LEGE no. 169 169 of 27 October 1997 (* updated *) to amend and supplement Law of Land Fund no. 18/1991 ((updated until 25 July 2005 *)
ISSUER
PARLIAMENT
----------- *) The initial text was published in the OFFICIAL GAZETTE no. 299 299 of 4 November 1997. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until July 25, 2005, with the modifications and additions made by LAW no. 247 247 of 19 July 2005 . The Romanian Parliament adopts this law + Article I Law of Land Fund no. 18/1991 * *), published in the Official Gazette of Romania, Part I, no. 37 of 20 February 1991, as amended, shall be amended and supplemented as follows: ----------- * *) Law of Land Fund no. 18/1991 has been republished under art. VII of Law no. 169 169 of 27 October 1997 , published in the Official Gazette of Romania, Part I, no. 299 of 4 November 1997, giving the texts a new numbering. Please note that Law no. 169/1997 it also contains some of its own articles, numbered from II to V, which have not been incorporated into the republished text of the Law no. 18/1991 . Law no. 18/1991 republished in the OFFICIAL GAZETTE no. 1 1 of 5 January 1998 was amended by EMERGENCY ORDINANCE no. 1 1 of 23 January 1998 ; LAW no. 54 54 of 2 March 1998 ; ORDINANCE no. 90 90 of 26 August 1998 ; LAW no. 209 209 of 13 November 1998 ; LAW no. 218 218 of 25 November 1998 ; EMERGENCY ORDINANCE no. 168 168 of 1 November 1999 ; ORDINANCE no. 69 69 of 24 August 2000 ; LAW no. 215 215 of 23 April 2001 ; EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 ; LAW no. 545 545 of 17 October 2001 ; JUDGMENT no. 1.172 1.172 of 21 November 2001 ; LAW no. 389 389 of 13 June 2002 ; LAW no. 400 400 of 17 June 2002 . 1. Paragraph 2 of Article 5 shall read as follows: " (2) The lands that are part of the public domain are inalienable, indistinguishable and unpredictable. They cannot be entered into the civil circuit unless, according to the law, they are decommissioned from the public domain. " 2. Article 6 shall read as follows: "" Art. 6-The private domain of the state and, respectively, of the communes, cities, municipalities and counties is made up of the lands acquired by them by the modes provided by law, as well as from the decommissioned land, according to the law, in the public domain. He is subject to the provisions of common law, unless otherwise provided by law. " 3. Article 9 shall read as follows: "" Art. 9-(1) Persons who have been reconstituted their ownership within the land area of 10 ha of family, in arable equivalent, may ask for the reconstitution of the property right and for the difference between this area and the one they have brought it into the agricultural cooperative of production or which has been taken up in any way by that, up to the limit of the area referred to in art. 3 lit. h) of Law no. 187/1945 for the achievement of agrarian, family reform, regardless of whether the reconstruction is to be done in several localities or from different authors. (2) Persons who have been reconstituted the right of property, according to the law, within the land area of up to 10 ha of family and to whom the reduction quota has been applied according to art. 13 13 para. (3) of the law can apply for land areas that constituted this quota. Applications shall be made if the discount rate exceeded the percentage of 5%. ... (3) The application shall be submitted to the town hall or, as the case may be, to the municipalities of the localities within which the land for which the property is to be reconstituted, personally or by post, with acknowledgement of receipt, within 90 days from the date of entry into force of this law, under penalty of forfeiture. ... (4) The application shall include: ... a) the name and surname of the applicant and its domicile; ... b) the status of holder or heir of the property right for which they have been reconstituted or are to be reconstituted this right, according to the present law; ... c) the area of land that has been reconstituted and the difference it requires. ... (. The application shall be annexed to: ... a) copy of the copy of the title which was issued or, as the case may be, from the minutes or the statement of possession; ... b) xerox copies of the supporting documents of the property right for the areas of land requested in addition; ... c) a statement in which it will be mentioned, on its own responsibility, the total land area assigned in the property, by reconstitution or by constitution, by the family, according to the present law, even if they were made in several localities or by to several authors. ... (6) The mayor will be a special register, initialled, numbered and sealed, in which the applications submitted by the entitled persons will be registered, in chronological order, and will issue, on request, a receipt with the registration number. ... (7) For applications submitted by post, the confirmation of receipt will be mentioned the registration number of the application and its date. ... (8) The mayor or secretary of the local council is obliged to receive the application and to register it, whether or not it includes all the mentions specified in par. ((4) and if it is not accompanied by all the acts provided in par. ((5). In this case, the mayor or the secretary is obliged to communicate to the applicant that, within the period of 90 days, to submit all the documents mentioned in par. (5), under penalty of its decline in the term. ... (9) Failure to comply with the obligations (6) by the mayor or secretary entails both their administrative and disciplinary liability, according to the law, and the payment of damages or, as the case may be, damages. ... (10) After the expiry of the 90-day period provided in par. (3), the mayor is obliged, within 30 days, to draw up the situation regarding the categories of persons, the agricultural land requested and the balance of the land fund on the locality-commune, city, municipality-, in order to reconstitute the right of property, according to law. Within this term, the mayor will convey to the prefect, under signature. ... (11) Within 15 days of receipt, the prefect will draw up the situation regarding the categories of applicant persons and the balance of the land fund on the county, which he will transmit, in the same term, to the Department for Local Public Administration. ... (12) After the establishment of the balance of the land fund at the country level, the law will establish the areas of agricultural land that will be reconstituted. " ... 