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Law No. 18 Of 18 January 1991 (Republished) Land Fund

Original Language Title: LEGE nr. 18 din 18 ianuarie 1991 (*republicată*) fondului funciar

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LEGE no. 18 18 of 19 February 1991 (** republished) (* updated *) land fund ((updated until 1 February 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to 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 and which are reproduced in the note from the pag. 16. Law no. 18 18 of 19 February 1991 was published in the Official Gazette of Romania, Part I, no. 37 37 of 20 February 1991 and has been amended by Law no. 29 29 of 21 March 1991 , published in the Official Gazette of Romania, Part I, no. 59 59 of 22 March 1991, by Government Ordinance no. 23 23 of 21 August 1992 , published in the Official Gazette of Romania, Part I, no. 213 213 of 28 August 1992 (approved by Law no. 114 114 of 18 November 1992 , published in the Official Gazette of Romania, Part I, no. 311 311 of 30 November 1992), by Government Ordinance no. 46 46 of 12 August 1994 , published in the Official Gazette of Romania, Part I, no. 241 241 of 29 August 1994 (approved by Law no. 132 132 of 22 December 1994 , published in the Official Gazette of Romania, Part I, no. 359 359 of 23 December 1994), by Government Ordinance no. 20 20 of 4 August 1995 , published in the Official Gazette of Romania, Part I, no. 184 184 of 15 August 1995 (approved by Law no. 104 104 of 16 November 1995 , published in the Official Gazette of Romania, Part I, no. 270 270 of 21 November 1995), by Government Emergency Ordinance no. 5 5 of 31 August 1996 , published in the Official Gazette of Romania, Part I, no. 207 207 of 2 September 1996 (approved by Law no. 47 47 of 4 April 1997 , published in the Official Gazette of Romania, Part I, no. 58 58 of 8 April 1997) and by Government Ordinance no. 57 57 of 28 August 1997 , published in the Official Gazette of Romania, Part I, no. 225 225 of 30 August 1997. + Chapter I General provisions + Article 1 Land of any kind, regardless of destination, of title on the basis of which they are held or by the public or private domain of which they belong, constitutes the land fund of Romania. + Article 2 Depending on the destination, the fields are: a) agricultural land, namely: productive agricultural land-arable, vineyards, orchards, vine nurseries, fruit trees, hop plantations and dudes, pastures, meadows, greenhouses, solariums, seedlings and the like-, those with forest vegetation, if they are not part of forest facilities, forested pastures, those occupied with construction and agrootechnical installations, fish facilities and land improvements, technological and agricultural exploitation roads, the platforms and storage facilities serving the needs of agricultural production and non-productive land which may be set up and used for agricultural production; b) land with forest destination, namely: forested land or those that serve the needs of culture, production or forestry administration, land for afforestation and non-productive land-cliffs, steaks, boulders, rape, ravines, torrents-, if contained in forest facilities; c) land permanently under the waters, namely: minor beds of watercourses, the words of lakes at the maximum levels of retention, the bottom of inland sea waters and territorial sea; d) land from intravilan, related to urban and rural localities, on which the constructions are located, other facilities of the localities, including agricultural and forestry land; e) land with special destinations, such as those used for road, rail, naval and air transport, with related constructions and installations, hydrotechnical, thermal, electricity transmission and hydrotechnical installations natural gas, telecommunications, mining and oil operations, quarries and hales of any kind, for defence needs, beaches, reserves, nature monuments, archeological and historical ensembles and sites and the like. + Article 3 For the purposes of this law, land holders are understood to hold property rights, other real rights on them or those who, according to the civil law, have the status of holders or holders. + Article 4 (1) Land may be subject to the right of private property or other real rights, having as holders natural or legal persons, or may belong to the public domain or to the private domain. (2) The public domain may be of national interest, in which case the property on it, under public law, belongs to the state, or of local interest, in which case the property, also under public law, belongs to the communes, the cities, Municipalities or counties. (3) The administration of the field of national public interest is made by the bodies provided by law, and the administration of the public domain of local interest is made by the mayors or, as the case may be, by the prefectures (4) Land in the public domain are those affected by a public unit. + Article 5 ((1) It belongs to the public domain the land on which constructions of public interest, markets, communications routes, street networks and public parks, ports and airports, forest land, river and river beds are located, the words of lakes of public interest, the bottom of inland sea waters and territorial sea, the shores of the Black Sea, including beaches, land for nature reserves and national parks, monuments, ensembles and archaeological sites and historical, nature monuments, land for the needs of defense or for other uses which, according to the law, are public domain or which, by their nature, are of public use or interest. (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. (3) The land on which street networks and public parks are located, the land for nature reserves and national parks, monuments, ensembles and archaeological and historical sites, the monuments of nature cannot be decommissioned from the field public except in exceptional cases for works of national interest. ---------- Alin. ((3) of art. 5 5 was introduced by art. unique from LAW no. 47 47 of 13 March 2007 , published in MONITORUL OFFICIAL no. 194 194 of 21 March 2007. + Article 6 The private domain of the state and, respectively, of communes, cities, municipalities and counties is made up of the lands acquired by them through the ways provided by law, as well as from the decommissioned land, according to the law, from the public domain. He is subject to the provisions of common law, unless otherwise provided by law. + Article 7 The land fund and, accordingly, the ownership and the other real rights must be recorded in the land records and real estate advertising documents provided by law. + Chapter II Establishment of private ownership of land + Article 8 (1) The establishment of private ownership of land found in the patrimony of agricultural cooperatives of production shall be made under the conditions of this law, by reconstitution of the right of property or constitution of this right. (2) The provisions of the law benefit the cooperative members who brought land into the agricultural cooperative of production or who were taken over in any field by it, as well as, under the terms of the civil law, their heirs, the members cooperators who have not brought land into the cooperative and other specific persons established. (3) The establishment of ownership shall be made, upon request, by the release of a title within the limit of a minimum area of 0,5 ha for each person entitled, according to this law, and not more than 10 ha of family, in equivalent arable. (4) The family means unmarried wives and children, if they manage with their parents. + Article 9 (1) Persons who have reconstituted their ownership within the land area of 10 ha of family, in arable equivalent, may request 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. 14 14 para. (3) of the law, may 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 mayoralties of the localities in whose territorial area the land for which the right of property, personnel or mail is to be reconstituted, with acknowledgement of receipt, until Date of 31 December 1998, under penalty of forfeiture of the term. ---------- Alin. ((3) of art. 9 9 has been amended by section 1 1 of art. unique from LAW no. 218 218 of 25 November 1998 , published in MONITORUL OFFICIAL no. 453 453 of 26 November 1998. (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 right of property for which he has been reconstituted or is 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 has been issued or, where applicable, of the minutes or of 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 it was done in several localities or from more authors. (6) The mayor will constitute 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 it includes or does not include 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 shall inform the applicant that, by 31 December 1998, he shall submit all the documents referred to in paragraph 1. (5), under penalty of its decline in the term. ---------- Alin. ((8) of art. 9 9 has been amended by section 2 2 of art. unique from LAW no. 218 218 of 25 November 1998 , published in MONITORUL OFFICIAL no. 453 453 of 26 November 1998. (9) Failure to comply with the obligations (6) by the mayor or secretary draws both his administrative and disciplinary responsibility, according to the law, as well as the payment of penalties under the conditions provided in art. 894 of the Code of Civil Procedure or, as the case may be, and damages according to the Civil Code. ---------- Alin. ((9) of art. 9 9 has been amended by section 1 1 of art. 19 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (10) After 31 December 1998, 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 or municipality-in order to reconstitute the right property, according to the law. Within this term the mayor will transmit them to the prefect, under signature. ---------- Alin. ((10) of art. 9 9 has been amended by section 3 3 of art. unique from LAW no. 218 218 of 25 November 1998 , published in MONITORUL OFFICIAL no. 453 453 of 26 November 1998. (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. Note
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* *) Law no. 169/1997 entered into force on 4 November 1997.
