Law No. 169 Of 27 October 1997 Amending And Completing Law No. Land Fund 18/1991

Original Language Title:  LEGE nr. 169 din 27 octombrie 1997 pentru modificarea şi completarea Legii fondului funciar nr. 18/1991

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Law No. 169 of 27 October 1997 (* updated *) for amending and completing Law No. Land Fund 18/1991 (updated until July 25, 2005)-PARLIAMENT ISSUING — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 299 of 4 November 1997. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamţ until July 25, 2005, with amendments and additions to law No. 247 of 19 July 2005.
Romanian Parliament adopts this law.


Article I Land Fund Law nr. 18/1991), published in the Official Gazette of Romania, part I, no. 37 of 20 February 1991, as amended, modified and completed as follows: — — — — — — — — — — — *) Land Fund Law nr. 18/1991 was 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.
Law No. 18/1991 republished in Official Gazette No. 1 of 5 January 1998, has been amended by EMERGENCY ORDINANCE nr. 1 of 23 January 1998; Law No. 54 of 2 March 1998; ORDINANCE No. 90 of 26 august 1998; Law No. 209 of 13 November 1998; Law No. 218 of 25 November 1998; EMERGENCY ORDINANCE No. 168 of 1 November 1999; ORDINANCE No. 69 of 24 august 2000; Law No. 215 of 23 April 2001; EMERGENCY ORDINANCE No. 102 of 27 June 2001; Law No. 545 from October 17, 2001; JUDGMENT No. 1,172 of 21 November 2001; Law No. 389 of 13 June 2002; Law No. 400 June 17, 2002.
1. Paragraph 2 of article 5 shall read as follows: "(2) Lands 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 disused public domain. "
2. Article 6 shall read as follows: Art. 6-private area of the State and 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. "
3. Article 9 shall read as follows: Art. 9-(1) the 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 to the share reduction under art. 13(2). (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 within the localities of which stood for to be retracing the ownership, personally or by mail, with acknowledgement of receipt within a period of 90 days from the date of entry into force of the present law, under penalty of revocation.
  

(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 were pieced or follow to reconstruct this right, according to this law;
  

c) surface of land which were reconstituted and the difference that you require.
  

(5) upon request will annex: a) copy of the title of ownership which has been issued or, where appropriate, from the minutes of the time sheet entry into 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 they were made 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 so 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 the application and it's a record, whether or not it will 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 obliged to notify the applicant that, in term of 90 days to submit all documents listed in paragraph 2. (5) under penalty of revocation term.
  

(9) failure to comply with the obligations laid down in paragraph 1. (6) by the mayor or Secretary shall entail the liability of both administrative and disciplinary action, according to their law, and periodic payment or, where appropriate, and damages.
  

(10) after the expiry of 90 days referred to in paragraph 1. (3) the mayor shall be obliged, within 30 days, to draw up the situation regarding classes of persons, lands required and the balance of Land Fund on village, town, commune and municipality-with a view to the recovery of the property right law. Within this term, the Mayor will convey the prefect, under signature.
  

(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 County, it will pass, in the same period, the Department for local public administration.
  

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

3 bis. Insert after article 9 Article 9 ^ 1 with the following content: "Art. 9 ^ 1. (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 deţinuta, 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. "
  

4. Paragraph 1 of article 10 shall read as follows: Art. 10. — (1) the area brought in the cooperative is the one resulting from the acts of: property, land registry, cadastre, applications for entry in the register of agricultural cooperative enters into a cooperative, the cooperative's records or, failing that, any other evidence, including statements from witnesses. "
5. Paragraph 5 of article 10 shall be repealed.
6. paragraphs (4) to (10) article 11 shall be repealed.
7. Paragraph 3 of article 14 shall read as follows: "(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, with the exception of those who have it disposed of."
8. In paragraph 3 of article 17 shall read as follows: "(3) the land attributed to the remaining available to the Commission, in the private sector of the commune, town or municipality, to be made available to those who wish to base or develop agricultural businesses, hire, lease or sale, according to the law."
9. paragraphs (4), (5) and (6) of article 17 is repealed.
10. According to paragraph 3 of article 18 and insert a new paragraph which shall become paragraph 4 with the following: "(4) the use of Assignment cannot be made where in that reductions were made. 13(2). (3)."
11. Article 21 shall be included in paragraphs (3), (4), (5) and (6) with the following content: "(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 what is the difference between surface area of 10 hectares, 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 in the 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) protoeriile, up to 50 hectares;
  