3 bis. After Article 9, Article 9 ^ 1 is inserted, with the following contents: "" Art. 9 9 ^ 1. -(1) Individuals and legal persons who have been reconstituted or have been constituted the ownership of agricultural land, according to this law, as well as legal persons who have in their patrimony or in administration land agricultural or land in any way such land has the obligation to give the secretary of the local council a statement in which they will mention the area of agricultural land assigned or, respectively, actually owned, in one or more localities, and for individuals, and from several authors. (2) Individuals shall make the declaration on their own responsibility, and legal persons, through their representatives. " ... 4. Paragraph 1 of Article 10 shall read as follows: "" Art. 10. -(1) The area brought into the cooperative is the one resulting from: the acts of property, the land register, the cadastre, the applications for registration in the cooperative, the agricultural register from the date of entry into the cooperative, the records of the cooperative or, in the absence thereof, of any other evidence, including statements of witnesses. " 5. Paragraph 5 of Article 10 shall be repealed. 6 paragraphs 4 to 10 of Article 11 shall be repealed. 7. Paragraph 3 of Article 14 shall read as follows: " (3) The provisions of par. (2) also benefit the persons holding the Knight titles of the Order "Mihai Viteazul", "Mihai Viteazul cu Spada" and their heirs, who have opted and who have been assigned, at the time of impropriety, arable land, except those who have estranged. " 8. Paragraph 3 of Article 17 shall read as follows: " (3) Unassigned land, left at the disposal of the commission, passes into the private domain of the commune, city or municipality, to be made available to those who wish to establish or develop agricultural holdings, by lease, concession or sale, under the law. " 9 paragraphs 4, 5 and 6 of Article 17 shall be repealed. 10. After paragraph 3 of Article 18, a new paragraph shall be inserted, which shall become paragraph 4, with the following contents: " (4) The assignment in use cannot be made in cases where the discounts provided in art. 13 13 para. ((3). ' 11. in Article 21, paragraphs 3, 4, 5 and 6 shall be inserted as follows: " (3) The representative bodies of the cult units, recognized by law, from rural areas, may request the reconstitution of the property right and for the area of agricultural land that represents the difference between the area of 5 ha, in the case of parishes, and the area they had in the property but not more than 10 ha, and for the area that represents the difference between the area of 10 ha, in the case of monasteries and skiers, and the area they had in the property, but not more than 50 ha. (4) Provisions art. 9 9 remain applicable. ... (5) For parishes, sketches and monasteries in urban areas, the councils and their representative bodies may request the reconstitution of the property right under the conditions of par. ((3) and (4). ... (6) I can ask for the reconstitution of the ownership of agricultural land that belonged to them in the property, within the limits of the areas they had, and the representative bodies of other cult units, as follows: ... a) patriarchal center, up to 200 ha; ... b) diocesan centers, up to 100 ha; ... c) protoeries, up to 50 ha; ... d) urban parishes, up to 10 ha; ... e) branches in rural and urban areas, up to 10 ha. " ... 12. After paragraph 1 of Article 22, two new paragraphs shall be inserted, which shall become paragraphs 2 and 3, with the following contents: " (2) The land areas related to the dwelling house and the household annexes, as well as the courtyard and garden surrounding them are those highlighted as such in the property documents, in the land register, in the agricultural register or in other documents land, on the date of entry into the agricultural cooperative of production. (3) For the area of agricultural land assigned by the cooperative as a batch of use, according to the provisions art. 4 of Decree-Law no. 42/1990 , does not reconstitute or constitute the ownership of the person to whom he was assigned, whether this land is in continuation of the garden in the intravilan or in another place, in extravilan, except for the displaced, for the realization of investments of local interest or public utility. " ... 13. Article 23 shall read as follows: "" Art. 23. -(1) The lands located in the intravilan of the localities, which were assigned by the cooperatives, according to the law, to the cooperators or other persons entitled for the construction of housing and household annexes, which they have built, remain and are enroll in the ownership of the current holders, even if the assignment was made from the lands taken in any way from the former owners. (2) Fosts owners will be compensated with an area of land equivalent in intravilan or, in absentia, with land located in extravilan, in the immediate vicinity. " ... 14. Paragraph 1 of Article 24 shall read as follows: "" Art. 24. -(1) If the agricultural cooperative of production has assigned lots into the use of cooperators, in the intravilan gardens of the former owners, such land shall return, of right, to the property of the original holders or to the heirs 15. After paragraph 2 of Article 24, paragraph 3 is inserted, with the following contents: " (3) By investments, in the sense of par. ((2), the works intended for agricultural land use shall be understood. " 16. Paragraph 1 of Article 26 shall read as follows: "" Art. 26. -(1) The possession and release of property titles to those entitled may not take place until only after the delimitations necessary for the measurements have been made in the field, the establishment of the neighbourhoods on the basis of the sketch, the established site and preparation of prior finding documents. " 17. After paragraph 1 of Article 26, four paragraphs shall be