Law No. 86 Of 6 October 1938

Original Language Title:  LEGE nr. 86 din 6 octombrie 1938

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Law No. 86 of 6 October 1938 for the measurement, collapsing and parceling of lands in improprietariti inhabitants, on the basis of laws of 13 June 1874 and February 1875, 19 are in joint possession PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 232 of 6 October 1938 Chapter 1 General article 1 Dispoziţiuni Land with which they were improprietariti inhabitants and dominieni settlers in Bessarabia, in virtue of the law of 13 June 1874, as amended and supplemented by the law of 19 February 1875, earths placed either in between joint possession or assets constituiesc "property Fund", established by the law on land reform in Bessarabia from 13 March 1920 or any other properties, will be measured, merge and prescripţiunilor plot, in accordance with the present law.


Article 2 the Land Surface due to each inhabitant of the Earth that has the right, on the basis of laws of 13 June 1874 and February 19, 1875, established on the basis of roles in 1874-1875 and the titles of ownership, taking into account the facts of each village, how and on the basis of long duration, arendarilor at 36 years and several years and acts of sale promise made prior to the unification of Bessarabia When villagers use necontestata and pay taxes for these lands. Total recognised lotasilor surfaces of the last two categories, will not be able to overcome any grounds whatsoever the amount assigned areas and listed in those initial roles with which they have contracted.
The surface of the land consists of: a) the place of home you posses in the hearth of the village, gardens, vineyards, orchards or plantatiunile belonging to staff and for which a right of possession tolerated;
  

b) the Rest of the culture until the completion of the total.
  


Article 3 rights proper to each inhabitant of this finding will be made by an comisiune, orchestrated by the judge in question, from which it will no longer be part of the village mayor or a member of his delegation, the communal Council, municipal Secretary and two residents appointed by the inhabitants before the judge at the time of the establishment of the Commission.
This comisiune will draw up an array consisting of all the residents who own land in the coming through land reform voting done on the basis of the laws referred to in article 1. with the brightness of previous titles which possess, without regard to the coming changes by applying the law of land reform.


Article 4 this picture will be displayed on the door of the Town Hall question for 15 days, is bringing this to the attention of the Mayor, the inhabitants through the sell and drum beatings.
At the expiry of the 15 days, Deputy Mayor or municipal or legally, assisted by the Secretary, will conclude a Protocol, in duplicate, which will mention the day has been displaying the painting and as they did strigările drum beats.
The dashboard thus drawn up, together with a report, shall be sent to the President of the Tribunal in question.


Article 5 everyone unhappy with statements made in the dashboard made up according to art. 3, will be able to appeal, through a written request addressed to the President of the Court concerned, within a maximum period of 30 days from the date of expiry of the Dale, referred to in art. 4 of this law.
Failure of such requests in order to make all stakeholders drawn up in accordance with article dashboard. the previous, without any other remedy. In this case, the President of the Tribunal, through a log, will confirm as soon as picture, this shall be communicated to the respective City Hall.


Article 6 in the case when the scoreboard drawn up under article counter. 3 of this law has been appealed, the President of the Tribunal will fix as soon as the trial period, before the Tribunal.
Not later than three months from the presence of many date the appeal, the Tribunal will pronounce its decision, which is to specify the changes eventually to be made of the painting referred to in art. 3 of this Act.
The decision will be sent to the registry of the Court of first instance, through care no later than one month from the presence of the Secretary's pronouncement, the village concerned, within a maximum of five days, will receive from the way forward under the stakeholder making proof, it will mention the date of surrender.
Offering proof will be sent by the Secretary to the parish on the same day of the Tribunal, to be attached to the dossier.


Article 7 Those unhappy with the decision of the Court will be able to appeal to the Court of appeal within one month of receipt.
The appeal will be lodged at the registry of the Tribunal.


Article 8 the Court of appeal will judge the appeal mainly and finding reasonable it will evoke the Fund, judging from the last instance.


Article 9 the Tribunal Court verdict or managerial decision remaining definite appeal, neatacare will be sent through the respective City Hall graft to modify article dashboard. 3 in accordance with these decisions.