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

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

12. According to paragraph 1 of article 22 shall introduce two new paragraphs, which become paragraphs (2) and (3) with the following content: "(2) the areas of land inhabited house and related annexes, as well as household and garden courtyard areas around them are those highlighted in the documents of ownership in the land register, the register of agricultural land or in other documents, the entry in the agricultural production cooperative.

(3) for the area of farmland allocated by the cooperative as batch use, under the provisions of art. 4 of Decree-Law No. 42/1990, do 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, with the exception of those displaced, for investments of local interest or the public interest. "
  

13. Article 23 shall read as follows: Art. 23. (1) Lands situated in the settlements, which were attributed to the 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.

(2) previous owners will be compensated with an equivalent area of land within the city limits or failing, with land located in the area, in the immediate vicinity. "
  

14. Paragraph 1 of article 24 shall read as follows: Art. 24. — (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. "
15. According to paragraph 2 of article 24 shall be inserted in paragraph 3, with the following contents: "(3) by investing, under paragraph 6. (2) means the work intended for agricultural exploitation of the land. "
16. Paragraph 1 of article 26 shall read as follows: Art. 26. — (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 neighbour on the basis of this draft, and the site provides all documents established. "
17. According to paragraph 1 of article 26 shall introduce four paragraphs, which become paragraphs (2), (3), (4) and (5), with the following contents: "(2) in all cases in which restoring the right of ownership shall be made on the old premises, on the occasion of the measurements shall take note of the mutual recognition of the limits of the property next door and they entered in documents of certification.

(3) for the land operated by private firms, agricultural type formed in accordance with the law. 36/1991 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.
  

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

18. Paragraph 5 of article 29 shall be repealed.
19. Paragraph 2 of article 30 shall read as follows: "(2) the land attributed to the remaining available to the Commission, will go into the private realm of the village, town or city."
20. Paragraph 1 of article 33 shall be repealed.
21. In paragraph 2 of article 34 shall read as follows: "(2) the State-owned Land, managed by the institutes and the resorts of scientific research, agriculture and forestry, intended for research and production of seeds and seedlings from superior and animal biological categories of race, 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, upon the proposal of the Ministry of agriculture and food, 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. "
22. Paragraph 5 of article 35 shall read as follows: "(5) the land without buildings, unaffected by the works of the law, approved investment from localities in the residence area of the administration of the local councils, which are 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. "
23. After article 36 shall be inserted in articles 36, 36 ^ 1 ^ 2 ^ 3 and 36, with the following content: "Art. 36 ^ 1. -(1) the persons to whom it is an established quality shareholder pursuant to art. 36 of the Act, 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 laying down rights in favour of natural persons who own shares pursuant to art. 36 of the law nr. 18/1991, 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. 131/1991, 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) of this Act.
  

Art. 36 ^ 2. -Individuals whose farm land were owned by the State through the Decree nr. 83/1949, as well as of all other normative acts of expropriation, or their heirs may require restoring property rights for land surface in State ownership, up to the limit of the surface. 3 (a). h) of law No. 187/1945, family, 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 of this law.
Art. 36 ^ 3. -(1) after the expiry of 90 days, in the cases referred to in article 1. 36 ^ 1 ^ 2 and 36, will 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) continue to apply. "
  

24. Paragraph 2 of article 39 shall read as follows: "(2) the Grounds referred to in the preceding paragraph are assigned from the private sector of the commune, town or municipality, if necessary."
25. Paragraph 1 of article 40 shall read as follows: Art. 40. — (1) the land derived from the former communal izlazuri, submitted by State units, and which are now used as pastures, hayfields and arable land, will be returned to the House of Commons, owned by 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. "
26. According to paragraph 1 of article 40 shall be inserted in paragraph (2) shall read as follows:

(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, to these lands. "
27. Paragraph 1 of article 41 shall read as follows: Art. 41. — (1) natural persons or, where appropriate, their heirs, whose lands covered with forest vegetation, forests, grassland, scrubland, Riverside coppice and the woodland meadows 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 of family. "
28. Paragraph 2 of article 41 shall read as follows: "(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 vicinity."
29. Paragraph 3 of article 41 shall read as follows: "(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)."
30. Paragraph 4 of article 41 shall read as follows: "(4) Land specified in paragraph 2. (1) and in article 8. 41 ^ 1 ^ 2 and 41 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 this law, by the Ministry of Waters, Forests and environmental protection. Putting in possession of forests, zavoaielor, tufarisurilor, pastures and woodland where training takes will only be made once the forest regime. "
31. After article 41 shall be inserted in articles 41 and 41 ^ 1 ^ 2, with the following content: "Art. 41 ^ 1. -(1) ex-composesori or, where applicable, their heirs may require restoring the right of private ownership of land. 41, 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 moşneni or freeholder within the framework of obstilor tracks.
  

(3) the provisions of paragraphs 1 and 2. (2) of article 3. 41 shall remain applicable.
  

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

Art. 41 ^ 2. -(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, grassland, scrubland, Riverside coppice and woodland pasture, they 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.

(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, grassland, scrubland, Riverside coppice and woodland pasture, 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).
  

(4) the provisions of article 4. 41 para. (2) continue to apply. "
  

32. Article 42 shall read as follows: Art. 42.-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. 41, which belonged to the property, but only up to the limit provided for in art. 3 (a). h) of law No. 187/1945, family, for agricultural 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). "
33. Paragraph 3 of article 43 shall read as follows: "(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 territory is situated the land. "
34. After Chapter III it introduces chapter III ^ 1, which shall read as follows: "1. the Provisions of CHAPTER III procedural ^ Art. 44 ^ 1. -The Commission's competence to solve judeţeana is complaints and to validate or invalidate the measures established by local committees.
Art. 44 ^ 2. -(1) for the purposes of this law, the local authority is a public Commission with administrative task, and the Commission is judeţeana public authority with administrative and jurisdictional authority.

(2) the Commission and the local judeţeana, within the limits of their competence and by way of derogation from the provisions of the code of civil procedure, trial 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.
  

Art. 44 ^ 3. (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) of the Act, 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 whose constituency is located, within 30 days of the communication.
  

Art. 44 ^ 4. -(1) the provisions of article 4. 44 ^ 3 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. Chapter III of this law.

(2) the provisions of paragraphs 1 and 2. (2) of article 9. 44 ^ 3 remain applicable.
  

Art. 44 ^ 5. -(1) Can be the subject of the complaint is changing or canceling its own ruling by the Commission.

(2) the provisions of paragraphs 1 and 2. (1) shall also apply where the Commission judeţeana issued, on completion of the procedure for the finalization of its activity, administrative decisions, contrary to its own paragraph. (2) of article 9. 44 ^ 3 remaining.
  

Art. 44 ^ 6. -The complaint referred to in art. 44 ^ 3 can be directed against measures implementing article 4. 36 of this law, 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, paragraph 2. (2) of article 9. 44 ^ 3 remaining.
Art. 44 ^ 7. -The complaint formulated under art. 44-46 ^ 3 ^ 6 suspend execution.
Art. 44 ^ 8. -The court resolves the cause according to the rules laid down in the code of civil procedure and the law on judicial organization. On the basis of a final judgement, the Commission judeţeana, which issued the title to the property, it will change, it will replace or eliminate him.
Art. 44 ^ 9. -The sentence pronounced by the civil court referred to in article 1. 44 ^ 8 is subject to the rights of appeal provided for in the code of civil procedure, in compliance with the legal provisions on the matter.
Art. 44 ^ 10. -Third parties which have been harmed in their rights by way of a County Commission or by order of the Commissioner or in other way, through administrative order prior, where the Mayor's proposals, and that they had no interest to address these organs, having already a private property of the land, or shall be recognized such a right, under the law, can not use path than common law actions petitorii, or, where appropriate, the owners, especially the claim, and not the procedure laid down in this chapter.
Art. 44 ^ 11. -Article 44 ^ 10 shall also apply in case of breach of the duty of public or private property of the State or, as the case may be, of the administrative-territorial units.
Art. 44 ^ 12. -The persons referred to in art. 44 ^ 10 and art. 44 ^ 11 are not relied on decisions given by the county committees.
Art. 44 ^ 13. -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.
Art. 44 ^ 14. -(1) where the Commission refuses the title handed to local ownership issued by the judeţeana or actual implementation in possession, the person making the complaint may, unhappy with the Court in which the district 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 condemnation to the periodic payments for each day of delay, determined by the Court.
  