---------- + Article 10 (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 will make the declaration on their own responsibility, and legal entities, through their representatives. + Article 11 (1) The area brought into the agricultural cooperative of production 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 their absence, from any other evidence, including statements of witnesses. (2) Provisions of para. ((1) shall also apply in respect of areas taken over by agricultural production cooperatives under special laws or in any way from cooperative members. ---------- Alin. ((2) of art. 11 11 has been amended by section 1 1 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 1) Land improperly taken over by agricultural production cooperatives from natural persons, without registration in agricultural production cooperatives or by the state, without any title, shall be rightfully returned to the owners who requested the reconstitution ownership, on the old sites, if they were not legally assigned to other people. ---------- Alin. (2 ^ 1) of art. 11 11 has been introduced by section 2 2 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((3) The establishment of the right of ownership shall be made on request, on the basis of the situation of the land owned by the agricultural cooperative of production on 1 January 1990, registered in the system of record of the general land cadastre or of the agricultural register, corrected with the legal estrangements made by the cooperative until the date of entry into force of the law. (4) The application for the establishment of the right of property shall be submitted and registered at the town hall within 30 days from the date of entry into force of this Law. + Article 12 * ****) (1) For the purpose of establishing the right of property by reconstitution or constitution, the actual attribution of land to those entitled and the issuance of title deeds, in each commune, city or municipality, shall be constituted, by prefect's order *), a commission led by the mayor. (2) The communal, city or municipal commissions will operate under the guidance of a county commission, appointed by the prefect's order and led by it. (3) The procedure for the establishment and the functioning of the commissions, as well as the model and the way of awarding the new title deeds shall be determined by Government decision within 15 days from the date of publication of the present law. The commissions will include citizens appointed by the public from all entitled categories, specialists and civil servants, as well as the heads of the agricultural research and development units and institutions, as the case may be. In the communes made up of several villages, the citizens will be designated in proportion to the numerical weight of the inhabitants of each village. ---------- Alin. ((3) of art. 12 12 has been amended by art. I of LAW no. 71 71 of 16 April 2010 , published in MONITORUL OFFICIAL no. 258 258 of 21 April 2010. ((4) The acts which formed the basis for the establishment or reconstitution of the right to property represent information of public interest and are open to the free access of citizens. Ensuring access to this information of public interest is made under the conditions and according to the procedure provided by Law no. 544/2001 on free access to information of public interest. ---------- Alin. ((4) of art. 12 12 has been introduced by section 1 1 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. + Article 13 (1) The quality of the heir shall be determined on the basis of the certificate of heir or the final court decision or, in the absence thereof, by any evidence from which the acceptance of the inheritance (2) The heirs who cannot prove this quality, since the lands have not been found in the civil circuit, are counted back by law in the term of acceptance regarding the share due to them from the lands belonging to their author. They are considered to have accepted the legacy by the request they make to the commission. (3) The title of property shall be issued with respect to the land area determined in the name of all the heirs, and they shall proceed according to the common law. (. For each position in an annex, several property titles may be issued, provided that the areas listed in these securities do not exceed the total area validated in the Annex. ---------- Alin. ((4) of art. 13 13 has been introduced by section 2 2 of art. 9 ^ 2 of EMERGENCY ORDINANCE no. 81 81 of 28 September 2011 , published in MONITORUL OFFICIAL no. 704 of 5 October 2011, approved by LAW no. 219 219 of 19 November 2012 , published in MONITORUL OFFICIAL no. 789 789 of 23 November 2012. + Article 14 (1) The land of agricultural cooperatives of production located in the extravilan of the localities becomes the property of the cooperators or, as the case may be, of their heirs, corresponding to the areas brought or taken in any way in the patrimony (2) The actual allocation of land is made, in the colinary area, as a rule, on the old sites, and in the lowland areas, on the sole established by the commission and not necessarily on the old sites of the property, within the current perimeters of agricultural production cooperatives. (3) If between the land area of the agricultural production cooperative, resulting from the summation of land areas brought by the cooperators or taken over in any other cooperative mode, the current land area has also intervened both in terms of the total area and the categories of use, the establishment of the property of the cooperators or their heirs is made by reducing a proportional share resulting from the decrease of the legal areas used for other purposes of the total original area and proportional to the agricultural use categories existing. No surface holders who have properties of less than 1 ha will be affected. (4) The areas occupied by fruit plantations, vineyards, greenhouses, helestei, fish facilities, nurseries, administrative and agrootechnical constructions, as well as those necessary for the feed base related to the zootechnical production capacities existing in Agricultural production cooperatives may represent, on the basis of the option of the owners, the contribution to the establishment of forms of association of private type, with or without legal personality. + Article 15 (1) Cooperative members who, as the case may be, have left the agricultural cooperative of production, have not worked in the cooperative or do not live in that locality, as well as their heirs may receive the extravilan land brought or taken over in any The cooperative's heritage. (2) The provisions of the preceding paragraph also apply to persons whose land has passed, with or without title, to the patrimony of the agricultural production cooperative without having acquired the quality of cooperators, as well as, as the case may be, to the heirs to them. (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. (4) Provisions art. 14 14 para. ((2) and (3) shall apply accordingly. (5) Persons who have lost all or part of their ability to work and to the heirs of those who died-as a result of participating in the fight for the victory of the Revolution of December 1989-shall be assigned, upon request, land in area of 10,000 sqm in arable equivalent. For assigned land, these beneficiaries do not owe taxes or fees. + Article 16 (1) In cases where in the perimeter of some agricultural production cooperatives were merged and agricultural land of private owners, and they did not take over in compensation other land, at their request or of the heirs, they will be reinstated and will be restored to the areas in equivalent quota, within the framework of the sole established by the commission. (2) Provisions art. 14 14 para. ((2) and (3) shall apply accordingly. + Article 17 (1) In the localities with Romanian citizens, belonging to the German minority or in which persons who have been deported or displaced, dispossessed of land by normative acts intervened after 1944, will be assigned to the property, upon request, with priority to them or heirs, land areas in the reserve at the disposal of the commissions or will be carried out according to art. 37. (2) At the award, it will be considered the land area that they had in the property, without exceeding 10 ha of family, in arable equivalent. + Article 18 (1) The extravilan land brought or taken over in any other way in the patrimony of the agricultural production cooperative from the cooperators or other persons who have died and have no heirs, as well as the lands for which no applications have been made refund shall remain available to the Commission. (2) All the land of the agricultural cooperative of production not awarded according to art. 14-17, as well as the extravilane lands property of the state in use of the cooperative, also remain available to the commission, to be assigned to other entitled persons, according to the provisions of this law. ((3) Abrogat. ---------- Alin. ((3) of art. 18 18 has been repealed by art. 52, Cap. VI of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 19 (1) Active cooperative members who have