inserted, which shall become paragraphs 2, 3, 4 and 5, with the following contents: " (2) In all cases where the reconstitution of the ownership is done on the old sites, on the occasion of the measurements the commission takes note of the mutual recognition of the limits of the property by the neighbors and records them in the documents Findings. ((3) For land in the operation of private-type agricultural companies established under Law no. 36/1991 on agricultural companies and other forms of association in agriculture, local and county commissions, within 12 months, will carry out all the operations provided in par. ((1) and (2) and will release the property titles. ... (4) The members and management of these agricultural companies are required to immediately request the local commissions to carry out the operations provided for in the previous paragraph, and the county commissions, to request the issuance of title deeds. ... ((5) The infringement of the provisions of the preceding paragraphs shall entail the abolition of the agricultural companies concerned. " ... 18. Paragraph 5 of Article 29 shall be repealed. 19. Paragraph 2 of Article 30 shall read as follows: "(2) Unassigned land, left at the disposal of the commission, shall pass into the private domain of the commune, city or municipality." 20. Paragraph 1 of Article 33 shall be repealed. 21. Paragraph 2 of Article 34 shall read as follows: " (2) State-owned land, administered by scientific, agricultural and forestry research institutes and resorts, intended for the research and production of seeds and propagating material of superior biological categories and to breed animals, as well as from the administration of the Institute for Testing and Registration of Culture Plants and its territorial centers, belong to the public domain and remain in their administration. Within 90 days of the entry into force of this law, the Government, at the proposal of the Ministry of Agriculture and Food, will delimit the areas of land strictly necessary for the research and production of seeds and propagating material in categories higher biological and breed animals and those intended for production, from the administration of agricultural research and production institutes and resorts. " 22. Paragraph 5 of Article 35 shall read as follows: " (5) Land without construction, not affected by investment works approved according to the law, from the intravilan of localities, under the administration of local councils, considered state property by applying the provisions Decree no. 712/1966 and other special normative acts, shall be returned to the former owners or their heirs, as the case may be, upon request. " 23. After Article 36, Articles 36 ^ 1, 36 ^ 2 and 36 ^ 3 are inserted, with the following contents: "" Art. 36 36 ^ 1. -(1) Individuals who have been established as a shareholder pursuant to art. 36 of the law, people who have been established rights at agricultural research institutes and resorts and autonomous regions with agricultural profile, according to Law no. 46/1992 on the establishment of rights in favour of individuals holding shares under art. 36 36 of Law no. 18/1991 , as well as people who are the locators, according to art. 25 25 of the Ardenation Law no. 16/1994 , may require reconstitution of the property right and for the difference of over 10 ha of family, up to the limit of the area provided for art. 3 lit. h) of Law no. 187/1945 , regardless of whether the reconstitution is to be made in several localities or from different authors, within the period, with the procedure and under the conditions provided in art. 9 9 of this law. (2) Persons referred to in par. (1), to which the right to shares has been established, within the area of up to 10 ha in arable equivalent, may apply, if by application of the coefficient of equivalence, provided for in the regulation approved by the Government Decision no. 131/1991 , the land area could exceed, as equivalent, 10 ha arable land, within the term, with the procedure and under the conditions provided in art. 9 9 para. ((3)-(9) of this Law. ... Art. 36 ^ 2. -Individuals whose agricultural land was passed into state property by effect Decree no. 83/1949 , as well as any other normative acts of expropriation, or their heirs may request the reconstitution of the property right for the area of land passed into state property, up to the limit of the area provided for art. 3 lit. h) of Law no. 187/1945 , family, regardless of whether the reconstruction is to be done in several localities or from different authors, within the term, with the procedure and under the conditions provided in art. 9 9 of this law. Art. 36 ^ 3. -(1) After the expiry of the 90-day period, in the cases provided in art. 36 ^ 1 and 36 ^ 2, the mayor will draw up the situation regarding the agricultural land requested by the categories of persons provided and the balance of the land fund on the locality and on each commercial company and institute or resort of research and production agricultural or autonomous directing with agricultural profile, from the territorial area of the locality. (2) Provisions art. 9 9 para. ((9) remain applicable. " ... 24. Paragraph 2 of Article 39 shall read as follows: " (2) The land referred to in the preceding paragraph shall be awarded from the private domain of the commune, city or municipality, as the case may 25. Paragraph 1 of Article 40 shall read as follows: "" Art. 40. -(1) The land from the former communal springs, transmitted to the state units, and which are currently used as pastures, meadows and arable, will be returned to the property of the communes, towns and municipalities, as the case may be, and in the administration mayoralties, to be used as communal pastures and for the production of feed or fodder crop seeds. Exceptions are the areas occupied with vineyards, trees, feed semincers, helestei, lakes or those intended for the production of vegetables, fruit or other raw material for canning factories, rice and experimental fields, intended for agricultural research, which will be compensated in the area equal to land of the same quality by the companies on shares, within 6 months from the date of entry into