forests, grasslands, scrubland, zăvoaie permanent woodland, on the basis of documents that you attest to this quality, with the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).
  

— — — — — — — — —-. (3) art. Amended 47 of point 21 of the art. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 4 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

(4) the provisions of article 4. 45 para. (2) shall remain applicable.
  


Article 48 Romanian citizens domiciled abroad, as well as former Romanian citizens who have regained Romanian citizenship, regardless of whether they had established their residence in the country or not, can make application for reconstructing the property rights in respect of areas of agricultural land or land with forest destination, as referred to in art. 45, they have belonged to the property, but only up to the limit provided for in art. 3 (a). h) of law No. 187/family, 1945, for the land, and not more than 30 hectares of land, family destination with the forest, with the procedure and under the conditions laid down in article 21. 9 para. (3) to (9).


Article 49 (1) persons who have established ownership of agricultural land are required to comply with the conditions laid down in article 178. 19, 21 and 43, in connection with the establishment of domicile and the Foundation of new households.
  

(2) failure to comply with these conditions shall entail loss of the right of ownership of land and the construction of any kind carried out on it. For land compensation will not be granted, and construction, the owner will receive compensation equal to the real value.
  

(3) Body empowered to ascertain the circumstances referred to in paragraph 1. (2) it is the Prefect who, by order, certify the forfeiture of the property and its passage, where appropriate, the private property of the commune, the city or the municipality in whose territorial RADIUS is situated on the golf course.
  


Article 50 of the new delimitation of territorial property, resulting from the application of this law, beginning at the current regional planning and is based on some of the projects drawn up by the parcel/plot.


Chapter IV procedural Provisions in article 51 (1) County Commission is competent to hear complaints and to validate or invalidate the measures established by local committees.
  

(2) in the event of a total or partial overlaps as a result of the issuance of one or more equity in the same locations, prefectural jurisdiction to order the total or partial cancellation of the securities at a later stage of the first title.
  

— — — — — — — — —-. (2) of article 9. 51 was introduced by art. 47 of the law nr. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.

(3) the Commission shall order the County issuing a new title instead of the cancelled or, where appropriate, will propose the grant of the compensatory measures according to the law on measures for the completion of the process of restitution in kind or through equivalent of buildings taken over abusive during the period of the Communist regime in Romania.
  

— — — — — — — — —-. (3) art. 51 was introduced by art. 47 of the law nr. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.

(4) the provisions of article 4. 53 para. (2) shall remain applicable.
  

— — — — — — — — —-. (4) article. 51 was introduced by art. 47 of the law nr. 165 May 16, 2013, published in MONITORUL OFICIAL nr. 278 from May 17, 2013.


Article 52 (1) for the purposes of this law, local public authority the Commission is an administrative activity, and the prefectural public authority is authoritative judicial-administrative.
  

(2) the prefectural and local government, within the limits of their competence and by way of derogation from the provisions of the code of civil procedure, process quality passive and, where appropriate, being represented by prefect or mayor, respectively, on the basis of a mandate, by one of the members, not mandatory assisting lawyer.
  

(3) the provisions of art. 274 of the code of civil procedure shall apply.
  

— — — — — — — — —-. (3) art. 52 was introduced by paragraph 10 of article 10. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 53 (1) decisions of the County Commission over complaints of persons who called for restoring or establishment of the right of private ownership of the land in accordance with the provisions contained in the head. II, and those of the measures established by local committees shall be communicated to the person concerned by registered letter with acknowledgement of receipt.
  

(2) the County Commission against the ruling can be made to the District Court in the land is situated, within 30 days of the communication.
  


Article 54 (1) the provisions of article 4. 53 para. (1) shall also apply in cases where the complaint is directed against the order of the Commissioner or of any administrative act of an administrative organ who declined attribution of land or land assignment submissions, as stipulated in cap. III. Article 4 (2). 53 para. (2) shall remain applicable.
  


Article 55 (1) shall be subject to the complaint changing or canceling its own ruling by the Commission.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply where the Commission has issued County, after the closure of the finalization of its activity, administrative decisions, contrary to the provisions of article of its own. 53 para. (2) remaining.
  


Article 56 the complaint referred to in art. 53 can be directed against measures implementing article 4. 37, with respect to the determination of the right to receive shares in the State-owned agricultural enterprises, the company reorganized in accordance with the law. 15/1990, article 4. 53 para. (2) remaining.


Article 57 the complaint formulated under art. 53-56 suspended execution.


Article 58 the court resolves the cause according to the rules laid down in the code of civil procedure and the law No. 92/1992 *) for the judicial organisation. On the basis of a final judgement, prefectural, issuing title deed, you may modify, replace, or will break down.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 92/1992 was republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 59 civil Sentence pronounced by the Court referred to in article 1. 58 it is subject to attack horses provided for in the code of civil procedure, in compliance with the legal provisions on the matter.


Article 59 (1) ^ 1 Straightening clerical errors listed in the titles of ownership that are produced due to errors in writing shall be carried out by the Office of cadastre and real estate advertising.
  

(2) Correction of titles of ownership can be done by the Office of cadastre and real estate advertising, pursuant to the decision of the County Commission.
  