not brought land into the agricultural cooperative of production or brought land less than 5,000 sqm, as well as those who, not having the quality of cooperators, have worked in any way, as employees in the last 3 years in cooperative or in cooperative associations, may be assigned in property lots of the land provided in art. 18, if they are established or are to be established in the locality and do not own land in the property in other localities. The area assigned to the property will be determined taking into account the land area, the number of applicants and the area attributed to those who brought land into the agricultural cooperative of production. (2) Provisions of para. (1) shall also apply to persons who have been deported and do not benefit from the provisions of art. 14-16. (3) You can assign, on request, in agricultural use, up to 5,000 sqm in arable equivalent, family, specialized personnel from communal public services, while working in the locality, if it has no land in this property. the locality, he or the family members of which he belongs. Ownership of these lands belongs to the commune, city or municipality, as the case may be. (4) The assignment in use cannot be made in cases where the discounts provided in art. 14 14 para. ((3). (5) Upon departure from the locality the persons mentioned in par. (3) are entitled to compensation for investments made, with the prior consent of the owner and if they are useful on the assigned area. + Article 20 If in some agricultural production cooperatives there is no land available to assign the minimum area provided for in art. 8, as well as for the persons provided in art. 17 and 19 para. ((1) and (2), the commission will decide to reduce in the proportional share of the area assigned to assign land to property and to these categories. + Article 21 (1) In localities with surplus of agricultural area, with labor shortage in agriculture, from the land provided in art. 18 can assign in land ownership up to 10 ha in arable equivalent to all families who request in writing and undertake to work this area. (2) Families without land or with land a little of other localities, who request in writing, may receive in property up to 10 ha land in arable equivalent, with the obligation to establish their domicile in the commune, city or municipality, as the case may be, and to cultivate the land received, giving up the property they had in their locality, from extravilan. + Article 22 (1) From agricultural land, commissions will assign in the property, at the request of parish commissions or other representative bodies of local communities of worship-from rural areas-, a land area of up to 5 ha in arable equivalent for each parish or hermitage, belonging to the cults recognized by the law, or up to 10 ha agricultural land in arable equivalent in the case of monasteries, to the extent that all these settlements have possessed in the past agricultural land taken over by the cooperatives agricultural production, and currently do not have such land or have restricted areas. In the non-cooperative areas, the reconstruction of the property right will be made from the land owned by the state and in the administration of the mayoralties, on their proposal, by order of the prefect. (2) Provisions art. 9 9 para. ((5) shall apply accordingly. (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) Deaneries, up to 50 ha; d) urban parishes, up to 10 ha; e) branches in rural and urban areas, up to 10 ha. + Article 23 (1) They are and remain in the private property of the cooperators or, as the case may be, their heirs, regardless of their occupation or domicile, the land related to the dwelling house and the household annexes, as well as the courtyard and garden around them, determined according to art. 8 of Decree-Law no. 42/1990 on some measures to stimulate peasants. (2) The land areas related to the dwelling house and to 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. ((2 ^ 1) In case of alienation of constructions, the related land areas provided in par. (2) are those agreed by the parties on the date of estrangement, proven by any means of proof. ---------- Alin. (2 ^ 1) of art. 23 23 has been introduced by section 4 4 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (3) For the area of agricultural land assigned by the agricultural cooperative of production 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. (4) Provisions of para. ((1) shall also apply to persons in the cooperative areas concerned, who have not had the status of cooperator. + Article 24 (1) The lands located in the localities, which were awarded by the agricultural production cooperatives, according to the law, cooperators or other entitled persons, for the construction of dwellings and household annexes, which they have edified, remain and register in the property of the current holders, even if the award was made from the lands taken in any way from the former owners. (1 ^ 1) Land area provided in par. (1), related to the dwelling house and household annexes, may not be higher than that provided for in the act of award coming from the production cooperative, the folk council or the town hall in that locality. ---------- Alin. ((1 ^ 1) of art. 24 24 has been introduced by section 5 5 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) Fosts owners will be compensated with an area of land equivalent in intravilan or, in absentia, in extravilan, accepted by them, and, if there is no more land, compensation will be awarded. ---------- Alin. ((2) of art. 24 24 has been amended by section 6 6 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 25 (1) If the agricultural production cooperative has awarded lots in use to cooperators, in the intravilan gardens of the former owners, such land shall return, rightfully, to the property of the original holders or to the heirs to them. (2) Persons who have received land under the conditions of par. ((1) and which they have made investments are entitled to compensation equal to their consideration, if they cannot be lifted. (3) By investments, in the sense of par. (2), the works intended for agricultural exploitation of the land are understood + Article 26 (1) The lands located in the localities, left at the disposal of the local public administration authorities, from the persons who died and/or do not have heirs, pass into the public property of the administrative-territorial units and in the management of the respective local councils, on the basis of the succession certificate issued by the notary. In this regard, the secretary of the administrative-territorial unit has the obligation that, within 30 days from the registration of each death of those persons, to communicate to the chamber of public notaries the data provided for in art. 68 of the Law on Public Notaries and Notary Activity no. 36/1995 , with subsequent amendments and completions, in order to debate the succession procedure. Failure by the secretary of the administrative-territorial unit of the obligation provided for in this paragraph shall be sanctioned administratively, according to the law (2) Change of the legal regime of land provided in par. (1), from the public property of the respective administrative-territorial units in their private property, is prohibited and is sanctioned with absolute nullity. ---------- Article 26 has been amended by art. unique from LAW no. 158 158 of 12 July 2010 , published in MONITORUL OFFICIAL no. 496 496 of 19 July 2010. + Article 27 (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. (2) In all cases where the reconstitution of the ownership is done on the old sites, on the occasion of the measurements the local commission takes note of the mutual recognition of the limits of the property by the neighbors, records them in the documents ascertaining, drawing up the plot plans and submitting the documentation to the county commission or prefect for validation and, respectively, the issuance of title deeds. ---------- Alin. ((2) of art. 27 27 has been amended by section 7 7 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 1) The owners or their heirs who did not join the agricultural production cooperative, did not surrender or were taken to the state land through translative deeds of property will be able to ask the prefect, through the land fund commissions, property titles under this law. These categories of owners and heirs are applicable only to the provisions of art. 64. ---------- Alin. (2 ^ 1) of art. 27 27 has been introduced by section 8 8 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 2) In cases where property securities were improperly issued to persons other than former owners and they held, at that time property certificates and had possession of the land, the land fund commissions would revoke the securities. issued in violation of the law, if they did not enter the civil circuit. If these property titles have entered the civil circuit by means of sale-purchase or otherwise, the former owner will address the judiciary for finding the absolute nullity of that title according to the provisions art. III of Law no. 169/1997 to