(3) the provisions of paragraphs 1 and 2. (2) of article 9. 44 ^ 3 shall apply accordingly.
  


Art. 44 ^ 15. -Ongoing Disputes will continue to judge by the appellate courts, regardless of the phase of the trial, according to the procedural rules applicable at the time of referral, taking into account, where appropriate, and of the provisions of this law. "
35. Paragraph 2 of article 54 shall read as follows: "(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."
36. Paragraph 2 of article 55 shall read as follows: "(2) those who do not give formal notice of course lose the right to use the land at the end of the year."
37. According to paragraph 1 of article 57 shall be inserted a new paragraph which shall become paragraph 2, with the following contents: "(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 it took place, occurred modification operation Office of cadastre for agriculture and agriculture regional planning , the county or municipality of Bucharest, which is required to record it. "
38. In paragraph 2 of article 57, which becomes paragraph (3) shall read as follows: "(3) the change of the category of use of Forestry-Woodland, shrubs, crops osieries held by legal persons-is approved by the Ministry of waters, Forests and environmental protection."
39. Paragraph 2 of article 61 shall read as follows: "(2) groups of land falling within the perimeters of improvement shall be determined by the Ministry of agriculture and food and the Ministry of waters, Forests and environmental protection, the proposals are based on statements made by the communes, towns and municipalities."
40. Paragraph 3 of article 61 shall read as follows: "(3) 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 food and the Ministry of waters, Forests and environmental protection."
41. Paragraph 2 of article 62 shall read as follows: "(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. "
42. According to paragraph 2 of article 62 shall be included in paragraphs (3) and (4) with the following content: "(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 use of the land, the holder of the cause, a land surface 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. "
  

43. paragraph (1) of article 67 shall read as follows: Art. 67. — (1) the funds necessary 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 food together with the Ministry of waters, forests and environmental protection and with the other ministries concerned, the Fund for the improvement of land fund and through budget allocations. "
44. Paragraph 3 of article 67 shall read as follows: "(3) where it is found that certain 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."
45. Article 68 shall read as follows: Art. 68. the Ministry of agriculture and food, the Ministry of waters, Forests and environmental protection, together with the Academy of agricultural and forestry Sciences, 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, at the level of the country and of the County, and will propose the necessary measures for the protection and improvement of the land in order to maintain and increase production capacity. "
46. Article 69 shall read as follows: Art. 69.-temporary or definitive Use of agricultural and forestry land for purposes other than agricultural and forestry production is done only under the conditions laid down in this law. "
47. In paragraph 2 of article 70 shall read as follows: "(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. "
48. According to paragraph 2 of article 71 shall be inserted a new paragraph which shall become paragraph 3, with the following contents: "(3) the definitive removal of the set-aside of agricultural land from outside town, class I and 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 the Government's 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) 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 food and the Ministry of Waters, Forests and environmental protection. "
50. According to paragraph 4 of article 71 shall be inserted a new paragraph which shall become paragraph 5 with the following: "(5) the provisions of paragraphs 1 and 2. (4) shall also apply in the case of agricultural land were passed under the law in the locality, in order to achieve the construction of any kind. "
51. After paragraph 5 of article 71, which becomes paragraph 6, insert (7) with the following content: "(7) are also exempt from the payment of the fees referred to in paragraph 1. (3) designate the farm villages or hamlets removed, pending 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, 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 land fund. "
53. According to paragraph 1 of article 72 shall be inserted a new paragraph which shall become paragraph 2, with the following contents: "(2) the fee provided for in article 10. 71 para. (4) and for the security referred to in paragraph 1. (1) submitted to the Fund for the improvement of the Land Fund, it receives the holder an interest rate applied by the Bank for the deposit. "
54. Paragraph 2 of article 72, which becomes paragraph (3) shall read as follows: "(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 banking."
55. According to paragraph (1) of article 75 shall be inserted in paragraph (2) with the following content: "(2) undue Refusal of the holder of the land to give the consent referred to in paragraph 1. (1) will be settled by the Court, the court substituting the consent of the person concerned. "
56. Paragraph 1 of article 80 shall read as follows: Art. 80. — (1) the holders of the work or production, owning the land that you no longer use in the manufacturing process, such as those left by 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. "
57. Paragraph 3 of article 80 shall read as follows: "(3) the execution of such works shall be carried out by specialised units of the Ministry of agriculture and food and the Ministry of Waters, Forests and environmental protection, the beneficiaries of the funds provided for by the law."
58. Paragraph 2 of article 81 shall read as follows: "(2) the 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 compensation as agreed."