(3) the procedure for straightening of clerical errors and correcting the titles of ownership will be approved by order of regulatory nature of the Director general of the national agency of cadastre and real estate advertising.
  

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Art. 59 ^ 1 was introduced by section 1 of article. 9 ^ 2 of the EMERGENCY ORDINANCE nr. 81 of 28 September 2011, published in MONITORUL OFICIAL nr. 704 of 5 October 2011, approved by law No. 219 of 19 November 2012, published in MONITORUL OFICIAL nr. 789 23 November 2012.


Article 60 Repealed.
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Art. 60 it was repealed by the point 11 of article 1. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 61 article 4. 60 applies in case of violation of the right of public or private property of the State or, as the case may be, of the administrative-territorial units.


Article 62 of the persons referred to in art. 60 and article. There are 61 apply to judgments given by the county committees.


Article 63 In all cases where the law provides for the invalidity of legal acts or operations, the dispute is judge according to the common law and not according to the procedure laid down in this chapter.


Article 64 (1) where the Commission refuses to accept the awarding of the degree of local ownership issued by the prefectural or actual implementation in possession, the person making the complaint may be unhappy with the Court in whose territorial RADIUS is situated on the golf course.
  

(2) if the Court admits, the Mayor will be obliged to execute immediately awarding the title property or, where appropriate, actual implementation in possession, under penalty of payment of penalties under the conditions laid down in article 21. 894 of the code of civil procedure.
  

----------

Paragraphs 1 and 2. (2) of article 9. 64 was amended by paragraph 2 of article 9. 19 of law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.

(3) the provisions of article 4. 53 para. (2) shall apply accordingly.
  


Article 65 pending Disputes will continue to judge by the appellate courts, regardless of the procedural phase in which they are located, according to the procedural rules applicable at the time of referral, taking into account, where appropriate, and of the provisions of this law.


Chapter V Be Repealed.
----------
Cap. V was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 66 Repealed.
----------
Art. 66 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 67 be repealed.
----------
Art. 67 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 68 Repealed.
----------
Art. 68 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 69 Repealed.
----------
Art. 69 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 70 Repealed.
----------
Art. 70 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 71 Repealed.
----------
Art. 71 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Article 72 Repealed.
----------
Art. 72 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Repealed by article 73.
----------
Art. 73 was repealed by paragraph 1. (2) of article 9. 19 of law No. 54 of 2 March 1998, published in MONITORUL OFICIAL nr. 102 of 4 March 1998.


Chapter VI the use of land for agricultural production and forestry Article 74 the keepers of agricultural land are required to insure their cultivation and soil protection.


Article 75 (1) landowners who do not fulfil their obligations under article 4. 74 shall be ordered in writing by the municipal mayoralties, municipal or communal, where appropriate, to carry out these obligations.
  

(2) persons who do not give formal notice of course and does not perform his obligations within the time limit set by the Mayor, for reasons attributable to them, will be sanctioned, annually, with payment of an amount of 50,000 to 100,000 lei/lei ha in relation to the category of use of the land.
  

(3) Order the payment of the amount is made available by the Mayor) and amounts to make revenue in the budget.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) according to art. 48 para. (1) of law No. 69/1991 republished, the mayor shall issue dispositions).

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 76 *) (1) all holders of land assigned in use under the present law, which do not fulfil their obligations under article 4. 74, will be ordered, pursuant to article. 75 para. (1) and (2) those who do not give formal notice of course lose the right of use of the land at the end of the year.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) paragraph. (3) art. 76 were repealed by default paragraph. (2) of the same article.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 77 Changing category use of arable land for legal persons in other categories of agricultural use, it can be done with the bodies of specialized agricultural County, only in the following cases: a) arable land located in hilly areas, which constitute enclaves from the massifs of vineyards and orchards, vineyards and fruit basins, set up by bodies dedicated to the specialty of the Ministry of agriculture and rural development *) can be converted into vineyards and fruit;
  

b) arable areas of lowlands, filling in the necessary areas under vines intended for table grapes and raisins and fruit basins intended for piersicului and caisului culture, established specialized bodies of the Ministry of agriculture and food, can be converted into vineyards and fruit;
  

c) arable land with sandy soils can be decorated and converted into vineyards and fruit;
  

d) arable land recorded in the in the areas of Hill and mountain slopes nemecanizabile, affected by surface erosion and landslides, or semistabilizate, which no longer can be improved and maintained to this service, we can arrange and transform into permanent meadows;
  

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Lit. d) art. Amended 77 of point 21 of the art. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 4 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

e) arable land located in riverbeds and the Danube, which cannot be used for other profitable agricultural destinations, can be arranged in fishery pools.
  


Article 78 (1) Changing the category of use of arable land, other than those referred to in article 1. 77, vineyards and orchards owned by legal persons in which the State owns most of the shares, will be approved by the Ministry of agriculture and rural development.
  