force of this Law. " 26. After paragraph 1 of Article 40, paragraph 2 is inserted, which shall read as follows: " (2) Failure to comply with the provisions of the preceding paragraph leads to the passage of right into the property of the communes, towns or municipalities, as the case may be, of 27. Paragraph 1 of Article 41 shall read as follows: "" Art. 41. -(1) Individuals or, as the case may be, their heirs, whose land with forest vegetation, forests, zavoaie, tufarises, pastures and wooded meadows have passed into state property by the effect of special normative acts, may require reconstitution of ownership and for the difference of over 1 ha, but not more than 30 ha, of family. " 28. Paragraph 2 of Article 41 shall read as follows: " (2) If on the areas of land to be assigned under the conditions of the previous paragraph there are constructions or forest facilities, or are in progress or in the design phase, or the lands are cleared, other areas of land, in compliance with the same conditions, in close proximity. " 29. Paragraph 3 of Article 41 shall read as follows: " (3) Persons referred to in par. (1) shall make the applications within the time limit, with the procedure and under the conditions provided in 9 9 para. ((3). ' 30. Paragraph 4 of Article 41 shall read as follows: " (4) The lands provided in par. (1), as well as in art. 41 ^ 1 and 41 ^ 2 will be managed and exploited in forestry, according to the law. The forestry regime for privately owned forests will be developed and approved within 3 months from the entry into force of this law, through the care of the Ministry of Water, Forestry and Environmental Protection. The possession of forests, zavours, scrubs, pastures and wooded fanets will be made only after the establishment of their forestry regime. " 31. After Article 41, Articles 41 ^ 1 and 41 ^ 2 are inserted, with the following contents: "" Art. 41 41 ^ 1. -(1) The former composers or, as the case may be, their heirs may request the reconstitution of the right of private ownership of the land provided in art. 41, on the basis of the documents attesting to them this quality and within the limits of the surfaces provided in (2) Provisions of para. ((1) shall also apply to land exploited in devaluation by former mosneni or razesi, within the undivided obes. ... ((3) Provisions of para. ((2) of art. 41 41 remain applicable. ... (4) In cases where the lands belonging to the composesorates and obstas are located within the territorial area of several localities, the application is made to each of them, for the area located within their radius. ... (5) Persons referred to in par. (1) shall make the applications within the time limit, with the procedure and under the conditions provided in 9 9 para. ((3)-(9). ... Art. 41 ^ 2. -(1) Parish councils or representative bodies of skiers and monasteries, as well as of educational institutions, may ask for land restitution with forest vegetation, forests, zavoaie, tufarises, meadows and wooded pastures, which they belonged to them in the property, within the limits of the areas they had in the property, but not more than 30 ha, regardless of whether they are located within several localities. (2) Applications together with the proof of ownership shall be made within the period, with the procedure and under the conditions provided in art. 9 9 para. ((3)-(9). ... (3) The local councils of the communes, towns and municipalities may request the private land restitution of land with forest vegetation, forests, zavoaie, bushes, meadows and wooded pastures, based on the acts certifying this quality, with the procedure and under the conditions laid down in 9 9 para. ((3)-(9). ... (4) Provisions art. 41 41 para. ((2) remain applicable. " ... 32. Article 42 shall read as follows: "" Art. 42. -Romanian citizens residing abroad, as well as former Romanian citizens who have regained their Romanian citizenship, whether or not they have established their domicile in the country, can apply for reconstitution of the property right for areas of agricultural land or land with forest destination, provided for in art. 41, which belonged to them in the property, but only up to the limit provided to art. 3 lit. h) of Law no. 187/1945 , family, for agricultural land, and not more than 30 ha of family, for land with forest destination, within the term, with the procedure and under the conditions provided in art. 9 9 para. ((3)-(9). ' 33. Paragraph 3 of Article 43 shall read as follows: " (3) The body empowered to find the situations provided in par. (2) is the prefect, who, by order, attests the loss of the right of property and its passage, as the case may be, into the private property of the commune, the city or the municipality in whose territorial area the land is located. " 34. After Chapter III, Chapter III ^ 1 is inserted, which shall read as follows: "" CHAPTER III ^ 1 Procedural provisions Art. 44 ^ 1. -The county commission is competent to settle appeals and validate or invalidate the measures set by the local committees. Article 44 ^ 2. -(1) For the purposes of this law, the local commission is public authority with administrative activity, and the county commission is public authority with administrative-jurisdictional authority. (2) The county and local commission have, within the limits of their competence and by way of derogation from the provisions of the Code of Civil Procedure, passive procedural quality and, when appropriate, active, being legally represented by prefect, respectively mayor or, on the basis of a conventional mandate, by one of the members, not being mandatory by lawyer. ... Art. 44 ^ 3. -(1) The decisions of the county commission on appeals of persons who asked for the reconstruction or constitution of private ownership of the land, according to the provisions contained in the head. II of the law, and those on the measures established by the local commissions are communicated to those interested by registered letter with acknowledgement of receipt. (2) Against the decision of the county commission can be made a complaint to the court in whose constituency the land is located, within 30 days of communication. ... Art. 44 ^ 4. -(1) Provisions art. 44 ^ 3 