amend and supplement Law of Land Fund no. 18/1991 . ---------- Alin. (2 ^ 2) of art. 27 27 has been introduced by section 8 8 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((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. (4 ^ 1) The mayor shall display on a monthly basis the area constituted or reconstituted, the names of the beneficiaries, the site, the plot plans, as well as the area remaining in the reserve of ---------- Alin. (4 ^ 1) of art. 27 27 has been introduced by section 9 9 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (5) The violation of the provisions of the preceding paragraphs entails the abolition of the agricultural companies in question. (6) Upon the abolition of the agricultural production cooperative, a liquidation commission constituted within 15 days from the date of entry into force of this law, by order of the prefect, at the proposal of the city hall, shall proceed within 9 months from the abolition of the cooperative, the realization of the asset and the payment of the liability, under the conditions provided by law. + Article 28 (1) The liquidation commissions provided by art. 27 have the obligation to ascertain and establish any acts of violation of the law, to take measures to recover the damage, according to the law, and to refer, if applicable, the prosecution bodies. (2) Amounts recovered under the conditions of par. (1) is actively liquidated and follows the destination of those provided in art. 27. (3) Upon expiry of the term provided in art. 27, the liquidation commissions will present the liquidation balance and the explanatory report to the specialized body of the prefecture or the Bucharest City Hall, invested with financial control powers, according to the law, for download. (4) The acts of finding debts to the state and to other legal entities, left after the end of the liquidation operations, prepared by the liquidation commission, will be approved and centralized by the Ministry of Public Finance *), after which the Government will present to Parliament, with proposals to resolve. + Article 29 (1) Construction of agrootechnics, small industry workshops, machinery, machinery and other such fixed assets, belonging to the disbanded agricultural production cooperative, as well as the land under them, as well as those necessary for their use normal, plantations of vineyards and trees and animals become the property of members of private-type associations, with legal personality, if they are established. (2) The rights of former cooperators on the goods referred to in (1) shall be established in the value quota, in proportion to the area of land brought or taken over in any way in the agricultural cooperative of production and with the volume of work performed. Associate members will constitute these rights as an in-kind contribution to the new association. (3) Cooperative fosters who do not become members of this association will be established debt entitlements in proportion to the value of the agricultural production cooperative, if they have not been covered in another way. The payment of claims will be made by the association, in kind or in money, according to the decision of the liquidation commission (4) If no such associations, the goods and animals referred to in par. (1) will be sold by public auction to natural or legal persons, following that from the price realized to pay the debts of any kind of the former agricultural production cooperative. Bovines and sheep are an exception, as well as vineyards and trees plantations, which will be attributed to former cooperators. (5) Within 9 months from the abolition of the agricultural production cooperative, the money rights of each former cooperative member by the liquidation commission constituted according to art. 27 27 para. ((6). (6) The former cooperative members will receive the appropriate share of the auction of the common goods, in proportion to the area of land brought into the agricultural cooperative of production, in arable equivalent, and the value of the work carried out. (7) The goods referred to in par. (1), which shall not be sold within one year from the date of the abolition of the agricultural production cooperative, pass into the private property of the communes, towns and municipalities where they are located, without any compensation, and in the administration of the mayoralties. (8) Demolation of agrootechnical constructions, maintenance workshops, installations and household and small industry annexes, which are subject to par. ((1), is prohibited. By exception, if they are degraded or for any other reason cannot be used, they can be abolished with the authorization of the prefecture, and the materials will be capitalized by the mayors, and the resulting amounts will enter the asset of the liquidation operations. ((9) Constructions affected by a social or cultural use pass without payment, under public law, in the property of communes, cities or municipalities and in the administration of municipalities. + Article 30 (1) Intercooperative or state and cooperative associations of any profile may be reorganized into commercial companies on shares, within 90 days from the publication of the law in the Official Gazette of Romania, Part I. (2) The land and other goods brought by the agricultural cooperative of production in the association, as well as the goods acquired by it become the property of the company, and the cooperators and other persons entitled to reconstitute their property on land belonging to the company, as well as its employees can become shareholders under the law. (3) If some cooperators or other persons entitled, provided in par. (2), will not opt to become shareholders of the company, will be assigned the right of ownership, according to the provisions of art. 14 and 15 of the present law, from the lands that were not brought by the agricultural cooperative of production in the association. (4) In the localities where these possibilities do not exist, some non-effective farms of the association will be able to be abolished. The decision in this regard shall be adopted by the county commission, on the proposal of the communal, city or municipal commissions, as the case may be. + Article 31 (1) The land owned by the state in the exploitation of agricultural production cooperatives is the provision of the commissions provided for in art. 12, in order to assign them to the property of those entitled, according to the law. (2) Unassigned land, left at the disposal of the commission, will pass into the private domain of the commune, city or municipality. + Article 32 Repealed. ---------- Article 32 was repealed by the letter. t) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 33 Land from the former communal springs-meadows and arable-that were in use of agricultural production cooperatives-pass into the private property of communes, cities or, as the case may be, of municipalities and in the administration of mayoralties, to be used as communal pastures and for the production of feed and fodder crops. + Article 34 The land improvement works that are on the received land, including the related protection areas, pass into the property of the specialized operating units of such works, under the law. + Chapter III Provisions on state property land and some special provisions + Article 35 (1) The land property of the State shall be those areas which are entered in the patrimony or in accordance with the existing legal provisions until 1 January 1990 and registered as such in the system of record of the general land cadastre and in Forestry facilities. (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 of 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 Rural Development *), will delimit the areas of land strictly necessary for the research and production of seeds and propagating material from higher biological categories and breed animals and those intended for production, from the administration of agricultural research and production institutes and resorts. ((3) Provisions of para. (2) shall also apply to the land owned by the state used, at the date of this law, by educational establishments with agricultural or forestry profile and which pass in their administration. Note
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By CONSTITUTIONAL COURT DECISION no. 748 748 of 4 November 2015 , published in MONITORUL OFFICIAL no. 71 of February 1, 2016, the exception of unconstitutionality of the provisions art. 35 35 para. ((1) of the Land Fund Law no. 18/1991 , finding that they are constitutional, in so far as they do not condition the acquisition of the right of public property by expropriation, of its registration in the land book.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
Therefore, as of 1 February 2016, the provisions art. 35 35 para. ((1) of the Land Fund Law no. 18/1991 , to the extent that it conditions the acquisition of the right of public property by expropriation, its registration in the land book, is suspended by law, and will cease its legal effects as of March 18, 2016, if the legislator does not intervene to amend the contested provisions.