59. Article 87 shall read as follows: Art. 87. (1) the occupation of all or part of the lands of any kind, or moving signs milestone and parts marking, without the approval of the law, or the refusal to issue the land thus occupied without constitutes infringement and is punishable with imprisonment from 1 to 5 years.

(2) If the Act referred to in paragraph 1. (1) it performs through violence, threats or times of two or more persons jointly, the punishment is imprisonment from 2 to 7 years. "
  

60. are inserted after article 87 87 87 ^ 1 and ^ 2, with the following content: "Art. 87 ^ 1. -Deed of the individual, which has membership in the local or County Commission for the application of this law to hinder in any way the reconstitution of ownership or title to property by the person entitled shall constitute misuse and is punishable with imprisonment from 1 to 5 years.
Art. 87 ^ 2. -Violation of art. 9 para. (5) (a). c) and of article 23. 9 ^ 1 by declaring an area of land smaller than the areas they hold, or non-Declaration of a surface of the ground, actually owned, constitute infringement of false statements and punishable according to the provisions of art. 292 of the penal code). ' — — — — — — — — — — — *) the penal code was republished in the Official Gazette of Romania, part I, no. 65 of 16 April 1997.
61. Article 89 shall read as follows: Art. 89.-Offences under article 4. 88 shall be imposed as follows: a) the white and rosé wines. the-c)), with fine of 500,000 to 1.000.000 lei lei;
  

b) the white and rosé wines. d)-h) with fine from 1.000.000 to 2 million lei lei. "
  

62. Article 90 shall read as follows: Art. 90.-penalties may apply and juridical persons, as follows: a) those of art. 88 lit. the-c)), with fine of 5 million to 10 million lei lei;
  

b) the white and rosé wines. d)-h) with fine 10 million 20 million Lions Lions. "
  

63. Article 91 shall read as follows: Art. 91. — (1) the finding of violations and sanctions are carried out by specialists of empowered for this purpose by the Ministry of agriculture and food and, where appropriate, by the Ministry of waters, Forests and environmental protection, representatives of the prefect and empowered the Director general of the Directorate-General for agriculture and food, or, where appropriate, by the Chief Inspector of the State Forestry Administration, 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. "
  

64. paragraphs (1) and (2) of article 93 shall read as follows: Art. 93. (1) the municipal Committees, city and municipal, constituted under the provisions of art. 11, will perform the work and the operations stipulated by the law, from their jurisdiction, 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 will submit to the district commissions. "
  

65. Article 97 (1) and (2) article 98 article 99 shall be repealed.


Article II Provisions modifying or supplementing the repealing 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, to date them.


Article 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, law No. 1/2000 for restoring ownership of agricultural land and forestry, required under the law of the Land Fund No. 18/1991 and law No. 169/1997, with subsequent amendments and additions and of this law: — — — — — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. III has been amended by section 1 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