— — — — — — — — —-. (1) was amended by section 1 of article. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.
(1 ^ 1) Change the class of service in the other category of service of grasslands, recorded as received on 1 January 2007, as provided for in the first subparagraph of paragraph 1. (2) of article 9. 6 of Regulation (EC) No 1782/2003. 73/2009 of 19 January 2009 establishing common rules for direct aid for farmers under the common agricultural policy and establishing certain aid schemes for farmers, amending regulations (EC) No 1782/2003. 1.290/2005, (EC) No 1782/2003. 247/2006, (EC) No 1782/2003. 378/2007 and repealing Regulation (EC) No 1782/2003. 1,782/2003, as amended and supplemented, published in the official journal of the European communities, L series, no. 30 of the 31 January 2009 in the agricultural Register is prohibited.)
— — — — — — — — —-. (1 ^ 1) was introduced by section 2 of art. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.
(1 ^ 2) Exception from the provisions of paragraph 1. (1 ^ 1) land occupied by grasslands which, through the degradation or pollution, and have lost a total of times partially productive capacity, which will be run for the improvement and landscaping works, according to the legal regulations in force, as well as lands that are exempt or do not apply the provisions of Emergency Ordinance of Government No. 34/2013 regarding the Organization, management and operation of permanent grassland and on modification and completion of the law of the Land Fund No. 18/1991.
— — — — — — — — —-. (1 ^ 2) was modified by pct article 20. 1 of law No. 86 of 27 June 1986, published in MONITORUL OFICIAL nr. 491 of 2 July 2014, which amends section 2 of art. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.
(1 ^ 3) Administrative or legal acts issued times concluded with the failure to comply with paragraph 1. (1 ^ 1) are hit by absolute nullity *).
— — — — — — — — —-. (1 ^ 3) was introduced by section 2 of art. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.

(2) individuals who changed the category of use of agricultural land they own in the property shall be obliged to communicate, within 30 days after the date on which this operation took place, the change resulting from agricultural and cadastral Office organizing agricultural territory, County or the municipality of Bucharest, which is required to register.
  

(3) Change of use category forestry-forest, rachitării, shrubs, crops owned by legal persons-is approved by the Ministry of environment and climate change).
  

(4) Change of use of agricultural land that constitute areas of protection of monuments is done in agreement with the National Commission of monuments, ensembles and sites.
  


Article 79 (1) the protection and improvement of the soil is achieved through the works of prevention and control of the processes of degradation and soil pollution caused by natural phenomena or caused by economic and social activities.
  

(2) the necessary work for the protection and improvement of the soil shall be determined on the basis of studies and projects, drawn up at the request of law enforcement agencies, research and design, in conjunction with the planning and organisation of the territory, and is executed by the holders of the land or through the care thereof, by specialized units in the execution of such works.
  

(3) the State supports the execution of works of protection and improvement of the soil supporting partial or total expenditure within the limit of budgetary allocation approved, on the basis of notes prepared by the research and engineering units, appropriated by County agricultural specialized bodies and approved by the Ministry of agriculture and rural development *).
  


Article 80


In order to achieve coordinated the work of mutual interest, according to the needs of the agriculture, forestry, water management, communication tracts, human settlements and other economic and social objectives, technical-economic and managerial and environmental damage will be developed jointly by the parties concerned. Through the documentation will determine the contribution of the stakeholders and the order of execution of the works.


Article 81 the work of regularization of spill water on hillsides and correction of torenţilor serving on the defense and preservation of works of irrigation, dikes, desecări, dammed Lakes or other water works, communications, economic and social objectives, will run concurrently with the work.


Article 82 (1) Land degradation and pollution which have totally or partially lost, production capacity for agricultural crops or forestry offices will be established in the areas of improvement.
  

(2) groups of lands that come into the perimeters of improvement shall be determined by the Ministry of agriculture and rural development) and the Ministry of environment and climate change), the proposals are based on statements made by the municipalities, cities and municipalities.
  

(3) the demarcation of perimeters for improvement is made by a Commission of specialists, whose rules of organization and operation shall be approved by the Ministry of agriculture and rural development) and the Ministry of environment and climate change).
  

(4) Documentation drawn up by bodies endorsed the county agricultural and forestry and environmental protection, and shall be forwarded to the Ministry of agriculture and rural development *) which, together with interested ministries and departments, will design programs, funding and execution.
  


Article 83 (1) Holders are required to make available land in the perimeter of the improvement in implementation of measures and activities laid down in the project, while retaining ownership.
  

(2) the inclusion by the Town Hall of a given land under the category referred to in paragraph 1. (1) may be made with the consent of the owner. If the owner does not agree, the city makes a reasoned proposal of the prefecture that will decide.
  

(3) If the President decides to include the land referred to in paragraph 1. (2) the improvement, the City Council is obliged to assign, the holder of the land, a land area corresponding to the duration of the completion of the improvement works.
  

(4) where the State lacks in that of another field like to resolve the situation mentioned in paragraph 1. (1), and the owner is not willing to receive another plot at larger distance, shall apply to the procedure of expropriation for public utility, provided by law No. 33/1994.
  


Article 84 in the interest of the work of torenţilor and water management, the State can make the equivalent of land exchanges with the owners of the perimeter, when their land is to perform work on a permanent basis. The Exchange is done only with the consent of the owners, by notarial act, registered in the land register documents.


Article 85 degraded Land and polluted, included within the perimeter, are exempt from duties and taxes to the State, County or Township, during their relief lasts.


Article 86 (1) implementation of the land use planning and the implementation of degraded lands from improvement is done perimeters of specialized units, depending on the specifics of the work.
  