---------- Note
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* *) Law no. 169/1997 entered into force on 4 November 1997.
---------- + Article 36 (1) The land owned by the state, located in the locality of the localities and which are in the administration of the town halls, at the date of this law, passes into the property of the communes, towns or municipalities, following the legal regime of the land provided in art. 26. (2) The land owned by the state, located in the localities, awarded, according to the law, in eternal use or in use during the existence of the construction, in order to build personal property or on the occasion the purchase from the state of such dwellings, pass, at the request of the current owners of the dwellings, in their property, in full or, as the case may be, in proportion to the share (3) Land assigned to use during the construction of their acquirer's construction, as an effect of the construction of land related to constructions, under the provisions art. 30 30 of Law no. 58/1974 *) regarding the systematization of urban and rural territory and localities, pass into the property of the current holders of the right of use of the land, owners of the homes. (4) Provisions art. 23 23 remain applicable. (5) Land without construction, not affected by approved investment works, 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, on request * *). (5 ^ 1) Requests for refund provided in par. (5), together with the copies of the property documents, shall be submitted to the town hall or, as the case may be, to the municipalities of the localities within which the land is located, personally or by post, with acknowledgement of receipt, until November 1, 2001, under penalty of forfeiture of the term. ---------- Alin. (5 ^ 1) of art. 36 36 was introduced by art. unique from LAW no. 545 545 of 17 October 2001 , published in MONITORUL OFFICIAL no. 659 659 of 19 October 2001. (6) Assignment in property of land provided by par. (2)-(5) will be made, by order of the prefect, at the proposal of the mayoralties, made on the basis of the verification of the legal Note
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* *) Law no. 58/1974 has been repealed by DECREE-law no. 1 1 of 26 December 1989 , published in MONITORUL OFFICIAL no. 4 4 of 27 December 1989.
---------- + Article 37 (1) Persons whose agricultural land was passed into state property, as an effect of special laws, other than those of expropriation, and which are in the administration of state agricultural units become, upon request, shareholders in the companies established, on the basis of Law no. 15/1990 , of the current state agricultural units. The same provisions also benefit the heirs of these persons. (2) The application shall be submitted, within 30 days from the entry into force of this law, to the town hall in whose territorial area the land is located. (3) The number of shares received will be proportional to the land area in arable equivalent, passed in the state patrimony, without being able to exceed the value of 10 ha family land, in arable equivalent. (4) Do not benefit from the provisions of this article persons whose land has been confiscated as an effect of criminal convictions, except for persons specified in Decree-Law no. 118 118 of 30 March 1990 * *) on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from March 6, 1945, as well as those deported abroad or constituted in prisoners, as amended. + Article 38 (1) Individuals who have been established as a shareholder pursuant to art. 37, people who have been established rights at agricultural research institutes and resorts and autonomous regions with agricultural profile, according to Law no. 46/1992 , 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). + Article 39 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. + Article 40 (1) After the expiry of the 90-day period, in the cases provided in art. 38 and 39, 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 agricultural research and production resort or autonomous directing with agricultural profile, from the territorial area of the locality. (2) Provisions art. 9 9 para. ((9) remain applicable. + Article 41 (1) The agricultural land without construction, installations, public interest facilities, owned by the state and under the administration of the mayoralties at the date of this law, shall be returned to the former owners or their heirs, without having could exceed the area of 10 ha of family, in arable equivalent. (2) The restoration of land shall be made, upon request, under the conditions of art. 11, by order of the prefect, at the proposal of the (3) The provisions of art. 37 37 para. ((4) shall apply accordingly. + Article 42 (1) In localities with land deficit, in which the land of former owners is owned by the state and they do not opt for actions under the conditions of art. 37 and cannot be assigned to them or the heirs the minimum area provided by this law, the county commissions will decide to assign an area of 5,000 square meters of family, in arable equivalent, on request, from the land property of the state. (2) For the difference of land until which the former owners or their heirs are entitled, according to this law, the provisions of art. 37. (3) The areas of land on which investments have been made, other than land improvements, cannot be attributed. ((4) The plantations of vineyards or trees may be affected in such cases only if there is no land in another category of use, in order to be assigned in the property. + Article 43 (1) In the mountain area-deprived of natural factors such as: climate, altitude, slope, isolation-can be attributed in property, on request, a land area of up to 10 ha in arable equivalent to young peasant families who come from Mountain agricultural environment, have the necessary skill and compel themselves in writing to create their households, to deal with animal husbandry and to rationally exploit the land for this purpose. (2) The land referred to in the previous paragraph shall be awarded from the private domain of the commune, city or municipality, as the case may (3) The assignment of land ownership is made by the prefect's order on the proposal of the mayoralties. + Article 44 (1) The land from the former communal springs, transmitted to the state units and which, at present, are used as pastures, meadows and arable, will be returned to the property of communes, cities 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 *). (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, Note
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* *) Law no. 169/1997 entered into force on 4 November 1997.