Article 10 copy of the dashboard stayed permanently will submit urgently by City Hall that will enlist the cadastre has running measurement, Mikoto and parcel/plot.


Chapter 2 execution of measurement, under article 11 and parcel/plot cadastre Delegate responsible for the technical execution of measurement of land located in joint possession in a village, will fix the date of commencement of the work on the ground and will become available through a collective încunoştinţare, calling all stakeholders, to establish boundaries: mayoralty of respectively, neighbors, and anyone would have any right of any kind.


Article 12 the collective Încunoştinţarea will be signed personally by the delegate will enlist the cadastre and includes: the name of the village is located within the territory of the plot in joint possession, year, month, day and time fixed for the commencement of the work, when the parties will be called upon at town hall depicting, bringing all plans or documents will also have their pretentiunile on their backs.
This încunoştinţare will be sent with at least 15 days before the day of the presentation, both the Secretary of the village concerned, and to all neighbouring villages Secretaries will be displayed on the doors of the Mayor, bringing it to the attention of the public through the sell beats the drum, in the first Sunday preceding the day of the presentation.
The collective Încunoştinţarea will remain displayed for 10 days after the expiry of the Secretaries will conclude one villages report of the discovery of all pageviews.
These reports will be sent to the Secretary of the village in whose territory is situated the land in joint possession, to be handed to the delegate survey.
The existence of protocols, based on finding the folder works, make full proof that the parties concerned have been regularly summoned.


Article 13 Once started the work, interested parties will be able to watch them on the ground until their completion.


Article 14 the delegate survey, on the basis of the documents submitted, informatiunilor, declaraţiunilor to the parties and in their presence, will you choose to attend, will agree with them on the pitch, every milestone that will be secured and elsewhere.
In case of misunderstanding, the delegate will choose the line survey milestones, on the limit of tenure.
The delegate will then draw up a survey report of the commencement of the work, you will find the performance of the procedure for the parties, calling plans and acts done and how the sequence of operations on land borders choice.


Article 15 after completing this operation, the delegate will assess the cadastre performing technical measurement, perimeter, both general and all the details, after which a second adaptations will report, in which you will find: the area of land measured in both total and partial, by category of service of land and borders, in detail, about every way.


Article 16 a copy of the minutes referred to in art. 14 and 15, together with a copy of the plan will be sent from the delegate survey, respectively, Secretary of the village and the neighbouring villages, Secretaries who will immediately display on the doors of town halls, for 10 days, bringing it to the attention of the public and sell through and beat the drum.
At the end of the show, the Secretaries will end villages minutes of finding afiserii, a copy of which you will submit the delegate survey.
A copy of the work, concluded by the delegate survey, along with the plan and with the evidence of the finding afiserilor by the Secretary, will remain on the record.


Article 17 all those unhappy with the work of measurement and choice of borders will be able to make opposition to the Court granting the village whose estate is divided, within 15 working days of the date of expiry, which from the display of the protocols the delegate survey at City Hall, or as the work was done in their presence, whether they were failing.


Article 18 the appeal made in two copies shall contain the name and place of residence contestatorului, pronouns and will show all the reasons for the appeal.
She will be accompanied by all documents in hard copy or original, which the authors choice to serve.


Article 19 the judge not later than 10 days after receipt of the appeal, Dale will send a copy that works for the cadastre will be required on all copies of the works concerned, as well as a memoir of how the work was made.
After receiving these latter works will fix the deadline and will have summoning parties, pronouncing judgement within two months after receipt of the cadastral works dela.


Article 20


The authors will be quoted at shown by the opposition: the national cadastre, at its headquarters in Bucharest, and all others who might have an interest, through a collective încunoştinţare.
This collective încunoştinţare will be sent at least one month before the day of the presentation, both the Secretary of the village belonging to the land, and all measured Secretaries, neighboring villages, which will immediately display on the doors of the Mayor, bringing it to the attention of the public by the sell beats the drum.
The collective Încunoştinţarea will remain displayed for 10 days, and at the end of this period, the Secretary shall conclude one villages clean report of finding afiserilor.
The minutes, whereby the Secretaries find display shall send, at least 10 days before the day of the presentation, the registry of the Court, they will attach to the opposition.
The existence of these reports to make full proof file as stakeholders were regularly called.