(2) work is executed in order to reinforce midfield, as: terasări, fields, nivelări, înierbări, fixation, afforestation, correction of torrents and fencing, roads, bridges, culverts, standing, is achieved at the expense of the State, according to the project of improvement.
  


Article 87 (1) holders of degraded lands, even if they are not contained within a perimeter of improvement, which, individually or associates, will make his own initiative înierbări, afforestation, soil reaction correction or other improvement works on their land, the State will make available the necessary material-free seeds of grasses, plants, amendments and technical assistance in the execution of the work.
  

(2) Holders who have received materials for afforestation and înierbări, and they have not used for the purpose of the purpose for which you have requested are required to pay their value.
  


Article 88 (1) funds required for the research, design and execution of activities laid down in the draft land-use planning, improvement and value of land degraded and polluted, contained within the perimeter, ensure, depending on the specifics of the work, the Ministry of agriculture and rural development *) together with the Ministry of environment and forests) and with the other ministries concerned, the Fund for the improvement of land fund and through budget allocations.
  

(2) the necessary funds can be enhanced through the participation of municipalities, towns, municipalities and counties through the contribution or money to all those interested in these works, land holders, people who draw their direct or indirect benefits to these improvements and the institutions, companies or administrations whose autonomous art works, roads, bridges, railways, construction and other works also enjoys the benefits of land-use planning and improvement.
  

(3) where it is noticed that some areas have been removed from agricultural or forestry production through decay or soil pollution, due to culpable acts of some individuals or businesses, the owners, the city or agency may also require agricultural forestry times bearing the guilty spending must work of restoration and improvement of the soil.
  


Article 89 the Ministry of agriculture and rural development *), Ministry of environment and climate change *) together with the Academy of agricultural and forestry Sciences "Gheorghe Ionescu-Sineşti" will take measures to develop the national system of monitoring, evaluation, forecast and warning about the State of quality of agricultural and forest soils, based on an information system, with the assurance of data banks, to the country and the County , and will propose the necessary measures for the protection and improvement of the land, in order to maintain and increase production capacity.


Chapter VII final or temporary Use of land for purposes other than agricultural production and forestry article 90 temporary or permanent Use of land for agricultural and forestry purposes other than agricultural and forestry production is done only under the conditions laid down in this law.


Article 91 (1) the location of new construction of any kind is made in the settlements.
  

(2) Notwithstanding, some construction, which, by their nature, can generate polluting effects of environmental factors, can be placed in the area. In this case the premises shall be determined on the basis of the ecological impact studies, approved by specialized bodies, concerning the protection of the environment.
  

(3) Furthermore, except construction, which, by their nature, cannot be located in the city limits, as well as shelters for animals.
  


Article 92 (1) the location of any construction on farmland from outside of class I and II quality, decorated with works of reclamation, as well as those planted with vineyards and orchards, national parks, nature reserves, monuments, archaeological and historical assemblages is prohibited.
  

(2) shall be exempt from the provisions of the preceding paragraph the constructions serving agricultural activities with military destination, railroads, roads of special importance, high voltage power lines and equipment, drilling rigs, oil and gas exploitation related, pipelines transport gas lines or oil, water management and water supply.
  

(3) removing the final aside of agricultural land from outside town, class I and class II quality, decorated with works of reclamation, as well as those planted with vineyards and orchards, through expansion of the built-up area settlements, is made at the initiative of local councils by order of the Director of the Division of agricultural and rural development, the Ministry of agriculture and rural development *).
  

— — — — — — — — —-. (3) art. Amended 92 of point 12 of article 4. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(4) definitive Removal from set-aside land and forestry situated in the outskirts settlements shall be made with the payment, by the requesting persons or bodies, of the charges set out in the appendices. 1 and 2 to this law. From the Fund for the improvement of the Land Fund, which is at the disposal of the Ministry of agriculture and rural development) and the Ministry of environment and climate change).
  

(5) Repealed.
  

— — — — — — — — —-. (5) article. 92 was repealed by item 13 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


(6) in order to permanently fallow set aside forest for the construction and servicing of forestry, farming and reclamation works, regulating water courses, sources of drinking water and weather, as well as targets for farmland or forestry in the area up to 500 sqm, owned by persons under the age of 40 years and wanting to build a home , is not due to the taxes referred to in paragraph 1. (4).
  

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Alin. (6) article. 92 was amended by article in law No. 340 of 3 December 2007, published in MONITORUL OFICIAL nr. 846 of 10 December 2007.

(7) it is also exempt from the payment of the fees referred to in paragraph 1. (4) agricultural villages perimeters or hamlets removed, pending reconstruction.
  

(8) the remaining balance of the Fund for the improvement of land fund set up under the law, unused at the end of the year shall be carried over to the next year and must be used with the same destination.
  

— — — — — — — — —-. (8) article. 92 was introduced by section 1 of article. The EMERGENCY ORDINANCE nr. 102 of 27 June 2001, published in MONITORUL OFICIAL nr. 350 of 29 June 2001.


Article 93 (1) temporary withdrawal of land from agricultural and forestry production, approval holder is required to submit a deposit in cash equal to the fee prescribed for the permanent removal of the set-aside or forest, in a special account of the Fund for the improvement of the Land Fund.
  