---------- + Article 45 (1) Individuals or, as the case may be, their heirs, whose land with forest vegetation, forests, zavoaie, tufarises, permanent forested 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, family. ---------- Alin. ((1) of art. 45 45 has been amended by section 21 21 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 4 4 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (2) If on the land areas to be awarded under the conditions of the previous paragraph there are constructions or forest facilities, or are in progress or in the design phase, or the land is cleared, other areas of land, in compliance with the same conditions, in close proximity. (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)-(9). (4) The land referred to in par. (1), as well as in art. 46 and 47 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 the Ministry of Environment and Climate Change. The possession of forests, seines, scrubs, permanent forested meadows will be made only after the establishment of their forestry regime. ---------- Alin. ((4) of art. 45 45 has been amended by section 21 21 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 4 4 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. Note
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* *) Law no. 169/1997 entered into force on 4 November 1997.
---------- + Article 46 (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. 45, 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 art. 45 45 para. ((2) remain applicable. (4) In cases where the land belonging to the composesorates and obes 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). + Article 47 (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, permanent forested meadows, 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. ---------- Alin. ((1) of art. 47 47 has been amended by section 21 21 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 4 4 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (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, floorboards, scrubs, permanent forested meadows, on the basis of the acts certifying this quality, with the procedure and under the conditions laid down in 9 9 para. ((3)-(9). ---------- Alin. ((3) of art. 47 47 has been amended by section 21 21 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 4 4 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (4) Provisions art. 45 45 para. ((2) remain applicable. + Article 48 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. 45, 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). + Article 49 (1) Persons who have been constituted property rights on agricultural land shall be obliged to comply with the conditions laid down in art. 19, 21 and 43, in connection with the establishment of domicile and the establishment of new households. (2) Failure to comply with these conditions entails the loss of ownership of land and constructions of any kind made on it. For the land no compensation will be awarded, and for construction, the owner will receive compensation equal to their real value. (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. + Article 50 The territorial delimitation of the new properties, resulting from the application of this law, starts from the current organization of the territory and is based on plot projects prepared by the specialized bodies. + Chapter IV Procedural provisions + Article 51 (1) The county commission is competent to settle appeals and validate or invalidate the measures established by the local commissions. (2) In the event of a total or partial overlap as a result of the issuance of two or more property titles on the same sites, the county commission is competent to order the total or partial cancellation of the securities issued later first title. ---------- Alin. ((2) of art. 51 51 was introduced by art. 47 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (3) The county commission will order the issuance of a new title instead of the annulled or, as the case may be, propose the granting of compensatory measures according to the law on measures to complete the restitution process, in kind or by equivalent, a buildings improperly taken over during the communist regime in Romania. ---------- Alin. ((3) of art. 51 51 was introduced by art. 47 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. (4) Provisions art. 53 53 para. ((2) remain applicable. ---------- Alin. ((4) of art. 51 51 was introduced by art. 47 of LAW no. 165 165 of 16 May 2013 , published in MONITORUL OFFICIAL no. 278 278 of 17 May 2013. + Article 52 (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. (3) The provisions of art. 274 of the Code of Civil Procedure are applicable. ---------- Alin. ((3) of art. 52 52 has been introduced by section 10 10 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 53 (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, 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 territorial area the land is located, within 30 days of communication. + Article 54 (1) Provisions art. 53 53 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. (2) Provisions art. 53 53 para. ((2) remain applicable. + Article 55 (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 art. 53 53 para. (2) remaining applicable. + Article 56 The complaint provided in art. 53 53 may also be directed against the measures to implement art. 37, regarding the establishment of the right to receive shares in state agricultural units, reorganized into commercial companies according to Law no. 15/1990 , provisions of art. 53 53 para. (2) remaining applicable. + Article 57 Complaint made according to art. 53-56 suspends execution. + Article 58 The court settles the case under the rules laid down in the Code of Civil Procedure Law no. 92/1992 * *) for the judicial organization. Based on the final court ruling, the county commission, which issued the title, will amend it, replace it or abolish it. Note
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* *) Law no. 92/1992 was republished in the Official Gazette of Romania, Part I, no. 259 259 of 30 September 1997.
---------- + Article 59 Civil sentence delivered by the court referred to in art. 58 is subject to the remedies provided in the Code of Civil Procedure, in compliance with the legal provisions in the matter. + Article 59 ^ 1 (1) The righting of the material errors entered in the title deeds which are produced due to the errors of writing shall be carried out by the office of cadastre and real estate advertising. (2) The rectification of title deeds may be made by the office of cadastre and real estate advertising, pursuant to the decision of the county commission. (3) The procedure for the correction of material errors and the rectification of title deeds will be approved by order of a normative nature of the Director General of the National Agency for Cadastre and Real Estate Advertising. ---------- Art. 59 ^ 1 was introduced by item 1 1 of art. 9 ^ 2 of EMERGENCY ORDINANCE no. 81 81 of 28 September 2011 , published in MONITORUL OFFICIAL no. 704 of 5 October 2011, approved by LAW no. 219 219 of 19 November 2012 , published in MONITORUL OFFICIAL no. 789 789 of 23 November 2012. + Article 60 Repealed. --------------- Article 60 has been repealed by point (a) 11 11 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 61 Art. 60 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 62 Persons referred to in art. 60 60 and art. 61 the decisions given by the county commissions are not opposable. + Article 63 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 + Article 64 (1) If the local commission refuses to hand over the title of property issued by the county commission or the actual implementation in possession, the dissatisfied person may complain to the court in whose territorial area the land is located. (2) If the court admits the complaint, the mayor will be obliged to execute immediately the delivery of the title of property or, as the case may be, the effective implementation, under penalty of payment of penalties under the conditions provided in art. 894 of the Code of Civil Procedure. ---------- Alin. ((2) of art. 64 64 has been amended by section 2 2 of art. 19 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (3) Provisions art. 53 53 para. ((2) shall apply accordingly. + Article 65 Pending litigation will continue to be adjudicated by the courts seized, 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, when applicable, the provisions of this law. + Chapter V Repealed. ---------- Head. V was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 66 Repealed. ---------- Article 66 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 67 Repealed. ---------- Article 67 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 68 Repealed. ---------- Art. 68 was repealed by para. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 69 Repealed. ---------- Article 69 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 70 Repealed. ---------- Article 70 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 71 Repealed. ---------- Article 71 was repealed by paragraph 1. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 72 Repealed. ---------- Article 72 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Article 73 Repealed. ---------- Article 73 was repealed by par. ((2) art. 19 of LAW no. 54 54 of 2 March 1998 , published in MONITORUL OFFICIAL no. 102 102 of 4 March 1998. + Chapter VI Land use for agricultural and forestry production + Article 74 All holders of agricultural land are obliged to ensure their cultivation and soil protection. + Article 75 (1) Land owners who do not meet their obligations provided in art. 74 will be ordered in writing by the communal, city or municipal municipalities, as the case may be, to execute these obligations. (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 the land. (3) The obligation to pay the amount is made available to the mayor and the amounts are made to the local budget. Note
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* *) art. 48 48 para. ((1) of Law no. 69/1991 , republished, the mayor issues provisions *).