the reconstitution or acts) establishing ownership in favor of people who were not entitled under the law to such reenactments or establishes such as: (i) acts of reconstitution in favor of people who have never had ownership of the land handed over to the agricultural production cooperative or State or that do not have inherited such land;
() acts of reconstructing and Constitution in favor of other people on the old premises of the former owners, requested by them, within the legal, free from the date of application, on the basis of law No. 18/1991 for land inside the city, the law No. 1/2000 and of the present law, as well as the instruments setting up on land removed from the public domain;
(iii) acts of reconstructing and establishing property rights in favor of other people over land owners who were not enrolled in the agricultural production cooperative, State courts have not surrendered or they weren't taken by a. acts;
(iv) acts of reconstructing or establishing property rights issued after the release of the former property owner on the old site, transcribed in the registers of transcripţiuni and inscriptiuni, or, where necessary, tabulated in the land, as well as acts of disposal under them;
(v) acts of reconstructing and establishing the right of property to the extent that they exceeded the limits of the area laid down in article. 24 para. (1) Land Fund Act No. 18/1991;
(vi) acts of reconstructing the property rights over forest land to people who have not previously held ownership of such land.
— — — — — — — — — — — — — — the letter a) to paragraph 1. (1) of article 1. III has been amended by section 1 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

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, other than those attributed to pursuant to article 5. 23 of the Act;
  

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

e) acts establishing the property right, pursuant to article. 20, in localities where it was applied a quota reduction provided for by law;
  

f) documents establishing the property right, pursuant to article. 20 and where in that there was the right of property 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, creşs, 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.
  

(1 ^ 1) Administrative acts by which were put in the public domain or private or State lands for settlements that have filed claims for reconstitution of their private property rights to suspend the effects on these lands until the resolution of the application by the Commission of the Land Fund, with the exception of land entered into civil circuit already. After the validation of the application of reconstructing, moving into the reserve fund to the Commission for the purposes of land ownership.
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Alin. (1 ^ 1), art. III was introduced by section 2 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(2) the nullity may be invoked by the Mayor, the prefect, the National Authority for Property Restitution and other people who justify a legitimate interest, and the settlement is within the competence of the courts of common law.
  

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Alin. (2) of article 9. III has been modified by point 3 of article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 1) Absolute nullity within the meaning of this law will be invoked and the ongoing disputes.
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Alin. (2 ^ 1), art. III was introduced by section 4 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 2) Absolute nullity does not operate upon the securities obtained by previous owners on other sites if the entry into force of the present law have found their old locations that were stripped of other persons lawfully assigned in accordance with the law. 18/1991.
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Paragraphs 1 and 2. (2 ^ 2) of art. III was introduced by section 4 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 3) The previous owners can return to the old location and when persons placed in possession of these lands give up in their favor to property titles already released.
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Alin. (2 ^ 3) of art. III was introduced by section 4 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.
(2 ^ 4) In the event of transfer of land, the one who sold the land based on the title found null is required to remit the price updated the former owner left without land.
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Alin. (2 ^ 4) art. III was introduced by section 4 of the article only, title V of law No. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.

(3) where, on land which had been the subject of legal acts which are void pursuant to paragraph 1. (1) have any building erected, shall apply the provisions of articles. 494 of the civil code.
  


Article IV (1) people who have not requested within the period prescribed by the law of the Land Fund No. 18/1991, for restoring property rights, or those applications were lost or who have not received any answer, 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, did not have a vocation to ask and to reconstruct the ownership.
  


Article V By special law, after compiling the balance of land fund will regulate attribution in use or, where applicable, in agricultural land ownership from the private sector of the State, families hold, specialists in rural areas, for whom the war veterans were awarded land according to law No. 44/1994, as well as teaching staff, in accordance with the law No. 128/1997 on the status of teachers.


Article VI of the annex. 1 the Land Fund Law nr. 18/1991 change and is replaced by the annex to this law.


Article VII Land Fund Law nr. 18/1991, with its subsequent amendments and those made by this Bill, will the Republic Official Gazette of Romania, giving it a new numbering texts this law was adopted by the Chamber of deputies at its meeting on 30 June 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting on 16 September 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN PERCENTAGE FEE due for notes on removing the final aside of land area — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-Grade agricultural land — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 2 3 4 5 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-percentage Charge applicable to 400 350 300 250 200 sale price — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Note: the percentage applies to the value of the land, declared that the price of the parts of the contract of sale.
In the event that the land was not subject to sale-purchase and it is owned by the investor or comes from concession, donation, Association, it shall be calculated on the value of land in the area.
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