Article 21 the judge of appeal will judge the detour, relying on evidence which will be presented may make corrections or require verification measurements.
Verification will be done by the two experts, namely: a delegate of cadastre and an engineer, chosen by the objector.
In case of divergence between them, the judge will appoint ex officio a third expert engineer.


Article 22 introduction of appeal over deadline in art. 17 will result in its cancellation.


Article 23 Judgement will draw up not later than one month from the rock and will be sent to the pronouncement of the Secretary of the village, to be handed to the parties, in accordance with the rules laid down in article 21. 6 of this Act, from the works of cadastre, through Police Prefecture capital.


Article 24 Those unhappy with the decision of the judges will be able to appeal to the Court, within one month after the rules of communication, dela. 7, and prosecuting the appeal shall be made in accordance with prescripţiunilor. 8. Article 25 the verdict of the Court, or court decision final remaining appeal, via neatacare will be sent through the respective cadastral Works for graft.


Article 26 after paintings; 3 and will remain definitive measurement, it will create a comisiune called Comisiune Mikoto and parcel/plot.
This comisiune consists of: a delegate of Works land registration, comasarilor and ameliorarilor;
A delegate of Works land reform;
A delegate of the works for the forestry regime;
The Mayor of the commune in question or a member of the communal Council, delegated by the Council;
Two officials justified inhabitants.
The clerk or Secretary of the commune in question will perform the function of Secretary of the Commission.
Comasarilor works for the cadastre, delegate and ameliorarilor of agricultural works for agrarian reform and works for the forestry regime will be appointed by the Ministry of agriculture and areas.
Delegates will be designated by the inhabitants of aclamatiuni or by drawing lots, of the residents entitled, in front of the Mayor of the commune in question.
The President of the Commission is the highest officer rank and in the event of a tie, the highest degree in Valdez
Decisions shall be taken by majority vote, and in case of parity the vote of the President is decisive.


Article 27 This comisiune will proceed, first of all, the choice and determination of areas of land not included in the total given by the inhabitants of the land granted in accordance with article. 11, law of 19 February 1875 and land with a general use that will deduct from the total area resulting from measurement.
These lands are;

All of the necultivabilele as:) r.d., prunduri, matcile and stufariile, as well as water and land degraded and the improductive;
  

b) land areas occupied by motorways, County and municipal roads required national defence, railways, all existing or proposed and streets inside the villages; for all those public roads will be the destination in question, in accordance with the laws of the breadths of force c) a 20-m area around the Lakes needed for fishing;
  

(d) Any other land) who are not residents of the municipalities of concedate express or by law and does not include the category of the above indicated;
  

e) 10% of the total area arabila, what will be the destination for the creation of the necessary protective curtains enhance agricultural productiunii and for national defense.
  

The breakdown, and the demarcation of land intended for protective curtains will be made in advance for cadastral works parceling in batches.


Article 28 If remaining after final measurement and after lowering operations provided for in the preceding article will notice a total area of less than that laid down in the article. 10 of this law, shall be reduced in proportion to the surface due to everyone.
If there is a larger area, the difference will remain the property of the respective town hall with the destination resort for the creation of agricultural and forestry experimentations, and afforestation, increasing the village's home or land reform voting those deprived of their land, which they will sell at a price fixed in bending than the locality, for expropriation carried out on the basis of the law on land reform in Bessarabia from 13 March 1920.


Article 29 based on data obtained from measurement, comisiunea Mikoto, and parcel/plot will be prepared an array with the names of the improprietariti, specifying the areas held by each House for place in the hearth of the village, gardens, vineyards, orchards, forests and plantatiuni of any kind, and the surface is more appropriate as a land of culture and imas until completion of the full surface which is in accordance with article 21. dashboard dela 10, as amended, or where appropriate on the basis of dispoziţiunilor art. 28 of this law.