(2) the fee referred to in article. 92 para. (4) and for the security referred to in paragraph 1. (1) the Fund for the improvement of the Land Fund, the holder shall receive interest applied by the banking company for the period of deposit.
  

(3) upon satisfaction of the requirements with regard to playing fields, to assist the county agricultural forestry bodies and land owner, the holder will receive the security deposit and interest-free banking.
  

(4) where the holder of the approval shall not execute the work quality and the time limit provided for by agreement, agricultural or forestry body, based on the finding of fact has to execute playback works with charges guarantee deposit.
  

(5) If the holder of the approval shall not perform the works in a new term and quality set by agricultural or forestry body, the whole of the security shall remain in the Fund for the improvement of the Land Fund.
  


Article 94 the definitive or temporary Use of land for purposes other than agricultural production shall be approved as follows: agricultural bodies of the County), through the Office of cadastre for agriculture and agricultural County planning or Bucharest, for farmland up to 1 ha. Approval for any expansion of this land surfaces is given by the Ministry of agriculture and rural development);
  

b) by the Ministry of agriculture and rural development), for agricultural land in the area of up to 100 hectares;
  

(c)), for agricultural lands whose surface exceeds 100 hectares.
  


Article 95 final Use or use of forest lands for purposes other than forestry is approved by the forest County, up to 1 ha, Ministry of environment and climate change), for land in area of up to 100 ha, and the Government for those exceeding this area.


Article 96 (1) the approval referred to in article 1. 94 and 95 shall be subject to the prior consent of the holders of land. Also, for approval. 94 lit. b) and (c)) and art. 95 it is necessary the opinion of agricultural or forestry bodies and of the municipality of Bucharest, where appropriate.
  

(2) unreasonably Refusing to land holder giving agreement referred to in paragraph 1. (1) will be settled by the Court judgment, the court substituting the consent of the person concerned.
  


Article 97 The approval by the Government is necessarily and the opinion of the Ministry of agriculture and rural development), for agricultural lands and the Ministry of environment and climate change) for the land, forest and water and, if necessary, of the Ministry of culture *), for the protection of monuments.


Article 98 is Built at existing settlements on 1 January 1990, highlighted in the land cadastre; It may be modified only in accordance with the law.


Article 99 of the lands of the abandoned gravel beds along the water courses, which are made available as a result of the work of regularization will be adapted for agricultural production, fisheries, or, where appropriate, in the basic workings of their holders.


Article 100 (1) holders of investment objectives or productions located on agricultural land and forest are required to take measures of enforcement objectives, prior construction of the stripping of topsoil from areas approved locations to store it and make it level on land unproductive or poorly productive, as indicated by the agricultural or forestry, with a view to their improvement or value.
  

(2) the storage can be done only with the consent of the land owners. They can't be forced to pay for any increase in value thus obtained nor can I claim for the period of non-use of the land.
  

(3) central public authority responsible for agriculture and rural development and central public authority responsible for forestry shall appoint experts empowered with the recording and monitoring of storage and use the layer of topsoil as referred to in paragraph 1. (1).
  

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Alin. (3) art. 100 was introduced by art. in accordance with law No. 38 of 11 March 2015, published in MONITORUL OFICIAL nr. 172 of 12 March 2015.


Article 101 (1) holders of the work or production, owning the land that you no longer use in the manufacturing process, such as those left in the wake of excavating raw-coal, kaolin, clay, gravel-from abandoned wells and others also are required to take the necessary steps for fitting and levelling, giving them an agricultural use, and if this is not possible , a coastal forestry use within 2 years after the end of the production process.
  

(2) Beneficiaries of the works referred to in paragraph 1. (1) are not going to endorse withdrawal from agricultural production or other forestry lands, unless you have complied with the provisions of this article.
  

(3) the execution of such work is done by specialized units of the Ministry of agriculture and rural development *) and the Ministry of environment and climate change), beneficiaries of the funds provided for under the law.
  


Article 102 (1) of the telecommunications Lines and the transmission and distribution of electric energy, transport pipes for water supply, sewerage, gas, petroleum products, and other similar installations will be locating group along and in the vicinity of communications-roads, railways, dams, irrigation canals and desecări and other limits required in the territory in such a way as not to hinder the execution.
  

(2) approval of the occupation of land in such cases is given by the cadastral Office agricultural and regional planning, Bucharest or County, as applicable, regardless of the size of the surface area required, agreement holders and pay the agreed compensation.
  

(3) Approval under conditions other than those laid down in paragraph 1. (1) shall give the bodies referred to in article 1. 94 and 95.
  


Article 103 (1) occupation of land required to remedy the deranjamentelor in case of damage and carry out maintenance work to the objectives set out in article 3. 102, which are urgent and which runs over a period of up to 30 days, it will be based on the consent of the holders of the land or, in the case of refusal, with the approval of the county or Prefecture of Bucharest City Hall.
  

(2) in all cases, land holders are entitled to compensation for the damage caused.
  