para. ((1) shall also apply if the complaint is directed against the order of the prefect or any administrative act of an administrative organ which refused to award the land or the proposals for the award of the land, under the conditions laid down in the head III of this law. (2) Provisions of para. ((2) of art. 44 ^ 3 remain applicable. ... Art. 44 ^ 5. -(1) It may be subject to the complaint of the Commission to amend or cancel its own judgment (2) Provisions of para. (1) shall also apply if the county commission has issued, after the completion of the procedure for the completion of its activity, administrative acts contrary to its own decision, the provisions of par. ((2) of art. 44 ^ 3 remaining applicable. ... Art. 44 ^ 6. -The complaint provided for in art. 44 ^ 3 may also be directed against the measures to implement art. 36 of this law, regarding the establishment of the right to receive shares in state agricultural units, reorganized into commercial companies according to Law no. 15/1990 , the provisions of paragraph ((2) of art. 44 ^ 3 remaining applicable. Art. 44 ^ 7. -The complaint made according to art. 44 ^ 3-44 ^ 6 suspends execution. Art. 44 ^ 8. -The court settles the case according to the rules provided for in the Code of Civil Procedure and the Law for the Based on the final court ruling, the county commission, which issued the title, will amend it, replace it or abolish it. Art. 44 ^ 9. -Civil sentence handed down by the court referred to in art. 44 ^ 8 is subject to the remedies provided in the Code of Civil Procedure, in compliance with the legal provisions in the matter. Art. 44 ^ 10. -Third parties who were injured in their rights by the decision of the county commission or by order of the prefect or otherwise, by administrative acts prior to the order, as is the case with the mayor's proposals, and who had no interest in addressing these bodies, already having a private title on the land, or having been recognized such a right, according to the law, can only use the path of common law actions, the suitors or, as the case may be, the owners, in particular the claim, and not the procedure provided for in this Chapter Art. 44 ^ 11. --Provisions art. 44 ^ 10 shall also apply to the violation of the public or private property right of the state or, as the case may be, of administrative-territorial units. Article 44 ^ 12. -Persons referred to in art. 44 44 ^ 10 and art. 44 ^ 11 are not opposable to the decisions given by the county commissions. Art. 44 ^ 13. -In all cases where the law provides for the nullity of some operations or legal acts, the dispute is judged according to the common law and not according to the special procedure provided for in Art. 44 ^ 14. -(1) If the local commission refuses to hand out the title of property issued by the county commission or the actual possession in possession, the dissatisfied person may complain to the court in the constituency to which the land is located. (2) If the court accepts the complaint, the mayor will be obliged to execute immediately the delivery of the title of property or, as the case may be, the actual possession, under penalty of conviction to the damages of the cominators for each day of delay, namely established the court. ... ((3) Provisions of para. ((2) of art. 44 44 ^ 3 shall apply accordingly. ... Art. 44 ^ 15. -The pending litigation will continue to be adjudicated by the courts seised, regardless of the procedural phase in which it is located, according to the procedural rules applicable on the date of referral, but taking into account, where appropriate, the provisions of this laws. " 35. Paragraph 2 of Article 54 shall read as follows: " (2) Persons who do not comply with the summons and do not execute the obligations within the deadline set by the mayor, for reasons attributable to them, will be sanctioned, annually, with the payment of an amount from 50,000 lei to 100,000 lei/ha, in relation to the category of use of land. " 36. Paragraph 2 of Article 55 shall read as follows: "" (2) Those who do not follow the injunction lose the right of use on the land at the end of the current year. " 37. After paragraph 1 of Article 57, a new paragraph shall be inserted, which shall become paragraph 2, with the following contents: " (2) Individuals who have changed the category of use of agricultural land they own in the property are obliged to communicate, within 30 days from the date on which this operation took place, the modification of the intervention office agricultural cadastre and organization of the agricultural territory, county or of the city of Bucharest, which has the obligation to register them. " 38. Paragraph 2 of Article 57, which becomes paragraph 3, shall read as follows: "(3) The change of the category of forestry use-forests, wicker, shrub crops, owned by legal entities-is approved by the Ministry of Water, Forestry and Environmental Protection." 39. Paragraph 2 of Article 61 shall read as follows: " (2) The land groups entering the breeding perimeters shall be established by the Ministry of Agriculture and Food and the Ministry of Water, Forestry and Environmental Protection, on the proposals based on the situations submitted by the communes, cities and Municipalities. ' 40. Paragraph 3 of Article 61 shall read as follows: "(3) The elimination of the breeding perimeters shall be made by a commission of specialists, whose organization and functioning regulation is approved by the Ministry of Agriculture and Food and the Ministry of Water, Forestry and Environmental Protection." 41. Paragraph 2 of Article 62 shall read as follows: " (2) The inclusion by the city hall of a certain land in the category mentioned in par. (1) can be done with the owner's consent. If the owner does not agree, the town hall makes proposals motivated by the prefecture, which will decide. " 42. After paragraph 2 of Article 62, paragraphs 3 and 4 are inserted, with the following contents: " (3) If the prefect decides to include the land provided in par. ((2) in the area of improvement, the local council shall be obliged to assign to the holder of the land concerned an area of appropriate land for the duration of the improvement works. (4) If the state does not have in that locality another land similar to the resolution of the situation referred to in par. (1), and the owner does not agree to receive another land at greater distance, the expropriation procedure for the cause of public utility, provided by Law no. 33/1994 .. " ... 