Article 30 in the communes where they made the expropriation and improprietariri, based on the land reform law for Bessarabia since 1920, comisiunea Mikoto, and parcel/plot, taking the basic dashboard; 29 of this law and that drawn up by the comisiunea of improprietarire, will draw up a roll indicating in separate column of the appropriate areas of each improprietarit, both on the basis of laws of 1874 and 1875, and the agrarian law of 13 March 1920.
If the remaining after final measurement will find that the total surface expropriata is lower than that provided for in Commission paintings of improprietarire shall be reduced in proportion to the surface due to each improprietarit.


Article 31 the share owner's intangible fixed by decision of the expropriation shall not be reduced under any circumstances, and inexpropriabile land, as set out in the expropriation decisions handed down under the land reform law for Bessarabia in 1920, will leave the real surface found in the measurement.


Article 32 pasture Land (imas) for all inhabitants of the radius of a village, will become of preference or near the village where you will find your own land for this purpose.
Imasului surface shall be at least 10 per cent of the arable land area of the estate, thus reducing proportionately the surface it proper to each a.
In the calculation of such surfaces will not enter the share attributed to the owner, on the basis of the law of land reform in Bessarabia from 6 March 1920.
Imasul so definitively determined on the ground constitutes the wealth of cooperators who are required by law for the organisation, administration and exploitation of rangelands are obliged to set up the Association of grazing, within 6 months from the rock imasului delineation.


Article 33 Batches will be given in the order of their marimei, the smaller ones closer to the village.
Lots of the same size shall be divided by lot.
The day and time for carrying out this operation shall be fixed by the amalgamation of the comisiunea and parcel/plot and will bring to the attention of the inhabitants of the parish Secretary.
Convocation will includes the place, day and hour of commencement of the work and will be displayed on the door of the City Hall with at least 5 days before the deadline laid down, letting it sell and also by beating the drum.
Of these formalities have been Secretary of the commune will conclude a Protocol, it will send the Commission Mikoto and parcel/plot to attach to your Inbox.
Existence of the files of the minutes mentioned above make full proof that the residents were regularly called.


Article 34 on the day of the call, the Commission and this House parcelling of land consolidation, residents will be howling at your hardships in the order in which they are enrolled in the dashboard; 29 and 30 of this Act to draw lots, in order to establish the order in which it will make distributing batches.
Shouting, and the draw will be made either individually or by groups of improprietariti, consisting of members of the same family if they will ask.
For absent residents will shoot the Mayor, the statement in the report what will end.
Finding of the workmanship of the prize draw will be made by means of a report drawn up in two copies one of which will be kept in the archives of the Town Hall, and the second copy will attach in the works of the Commission for Mikoto and parcel/plot.


Article 35 Comisiunea Mikoto and parcel/plot, taking into account the outcome of the masuratoarei parcelar project will establish a detailed distribution of culture due to those entitled, setting the agenda and purposes of which is to make the settlement and numbering lots.


Article 36 Lots will consist of one or three plots, with condiţiunea as in this latter case the difference in quality to require Division. The plots may not be less than 2 ha.

The parcels will have a more regular shape, with dimensions chosen so that their width should be about 1/4-1/5 of the length.
The ends of the plots will be mandatory marked on the ground by permanent natural stone or concrete.
The cost of the terminals, including transport and their ingropatul in the land, will be borne by lotasilor.


Article 37 on the basis of the order established by the drawing of lots and the parcel/plot; 35, the delegate will assess the Cadastre plan and parceling the implementation on the ground, according to residents with proper instrument panel; 29 and 30.