Chapter VIII Organization and planning, organization and Article 104 agriculture regional planning for agriculture on the creation of conditions for a better use of the land for the purpose of agricultural production and are running on the basis of studies and projects at the request of the owners, solving problems is the following: a) referencing the area's agricultural development with other economic and social activities, establishing measures conducive to the growth of agricultural production and the exploitation of the whole of the territory;
  

b) grouping through the amalgamation of land owners and in accordance with the structures and forms of cultivation of the Earth resulting from the pairing, setting perimeters for each property, the evidence that the land spread out and rectifying unreasonable boundaries located;
  

c) elaborating studies and projects of the Organization and planning of agricultural holdings;
  

d) establishing agricultural road network as a complement to the network of roads in the general interest, integrated into the overall organization and arrangement of the territory, for the purpose of transportation of agricultural machines production and access necessary for the production process.
  


Article 105


Studies and projects on organizing agricultural and landscaping is developed by local studies, research and design, or the County, and shall be subject to the discussion of land owners in the area concerned. In the event of their adoption by a majority of the votes of the owners who hold 2/3 of the surface and the approval of the county agricultural bodies, post-exposure and works provided for shall become binding on all owners.


Chapter IX, Article 106 Sanctions violation this law shall entail liability, administrative or criminal liability, as appropriate.


Article 107 Repealed.
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Art. 107 has been repealed by article 16. 35 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 107 ^ 1 Changing the category of use of grasslands, as outlined in article 14. 78 para. (1 ^ 1), without legal approvals, constitutes contravention and shall be sanctioned by a fine from 5,000 to 10,000 lei lei and with complementary sanction consisting of the dismantling work and bringing the land in its original state at the expense of the infringer.
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Art. 107 ^ 1 was introduced by point 3 of article 1. 20 of the EMERGENCY ORDINANCE nr. 34 of 23 April 2013, published in MONITORUL OFICIAL nr. 267 from May 13, 2013.


Article 108 Repealed.
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Art. 108 was repealed by point 14 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 109 Repealed.
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Art. 109 was repealed by point 15 of article 2. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 110 Repealed.
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Art. 110 was repealed by article. 35 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 110 ^ 1 rules concerning offences Constitute the reconstitution of ownership the following facts: a) repealed;
  

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Lit. the article) 110 ^ 1 was repealed by article 19. 35 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

b) display data. 27(2). (4 ^ 1) by the Mayor within 10 days of the end of the preceding month;
  

c) displaying the Mayor has some data on restoring or establishment of the right of property, which does not correspond to reality.
  

d) any deed that has individuals membership of a Commission for the application of this law to the absence from any meeting unmotivated;
  

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Lit. d) art. 110 ^ 1 has been introduced by section 2 of art. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

the President's Commission e) deed to disrobe at its seat, during working hours, without having to refer to a person authorised to provide all information and documents necessary for the control of the national authority for Property Restitution or prefect times its Trustees;
  

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Lit. s) art. 110 ^ 1 has been amended by point 9 of article. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.

f) deed of any individuals to prevent or limit the access of citizens to information of public interest concerning the application of the laws of the Land Fund;
  

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Lit. f) art. 110 ^ 1 has been introduced by section 2 of art. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

g) of any person to the deed, by any means, including by refusing to submit the documents or information requested — and any checks by the Trustees of the national authority for Property Restitution, the prefect or the representatives thereof;
  

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Lit. g) of art. 110 ^ 1 has been introduced by section 2 of art. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.
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Art. 110 ^ 1 was introduced by paragraph 16 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 110 ^ Offences referred to in article 2. 110 ^ 1 shall be imposed as follows: a) repealed;
  

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Lit. the article) 110 ^ 2 has been repealed by article 16. 35 of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

b) those of the letters b and c)) with a fine from 50,000,000 lei to 100,000,000 lei.
  

c) the white and rosé wines. (d)), with a fine from 500 lei (RON) at 1,000 lei (RON), for each absence without leave;
  

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Lit. c) art. 110 ^ 2 was introduced by point 3 of article 1. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

d) the white and rosé wines. e) and (f)), with a fine of from 2,000 lei (RON) at 10,000 lei (RON);
  

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Lit. d) art. 110 ^ 2 was introduced by point 3 of article 1. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.

e) the white and rosé wines. g), with a fine from 50,000 lei (RON) to 100,000 lei (RON).
  

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Lit. s) art. 110 ^ 2 was introduced by point 3 of article 1. in Title VI of the EMERGENCY ORDINANCE nr. 209 of 22 December 2005, published in Official Gazette No. December 30, 2005 1,194.
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Art. 110 ^ 2 was introduced by paragraph 16 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 110 (1) ^ 3 Finding contraventions and penalties provided for in article 10. 11 ° w: ^ 1 and art. 110 ^ 2 are made by the Trustees of the national authority for Property Restitution and the prefect or the representatives thereof, in the case of members of the local committees.
  

(2) where the supervisory body considers necessary, law enforcement police, gendarmerie and other officials of the public force, as appropriate, shall be required to give the contest for obtaining data and information needed to control activities, as well as for carrying out any other activities required for this purpose.
  