43. Paragraph 1 of Article 67 shall read as follows: "" Art. 67. -(1) The funds necessary for the research, design and execution of works provided for in the projects for the development, improvement and enhancement of degraded and polluted land, contained within the perimeter, shall be ensured, depending on the specificity works, by the Ministry of Agriculture and Food together with the Ministry of Water, Forestry and Environmental Protection and other interested ministries, from the Land Fund Improvement Fund and by budget allocations. " 44. Paragraph 3 of Article 67 shall read as follows: "" (3) If certain areas are found to have been removed from agricultural or forestry production by degradation or pollution of the soil, due to the culpable deed of natural or legal persons, owners, town hall or agricultural body or Forestry may require that the costs of recovery and soil relief be borne by the guilty party. " 45. Article 68 shall read as follows: "" Art. 68. -The Ministry of Agriculture and Food, the Ministry of Water, Forestry and Environmental Protection, together with the Academy of Agricultural and Forestry Sciences, will take measures to develop the national surveillance, evaluation, forecast and warning system on the state of the quality of agricultural and forestry soils, based on an information system, with the provision of data banks, at the level of the country and the county, and will propose the necessary measures for the protection and improvement of land, in order maintaining and increasing production capacity. " 46. Article 69 shall read as follows: "" Art. 69. -The temporary or definitive use of agricultural and forestry land for purposes other than agricultural and forestry production shall be made only under the conditions provided for by this Law. " 47. Paragraph 2 of Article 70 shall read as follows: " (2) By exception, some constructions, which, by their nature, can generate polluting effects to environmental factors, can be located in extravilan. In this case, the sites will be established on the basis of ecological impact studies, prior, endorsed by the specialized bodies, on the protection of the environment. " 48. After paragraph 2 of Article 71, a new paragraph shall be inserted, which shall become paragraph 3, with the following contents: " (3) Final removal from the agricultural circuit of agricultural land from extravilan, class I and II of quality, of those arranged with works of land improvements, as well as those planted with vineyards and orchards, through the extension of the intravilan localities, is made on the proposal of local councils, by Government decision and with the opinion of the Ministry of Agriculture and Food. " 49. Paragraph 3 of Article 71, which becomes paragraph 4, shall read as follows: " (4) The final removal from the agricultural and forestry circuit of the land located in the extravilan of the localities shall be made with payment, by the applicant natural or legal persons, of the taxes provided in Annexes no. 1 1 and 2 to the present law. From these taxes, the Land Fund Improvement Fund is established, at the disposal of the Ministry of Agriculture and Food and the Ministry of Water, Forestry and Environmental Protection. " 50. After paragraph 4 of Article 71, a new paragraph is inserted, which shall become paragraph 5, with the following contents: "" (5) Provisions of para. (4) shall also apply to agricultural land that has been passed, according to the law, to the intravilan of the locality, in order to carry out constructions of any kind. " 51. After paragraph 5 of Article 71, which becomes paragraph 6, paragraph 7 shall be inserted, with the following contents: " (7) It is also exempted from the payment of the taxes provided in par. (3) agricultural perimeters in the villages or hamlets demolished, under reconstruction. " 52. Paragraph 1 of Article 72 shall read as follows: "" Art. 72. -(1) For the temporary removal of land from agricultural and forestry production, the holder of the approval is obliged to deposit a guarantee in money equal to the fee provided for the final removal of land from the agricultural or forestry circuit, in a Special account of the Land Fund Improvement Fund. ' 53. After paragraph 1 of Article 72, a new paragraph shall be inserted, which shall become paragraph 2, with the following contents: " (2) For the fee provided for in art. 71 71 para. ((4) and for the guarantee provided in par. ((1), submitted to the Land Fund Improvement Fund, an interest rate applied by the bank for the deposit period shall be received by the holder. " 54. Paragraph 2 of Article 72, which becomes paragraph 3, shall read as follows: " (3) After fulfilling the obligations provided with regard to the rendering of the land, to the confirmation of the county agricultural or forestry bodies and the owner of the land, the holder will receive the deposit guarantee and the bank 55. After paragraph 1 of Article 75, paragraph 2 is inserted, with the following contents: " (2) Unjustified refusal of the holder of the land to give his consent provided in par. (1) may be settled by the court, its decision replacing the consent of the one concerned. " 56. Paragraph 1 of Article 80 shall read as follows: "" Art. 80. -(1) Titulation of investment or production works, which hold land that they no longer use in the production process, such as those left behind the excavation of raw materials-coal, kaolin, clay, gravel-from the abandoned wells and the like, are obliged to take the necessary measures of arrangement and levelling, giving them an agricultural use, and if this is not possible, a fish or forestry use, within 2 years after the end of the production process. " 57. Paragraph 3 of Article 80 shall read as follows: "(3) The execution of these works is done by specialized units of the Ministry of Agriculture and Food and the Ministry of Water, Forestry and Environmental Protection, from the funds