---------- + Article 76 * *) (1) All land holders assigned to use under the conditions of this law, who do not meet their obligations provided in art. 74, will be ordered under the conditions of art. 75 75 para. ((1). (2) Those who do not follow the injunction lose the right to use the land at the end of the current year. Note
----------
**) Provisions of para. ((3) of art. 76 were implicitly repealed by the provisions of par. ((2) of the same article.
---------- + Article 77 The change of the category of use of arable land of legal entities, in other categories of agricultural use, can be done with the opinion of the county specialized agricultural bodies, only in the following cases: a) arable land located in the hill areas, which constitute enclaves from the living and orchard massifs, from the vineyards and established fruit basins, established by the specialized bodies of the Ministry of Agriculture and Rural Development *), can be transformed into vine and fruit plantations; b) arable land in lowland areas, necessary to complete the vine massifs intended for table grapes and raisins and fruit basins intended for the culture of peach and apricot, established by the specialized bodies of the Ministry Agriculture and Food, can be transformed into vine and fruit plantations; c) arable land with sandy soils can be arranged and transformed into vine and fruit plantations; d) land registered in arable, located in hill and mountain areas on non-equanisable slopes, affected by surface erosion and depth, by active or semi-stabilized slides, which can no longer be improved and maintained at this use, se can arrange and transform into permanent meadows; ---------- Lit. d) of art. 77 77 has been amended by section 4.2 21 21 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 4 4 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. e) arable land located in river beds and Danube, which cannot be used for other agricultural destinations, can be arranged in fish pools. + Article 78 (1) Change of the category of use of arable land, other than those provided in art. 77, live and orchards, owned by legal entities in which the state holds the majority of shares, will be approved by the Ministry of Agriculture and Rural Development. ---------- Alin. ((1) has been amended by section 1 1 1 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. ((1 ^ 1) The change of the category of use in other categories of use of the meadows, registered as such on January 1, 2007, as provided for in the first paragraph of par. ((2) of art. 6 6 of Commission Implementing Regulation (EU) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1.290/2005 , ((EC) No 247/2006 , ((EC) No 378/2007 and repealing the Regulation (EC) No 1.782/2003 , with subsequent amendments and completions, published in the Official Journal of the European Union, L series, no. 30 of 31 January 2009, in the Agricultural Register, is prohibited *). ---------- Alin. ((1 ^ 1) was introduced by section 1. 2 2 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (1 ^ 2) I am an exception to the provisions of para. (1 ^ 1) land occupied by meadows that, by degradation or pollution, have totally or partially lost their production capacity, land on which improvement and arrangement works will be carried out, according to the legal regulations in force, as well as land that is exempted or for which the provisions do not apply Government Emergency Ordinance no. 34/2013 on the organisation, administration and operation of permanent grassland and amending and supplementing Law of Land Fund no. 18/1991 . ---------- Alin. ((1 ^ 2) has been amended by section 4.2. 20 20 of art. I of LAW no. 86 86 of 27 June 2014 , published in MONITORUL OFFICIAL no. 491 491 of 2 July 2014, amending section 2 2 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (1 ^ 3) Administrative or legal acts issued or concluded with non-compliance with the provisions of para. ((1 ^ 1) are hit by absolute nullity *). ---------- Alin. ((1 ^ 3) was introduced by section 4.2. 2 2 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. (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 agricultural territory, county or Bucharest municipality, which has the obligation to register it. (3) Changing the category of forestry use-forests, wicker, shrub crops, owned by legal entities-is approved by the Ministry of Environment and Climate Change *). (4) The change of the use of agricultural land constituting areas of protection of monuments is done with the agreement of the National Commission of monuments, ensembles and historical sites. + Article 79 (1) The protection and improvement of the soil is carried out through works to prevent and combat the degradation and pollution of soil caused by natural phenomena or caused by economic and social activities. (2) The necessary works for the protection and improvement of soil shall be established on the basis of studies and projects, drawn up on request by the specialized research and design bodies, in correlation with those of landscaping and organization of the territory, and shall be execute by the owners of the land or through their care, by specialized units in the execution of such works. (3) The State supports the implementation of the soil protection and improvement works, partially or totally bearing the expenses within the approved budget allocation, based on the foundation notes developed by the research and design units, appropriated by county specialized agricultural bodies and approved by the Ministry of Agriculture and Rural Development *). + Article 80 For the coordinated realization of works of common interest, according to the needs of agriculture, forestry, water management, communication routes, human settlements or other economic and social objectives, technical and economic documentation and The ecological will be jointly developed by the stakeholders. The documentation will establish the contribution of the stakeholders and the order of execution of the works. + Article 81 Work on regularization of water drainage on slopes and correction of torrents, which serve to defend and preserve irrigation works, indiguirs, desecations, reservoirs or other hydrotechnical works, communication paths, economic and social objectives, will be executed concurrently with the basic works. + Article 82 (1) Land that by degradation and pollution has lost, in whole or in part, the production capacity for agricultural or forestry crops will be constituted in the areas of improvement. (2) The land groups entering the breeding perimeters shall be established by the Ministry of Agriculture and Rural Development *) and by the Ministry of Environment and Climate Change *), on the proposals based on the situations submitted by the communes, cities and Municipalities. ((3) The elimination of the breeding perimeters is made by a commission of specialists, whose organization and functioning regulation is approved by the Ministry of Agriculture and Rural Development *) and by the Ministry of Environment and Climate Change *). (4) The documents drawn up shall be endorsed by the county agricultural and forestry and environmental protection bodies and shall be submitted to the Ministry of Agriculture and Rural Development *) which, together with the ministries and departments concerned, shall establish design, financing and execution programmes. + Article 83 ((1) The holders shall be obliged to provide the land within the scope of improvement in order to apply the measures and works provided for in the breeding project, preserving the right of property. (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 reasoned proposals to the prefecture, which will decide. (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 . + Article 84 In the interest of the works to correct the torrents and the management of the waters, the state can make equivalent land exchanges with the owners of the perimeter, when on their land is to be carried out permanent arrangement works. The exchange is made only with the consent of the owners, by authentic act, registered in the land cadastre documents. + Article 85 The degraded and polluted land, included in the breeding perimeter, is exempt from taxes and fees to the state, county or commune, during the time their improvement lasts. + Article 86 (1) The execution in the field of works of arrangement and enhancement of degraded land from the breeding perimeters is done by specialized units, depending on the specifics of the works. ((2) The works that are carried out for the consolidation of the land, as: terrasari, modeling, leveling, fixing of soils, grins, afforestation, correction of torrents and fencing, roads, bridges, bridges, of permanent character, are carried out at the expense the state, according to the breeding project + Article 87 (1) Degraded land owners, even if they are not