— — — — — — — — —-. (2) of article 9. 110 ^ 3 was amended by paragraph 10 of article 10. 1 of law No. 263 of 27 June 2006, published in MONITORUL OFICIAL nr. 572 of 3 July 2006.
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Art. 110 ^ 3 was introduced by paragraph 16 of article. I of title IV of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 111 Constitute contraventions to the rules relating to the use, protection, and improvement of agricultural land or forest the following facts, if they are not committed in such circumstances that, according to the criminal law, constitute offenses: a) conducting exchanges of land and a change in the category of land use from the upper to the lower bound, and the final or temporary use of agricultural and forestry land for purposes other than agricultural and forestry production;
  

b) non-County cadastral bodies at the property to the owners within 30 days following approval, exchanges of land and a change in the category of use thereof, as well as data about the size and category of service areas;
  

(c) failure to take the measures) owners of lands and by persons authorised, for keeping in good condition of geodetic, topographical, terminals of the metallic parts of the pyramids, and levelling with the geodetic points, as well as the degradation and destruction of their fault;
  

d) nedecopertarea by recipients of investment of fertile soil, before the execution of objectives, and this layer to store and/or the areas established by the agricultural and land-use planning and failure to take measures on leveling the land left by excavating coal, kaolin, clay, gravel, abandoned wells and the like;
  

e) location any goals, except as provided in article 13. 92, on land situated in the area, without notices or approvals provided by law;
  

f) employment and land use have been approved to be temporarily or permanently removed from agricultural production, before being bounded, bornate and taught;
  

g) land degradation and cultures through storage of material or waste gravel, rubble, sand, metal, prefabricated construction residues, household garbage, and the like;
  

h) failure to take appropriate measures by legal or natural persons in order to avoid damage to adjacent lands through the residues from the production activity and leakage of any kind.
  


Article 112 Offences referred to in articles. 111 shall be imposed as follows: a) the white and rosé wines. the-c)), with a fine of 500,000 to 1,000,000 lei lei;
  

b) the white and rosé wines. d)-h), with a fine from 1,000,000 to 2,000,000 lei lei.
  


Article 113 Penalties can also apply to legal persons, as follows: a) those of art. 111 lit. the-c)), with a fine of 5,000,000 to 10,000,000 at lei lei;
  

b) the white and rosé wines. d)-h), with a fine of MDL to 10,000,000 to 20,000,000 lei.
  


Article 114


(1) the finding of violations and sanctions are carried out by specialists of empowered for this purpose by the Ministry of agriculture and rural development and, where appropriate, by the Ministry of environment and climate change), the representatives of the prefect and empowered the Director general of the Directorate-General for agriculture and food, or, where appropriate, by a Chief Inspector of the County Forestry Inspectorate, as well as by the Mayor.
  

(2) the Act of finding themselves with respect to the payment of damages by the culprits and, where applicable, restore the previous situation.
  


Article 115 insofar as this Act provides otherwise, no offences under article 4. 111 shall apply the provisions of law No. 32/68 *) concerning the establishment and sanctioning violations, with subsequent amendments.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 32/68 concerning the establishment and sanctioning of offences has been repealed by article 16. ORDINANCE No. 51 from 2 of 12 July 2001, published in MONITORUL OFICIAL nr. 410 of 25 July 2001.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter X transitional and final provisions Article 116 (1) communal Committees, city and municipal, constituted under the provisions of art. 12, will perform the work and operations of the law, of their competence, regardless of whether they constitute or reconstitute ownership times through the order is returned to the land of the prefect, by giving such work, where appropriate, the County Commissioner of jurors, or for the issue of titles of ownership, namely the issue of the order of the prefect.
  

(2) the committees referred to in paragraph 1. (1) will carry out enforcement operations, which for this purpose reports which they submit to the county committees.
  

(3) in the cases referred to in article 1. 17, art. 30 paragraph 2. (2) and in article 8. 37, county commissions, on a proposal from the boards of the municipal, city and communal, where appropriate, will issue rulings for pensioners entitled to establish their right to action.
  

(4) the Commission decision will be transmitted to the County interested individuals and company concerned, within the time limit referred to in paragraph 1. 1. (5) communal Committees, city and municipal by the outgoing Commissioner, and county commissions and the municipality of Bucharest, by decision of the Government.
  


Article 117 the period of work, city and municipal committees, councils and committees, their members, employed with the individual contract of employment, consider themselves, delegates and other members of the committees receive an allowance which will be established by rules of law enforcement.


Article 118 expert staff; 8 of Decree-Law No. 43/1990) on some measures to stimulate the economic activity of the Russian peasantry and agricultural cooperative units and state that he has pursued the activity in agricultural cooperative units disbanded or reorganized companies, receive priority article 19 para. (1) or of article 5. 21. In article 119 (1) historic monuments, and archaeological remains, who will discover the treasures of the soil or the subsoil are under protection of the law.
  

(2) owners and keepers of the land are required to ensure their integrity, to refer the matter to State authorities and to conduct research and conservation work.
  

(3) land Owners will be compensated for damages and for the lands taken in the public domain, or with equivalent, as appropriate.
  


Article 120 time worked for the former cooperation within the agricultural production cooperatives are considered the granting of pension and other social insurance rights.


Article 121 Financing of land register general geodetic works, photogrammetric and regional planning, as well as the related data banks at County and national level, will be made from the budget.


Article 122 appendices. 1 and 2 are an integral part of this law.


Article 123 (1) this law shall enter into force on the date of its publication in the Official Gazette of Romania).
  