Article 38 after finishing work on the application of parcelarii on the ground cadastre delegate will notify in writing the day which will be fixed for consignments to those justified in teaching and who will be notified, through the hits, sell beats the drum.
On the day fixed delegate delegate survey accompanied by County Agricultural Office, Mayor, and Secretary of the residents concerned, will carry on the ground and will teach each squad has been assigned.
Lots of absentees or those who refuse to receive them will be given over to the Mayor, or in his absence the Secretary, through the minutes, which shall be enforceable against the holder concerned. In the interval before the presentation, the Earth will be able to rent annually to the Town Hall, by public auction, and the oral will be made on income account and the disposal of the holder.
Running the teaching will ascertain through a report, trained in 4 copies, taking a copy of the delegate survey, one primary and two County Agricultural Office delegate, a copy of which you will send the Board of agriculture.
Copies of the plan will be sent parcelar of the national cadastre, the Chamber of agriculture, Forest Service, Service and the respective City Hall.


Article 39 on the basis of the plan parcelar and enter in the data referred to in article dashboard. 39 and 30, the Ministry of agriculture and the fields will release individual titles of ownership.


Chapter 3 Article 40 Payment works for measurement and application of parcelarii, residents receiving Earth will pay the following prices: State of) 100 lei for each House in the village;
  

b) 100 lei HA for vineyards, orchards of fruit trees or plantatiuni;
  

c) 80 lei HA lots of culture, pasture or improductive;
  

d) 25 lei for each landmark buried in Earth.
  


Article 41 Payment due the State for execution of work will be done on the basis of the unit prices specified in art. precedent and would be fulfilled by the local agencies are required by law to track revenues.


Article 42 the Finance Ministry puts at Ministry of agriculture and dispoziţiunea Areas, the national cadastre, the sums required for the execution of measurement, parcelarii, parceling and application through opening credits, repayable from the proceeds of the charge based on article dela inhabitants. precedent.


Chapter 4 final provisions Article 43 Dispoziţiuni improper to Places like: kidnap, prunduri, stufariile, matcile and water according to art. 11, law of 19 February 1875, it will reserve on behalf of the House of Commons, which will be obliged to put them into value through afforestation or other forms of exploitation.
Degraded land will reserve on behalf of the House of Commons, who will have an obligation to impaduri them, according to the law in order to improve degraded lands from 1930.
Land intended for creating protective curtains, also will be assigned to their respective communes, with an obligation to impaduri them.
Impadurirea, management and exploitation of these lands will be made by the Forest Service of the State, according to the forestry laws in force, the curtains and plantatiunile forestry established the communal forests accounting for protection.
Town halls are obliged to provide special funds in their budgets to meet the obligations imposed by this law in respect of afforestation and any income from the areas delineated for the curtains, until their impadurirea will be affected.


Article 44 Road Area of parcels will be included in the surface lots.


Article 45 All judicial and extra-judicial acts, made in the presence of the law enforcement, are exempt from any stamp duty.


Article 46 Municipalities, administrative officials and clerks who will not execute the duties imposed by this Act, in addition to disciplinary punishment shall be punished according to the dispoziţiunilor art. 190 of the penal code.


The areas listed in article 47 paintings which make mention of the present law shall be indicated in acres and square meters.
Desetinelor transformation in hectares is considered an equal to one hectare desetina and 925 meters (1 ha 0.925).


Article 48 shall comply with the exits of joint possession made definitively, with engineering plans, up to the date of promulgation of the present law or judicial process or by proper învoiala of local obstei.


Article 49 within 30 days from the publication in the Gazette of this law, all those who were not registered in the paintings until aci formed according to art. 3 of the Act of 1931, or who are not happy with what rights have been recognized through these paintings, will be able to appeal after the procedure laid down in article 21. 5, the President of the Tribunal.


Article 50 the land subject to the present law dispoziţiunilor will be operated after completion of exit from joint possession, by asociaţiuni farm, of which will be part of the law and all the inhabitants of the owners of these lands.
These asociaţiuni will be created and will play according to dispoziţiunilor law for organizing cooperative, under the supervision of a vigil and agronomist.
Ministry of agriculture and the areas through the year, the Ministerial, will determine in detail the mode of organisation and functioning of these asociaţiuni.


Article 51 rules of public administration will be able to enlighten and fill dispoziţiunile this law.


Article 52 all the laws, regulations and dispoziţiunile of the present law are opposites and remain repealed.
The Minister, Gheorghe Ionescu-Sisesti.
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