provided by the beneficiaries, under the law." 58. Paragraph 2 of Article 81 shall read as follows: "" (2) The approval of the land occupation in such cases shall be given by the agricultural cadastre office and the organization of the agricultural territory, county or Bucharest municipality, as the case may be, regardless of the size of the necessary area, based on the agreement the holders and the payment of the agreed compensation. ' 59. Article 87 shall read as follows: "" Art. 87. -(1) Occupation in whole or in part of land of any kind, establishment or relocation of boundary signs and marking marks, without approval received under the law, or refusal to release the land thus occupied without right constitutes offence and is punishable by imprisonment from 1 to 5 years. (2) If the act provided in par. (1) is committed through violence, threats or two or more people together, the punishment is imprisonment from 2 to 7 years. " ... 60. Articles 87 ^ 1 and 87 ^ 2 are inserted after Article 87, with the following contents: "" Art. 87 87 ^ 1. -The deed of the individual, who is a member of the local or county commission for the application of this law, to prevent in any way the reconstitution of the property right or the release of the title to the entitled persons constitutes abuse of office and is punishable by imprisonment from 1 to 5 years. Art. 87 ^ 2. -Violation of art. 9 9 para. ((5) lit. c) and art. 9 ^ 1, by declaring a land area smaller than the areas they own, or not declaring a land area, actually owned, constitutes a crime of false statements and is punishable according to the provisions of art. 292 292 of the Criminal Code *). " ----------- *) The criminal code was republished in the Official Gazette of Romania, Part I, no. 65 65 of 16 April 1997. 61. Article 89 shall read as follows: "" Art. 89. -The contraventions provided in art. 88 88 shall be sanctioned as follows: a) those of lit. a)-c), with a fine of 500,000 lei to 1,000,000 lei; ... b) those of lit. d)-h), with a fine of 1,000,000 lei to 2,000,000 lei. " ... 62. Article 90 shall read as follows: "" Art. 90. -Penalties may also apply to legal persons as follows: a) those of art. 88 lit. a)-c), with a fine of 5,000,000 lei to 10,000,000 lei; ... b) those of lit. d)-h), with a fine from 10,000,000 lei to 20,000,000 lei. " ... 63. Article 91 shall read as follows: "" Art. 91. -(1) The finding of contraventions and the application of sanctions shall be made by the specialists empowered for this purpose by the Ministry of Agriculture and Food and, as the case may be, by the Ministry of Water, Forestry and Environmental Protection, by the the prefect and specialists empowered by the Director General of the Directorate-General for Agriculture and Food or, as the case may be, the Chief Inspector of the County Forest Inspectorate, as well as by the Mayor. (2) The act of finding shall be ordered to bear the damage by the guilty and, as the case may be, to restore the previous situation. " ... 64 paragraphs 1 and 2 of Article 93 shall read as follows: "" Art. 93. -(1) The communal, city and municipal commissions, constituted according to the provisions of art. 11, will carry out the works and operations established by the law, from their competence, regardless of whether the right of property is reconstituted or constituted or land is returned by order of the prefect, submitting these works, as the case may be, to the commissions county or prefect in order to issue the property titles, respectively to issue the prefect's order. (2) The commissions referred to in par. (1) will carry out the operations of possession, drawing up for this purpose the minutes, which they will submit to the county commissions. " ... 65. Article 97 (1) and (2), Article 98 and Article 99 shall be repealed. + Article II The amending or supplementing or repealing provisions of this Law shall in no way prejudice the securities and other acts of property issued, in compliance with the provisions of Law of Land Fund no. 18/1991 ,, on the date of their preparation. + Article III (1) They are hit by absolute nullity, according to the provisions of the civil legislation, applicable at the time of the conclusion of the legal act, Law of Land Fund no. 18/1991 ... , Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions and of this Law: -------------- The introductory part of para. ((1) of art. III has been amended by section 1 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. a) acts of reconstitution or incorporation of the right of property, in favour of persons who were not entitled, according to the law, to such reconstructions or constitutions, such as: ... (i) the acts of reconstitution in favour of persons who have never had land in the property surrendered to the agricultural cooperative of production or to the State or who have not inherited such land; (ii) the acts of reconstitution and constitution in favour of other persons on the old sites of the former owners, requested by them, within the legal period, free at the time of the request, on the basis of Law no. 18/1991 for intravilane land, Law no. 1/2000 and the present law, as well as the acts of constitution on land taken out of the public domain for this purpose; (iii) acts of reconstitution and incorporation of the right of property in favour of other persons on the land of the owners who were not enrolled in the agricultural cooperative of production, did not surrender the land to the state or they were not taken over by the state through translative acts of ownership; (iv) acts of reconstitution or incorporation of the right of property issued after the release of title of property to the former owner on the old site, transcribed in the registers of transcripts and inscriptions or, as the case may be, intabulat in the book land, as well as the acts of alienation carried out on their basis; (v) acts of reconstitution and incorporation of the right of property to the extent that they have exceeded the area limits laid down by art. 24 24 para. ((1) of the Land Fund Law no. 18/1991 ; (vi) the acts of reconstitution of the ownership of forest land for persons who have not previously owned such land. -------------- Letter a) a