(2) on the date of entry into force of this Act are hereby repealed:-art. 1-36 and 51-79 of law No. 59/1974 concerning the Land Fund, published in the Official Gazette nr. 138 of 5 November 1974;
-Decree-Law No. 42/1990 concerning certain measures for stimulation of the peasantry, published in the Official Gazette of Romania, part I, no. 17 of 30 January 1990, with the exception of art. 8-11;
-Law No. 9/1990 on the prohibition of temporary land through acts between vineyards, as published in the Official Gazette of Romania, part I, no. 95 of 1 august 1990, with the exception of art. 2;
-H.C.M. nr. 656/1975 for establishing and sanctioning of violations to the rules on record-keeping, use, protection and improvement of agricultural land, published in Official Gazette No. 74 of 16 July 1975;
-Decree No. 115/1959 to liquidate the remnants of any form of exploitation of man by man in the agriculture, for the purpose of lifting living standards and cultural material of the working peasantry and of the development of Socialist construction, published in Official Gazette of the Grand National Assembly of the Romanian people's Republic nr. 10 of 30 March 1959;
-any other provisions contrary to the provisions of this law.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and dates of entry into force of the normative acts modifying.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ the annex 1 Annex 1 tax due for final removal of set-aside land area ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Class 1 2 3 4 5 agricultural land ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Tax-/3.00 3.50 4.00 sqm 2.50 2.00 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Please note: the fee due for the final removal of the set-aside of land area is calculated by multiplying the surface expressed in square meters of the land sought to be pulled aside to the value in the table. The amount of this charge are indexed annually with the inflation coefficient.
— — — — — — — — — — Annex 1 was modified by art. in accordance with law No. 341 on 17 July 2006, published in MONITORUL OFICIAL nr. 626 of 20 July 2006.


Annex 2 the fee for permanent use forest lands for purposes other than forestry production and deforestation of forests — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-Class quality — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 2 3 4 5 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-percentage Charge applicable to 600 550 500 400 300 at sale price — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Note: the percentage applies to the value of production fixed for the volume stability of species in the area considered in the range established by the forest management plan, or assimilated.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Please note: — — — —-Reproduce below in articles II-V of law No. 169/1997, which have not been incorporated into the text of the consolidated law No. 18/1991 and which still applies, as the provisions of law No. 169/1997.

Please note that the references in these articles refer to the texts of the law nr. 18/1991, as published in the Official Gazette of Romania, part I, no. 37 of 20 February 1991.

"Art. II.-the provisions modifying or supplementing the abrogation of the times of the present law shall not affect in any way the Securities and other property, in compliance with the provisions of the law of the Land Fund No. 18/1991 date. "" Art. III (1) Are hit by absolute nullity according to the provisions of civil legislation, applicable on the closing date of the Act, the following legal acts issued in contravention of the provisions of the law of the Land Fund No. 18/1991: a) acts of reconstructing or establishing ownership in favor of individuals who were not entitled under the law to such reenactments or Constitution;
  

b) the instruments setting up the property right on the land that are in the public or private domain of the State, or in the public domain of communes, towns or municipalities;
  

c) acts of reconstructing or establishing ownership in the settlements on land claimed by former owners, except for attributed to pursuant to article 5. 23 of the law (article 24 of law No. 18/1991 republished);
  

d) the instruments setting up property rights on lands provided as communal izlaz;
  

e) acts establishing the property right, pursuant to article. 20 (article 21 of law No. 18/1991 republished), in localities where it was applied a quota reduction provided for by law;
  

f) documents establishing the property right, pursuant to article. 20 (article 21 of law No. 18/1991, reissued) and where the respective locality was established property rights to persons entitled by law;
  

g) transfers of land from one locality to another, carried out in violation of the conditions prescribed by law, in order to increase awareness through this land value received as a result of the transfer.
  


h) buying-selling acts relating to construction or use affected social-cultural houses, nurseries, kindergartens, canteens, dormitories, offices and the like-what used to belong to cooperatives, agricultural production in violation of mandatory provisions referred to in the last paragraph of art. 28 of the Act (article 29 of law No. 18/1991 republished).
  

(2) the nullity may be invoked by the Mayor, the prefect, the District Attorney and others who justify a legitimate interest, and settlement is the competence of the courts of common law, which have unlimited jurisdiction.
  

(3) where, on land which had been the subject of legal acts found null and void pursuant to paragraph 1. (1) have any building erected, shall apply the provisions of articles. 494 of the civil code. "" Art. IV.-(1) people who have not requested within the period prescribed by the law of the Land Fund No. 18/1991, restoring property rights, or those applications were lost or who have not received any response you can address with a new request, city or municipal committees, within 90 days from the date of entry into force of this law.

(2) the provisions of paragraphs 1 and 2. (1) shall not apply to persons who, under the law of the Land Fund No. 18/1991, lacked a vocation to ask and, respectively, to reconstruct the ownership. "" Art. V.-by law, after drawing up balance specialâ Land Fund, it will regulate attribution in use or, where applicable, in agricultural land ownership from the private sector of the State, young families, specialists in rural areas, which war veterans were awarded land according to law No. 44/1994, as well as teaching staff, in accordance with the law No. 128/1997 concerning the status of teachers. "

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