par. ((1) of art. III has been amended by section 1 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. b) acts establishing the right of property on agricultural land located in the public or private domain of the state, or in the public domain of communes, cities or municipalities; ... c) acts of reconstitution or establishment of the right of property in the intravilan of the localities, on the land claimed by the former owners, except those awarded according to art. 23 of the law; ... d) acts establishing the right of property on agricultural land constituted as communal izlaz; ... e) the acts of establishment of the right of property, under the conditions of art. 20, in the localities where the reduction quota provided by law was applied; ... f) the acts of establishment of the right of property, under the conditions of art. 20 and where the right of property of persons entitled by law was not constituted in that locality; ... g) transfers of land from one locality to another, carried out in violation of the conditions provided by law, for the illicit purpose of increasing by this value the land received as a result of the transfer; ... h) sale-purchase documents on constructions affected by a social or cultural use-dwelling houses, cress, kindergartens, canteens, cultural dormitories, premises and the like-which belonged to agricultural production cooperatives, with violation of the mandatory provisions provided for in the last paragraph of 28 28 of the law. ... (1 ^ 1) The administrative acts which have been passed in the public or private domain of the State or of the localities for which applications for reconstitution of private property have been lodged shall suspend their effects with regard to these land until the settlement of the application by the land fund committee, with the exception of land already entered in the civil circuit. After validation of the reconstitution application, the land passes to the land fund committee for possession. -------------- Alin. ((1 ^ 1) of art. III was introduced by section III. 2 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) Nulity may be invoked by the mayor, prefect, the National Authority for the Restitution of Properties and other persons who justify a legitimate interest, and the settlement of applications is within the jurisdiction of the courts of common law. ... -------------- Alin. ((2) of art. III has been amended by section 3 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 1) The absolute nulity, for the purposes of this law, will also be invoked in the pending litigation. -------------- Alin. (2 ^ 1) of art. III was introduced by section III. 4 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 2) Absolute nulity does not operate on the securities obtained by former owners on other sites if at the entry into force of this law they found their old sites of which they were dispossessed legally assigned to other persons according to Law no. 18/1991 . -------------- Alin. (2 ^ 2) of art. III was introduced by section III. 4 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 3) Fosts owners can return to the old site and when the persons placed in possession on these lands give up in their favor to the already released property titles. -------------- Alin. ((2 ^ 3) of art. III was introduced by section III. 4 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 4) In the case of successive estrangements of the land, the one who sold the land on the basis of the title found null is obliged to remit the updated price to the former owner -------------- Alin. ((2 ^ 4) of art. III was introduced by section III. 4 of the single article, Title V of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (3) If, on the lands that have been the subject of legal acts, found null according to par. (1), constructions of any kind have been built, the provisions of art. 494 of the Civil Code. ... + Article IV ((1) Persons who have not applied within the period provided for by Law of Land Fund no. 18/1991 , for the reconstitution of the property right, or these requests have been lost or about which they have not received any response, may address with a new request to the communal, city or municipal commissions, within 90 days of the date the entry into force of this Law. ... (2) Provisions of para. ((1) are not applicable to persons who, according to Law of Land Fund no. 18/1991 , had no vocation to request and, respectively, to be reconstituted their ownership. ... + Article V By special law, after the preparation of the land fund balance will be regulated the assignment in use or, as the case may be, in the property of agricultural land in the private domain of the state, young families, rural specialists, veterans war that have been awarded land according to Law no. 44/1994 , as well as teaching staff, as Law no. 128/1997 on the Staff Regulations. + Article VI Annex no. 1 1 to Law of Land Fund no. 18/1991 is amended and replaced by the Annex to this Law. + Article VII Law of Land Fund no. 18/1991 , with subsequent amendments and those brought by this law, will be republished in the Official Gazette of Romania, giving the texts a new numbering This law was adopted by the Chamber of Deputies at the meeting of June 30, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of September 16, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN + Annex PERCENTAGE CHARGE due for the final removal from the agricultural circuit of the extravilan land ------------------------------------------------------------------------------- Agricultural land class --------------------------------------- 1 1 2 3 4 5 ------------------------------------------------------------------------------- Percentage fee applicable to 400 350 300 250 200 at the sales price ------------------------------------------------------------------------------- NOTE: The percentage applies to the value of the land, declared as price by the parties in the alienation contract If the land has not been the subject of the sale-purchase and it is the property of the investor or comes from concession, donation, association, the fee is calculated at the traffic value of the land in that area. ----------------------