included in a breeding perimeter, which, individually or associates, want to make their own initiative initiatives, afforestation, correction of soil reaction or other works of land. improvement on their land, the state will provide them with free of charge the necessary material-seed of herbs, seedlings, amendments and technical assistance to the execution of works. ((2) The holders who have received materials for grassy, afforestation and furnishings and have not used them for the purpose for which they have asked them are obliged to pay their value. + Article 88 (1) The funds necessary for the research, design and execution of the 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 Rural Development *) together with the Ministry of Environment and Forestry *) and with other interested ministries, from the Land Fund Improvement Fund and through budget allocations. (2) The necessary funds can be increased by the participation of communes, cities, municipalities and counties, by contributing in the work or in money of all those interested in these works, the land holders, the inhabitants who draw direct benefits or indirect from these improvements and institutions, companies or autonomous regions whose works of art, roads, bridges, railways, constructions and the like benefit from the advantages of the works of arrangement and improvement of the land. ((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 improvement be borne by the guilty party. + Article 89 The Ministry of Agriculture and Rural Development *), the Ministry of Environment and Climate Change *) together with the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sinesti", will take measures to develop the national surveillance system, assessment, forecast and warning on the state of quality of agricultural and forestry soils, based on an information system, with the provision of data banks, at the level of the country and county, and will propose the necessary measures for protection and land improvement, in order to maintain and increase production capacity. + Chapter VII Temporary or definitive use of land for purposes other than agricultural and forestry production + Article 90 The temporary or definitive use of agricultural and forestry land for purposes other than agricultural and forestry production is made only under the conditions provided by this law. + Article 91 (1) The placement of new constructions of any kind is made in the intravilan of the localities. (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. (3) Also, the constructions which, by their nature, cannot be placed in the intravilan, as well as the animal shelters, are an exception. + Article 92 (1) The placement of constructions of any kind on agricultural land of first class extravilan and of quality II, those arranged with works of land improvements, as well as those planted with vineyards and orchards, national parks, reserves, monuments, Archaeological and historical ensembles is forbidden (2) It is exempted from the provisions of the previous paragraph the constructions that serve agricultural activities, with military destination, railways, roads of special importance, high voltage power lines, drilling and equipping of wells, works related to the exploitation of crude oil and gas, gas or oil pipeline pipelines, water management works and water sources. (3) Final removal from the agricultural circuit of agricultural land from extravilan, class I and class II of quality, of those arranged with works of land improvements, as well as those planted with vineyards and orchards, by extension the intravilan of the localities, is made on the proposal of the local councils, by order of the Director of the Agricultural and Rural Development Department, with the opinion of the Ministry of Agriculture and Rural Development *). ---------- Alin. ((3) of art. 92 92 has been amended by section 12 12 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (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 is the Land Fund Improvement Fund, available to the Ministry of Agriculture and Rural Development *) and the Ministry of Environment and Climate Change *). ((5) Abrogat. ---------- Alin. ((5) of art. 92 92 has been repealed by section 6.6. 13 13 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (6) For land permanently removed from the agricultural and forestry circuit for construction serving agricultural and forestry activities, works of land improvement, regularization of water courses, realization of drinking water sources and weather objectives, as well as for agricultural or forestry land, in the area of up to 500 sqm, owned by people up to 40 years of age and who want to build a home, are not due the fees provided for para. ((4). ---------- Alin. ((6) art. 92 92 was amended by the single article of LAW no. 340 340 of 3 December 2007 , published in MONITORUL OFFICIAL no. 846 846 of 10 December 2007. (7) It is also exempted from the payment of the taxes provided in par. (4) agricultural perimeters in the demolished villages or hamlets, under reconstruction. (8) The balance of the fund for improvement of the land fund constituted according to the law, which is not used at the end of the year, shall be carried over to the following year and shall be used ---------- Alin. ((8) of art. 92 92 has been introduced by section 1 1 of art. II of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 93 (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 an account the Fund for the Improvement of the Land Fund. (2) For the fee provided for in art. 92 92 para. ((4) and for the guarantee provided in par. ((1), deposited in the Land Fund Improvement Fund, shall be received by the holder an interest rate applied by the banking company for the period of deposit. (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 (4) If the holder of the approval does not execute the quality works and within the deadlines provided for in the approving acts, the agricultural or forestry body of specialty, based on the finding of the factual situation, has to execute the rendering works with expenses from the security deposit. (5) If the holder of the approval does not perform the work in a new term and the quality established by the agricultural or forestry body, the entire guarantee remains in the Land Fund Improvement Fund. + Article 94 The definitive or temporary use of agricultural land for purposes other than agricultural production shall be approved as follows: a) by the county agricultural bodies, through the agricultural cadastre office and the organization of the county agricultural territory or of the city of Bucharest, for agricultural land up to 1 ha. Approval for any extension of this land area is given by the Ministry of Agriculture and Rural Development *); b) by the Ministry of Agriculture and Rural Development *), for agricultural land in the area of up to 100 ha; c) Government, for agricultural land whose area exceeds 100 ha. + Article 95 Permanent use or temporary use of forest land for purposes other than forestry is approved by the county forestry body, up to 1 ha, by the Ministry of Environment and Climate Change *), for land in the area of up to 100 ha, and by the Government, for those exceeding this surface. + Article 96 (1) The approval provided for in art. 94 and 95 is subject to the prior agreement of the landowners. Also, for obtaining the approval provided for in art. 94 lit. b) and c) and art. 95 the opinion of the county agricultural or forestry bodies and the city of Bucharest, as the case may be (2) Unjustified refusal of the holder of the land to give his consent provided in par. (1) can be settled by the court, its decision replacing the consent of the one in question. + Article 97 Upon approval by the Government, the opinion of the Ministry of Agriculture and Rural Development *), for agricultural land and the Ministry of Environment and Climate Change *), for forest and water land and, if is the case, of the Ministry of Culture *), for the protection of monuments. + Article 98 The intravilan of the localities is the one existing on January 1, 1990, highlighted in the land cadastre; it can be modified only under the law. + Article 99 The land in the abandoned beds of the watercourses, which became available as a result of the regularization works, will be arranged for agricultural production, fish farming, or, as the case may be, forestry, with the basic works carried out by their holders. + Article 100 (1) The holders of investment or production objectives located on agricultural and forestry land are obliged to take measures prior to the execution of the construction of the objectives, to cover the fertile soil layer on the surfaces of the sites approved, to store and level on unproductive or poorly productive land, indicated by agricultural or forestry bodies, in order to highlight or improve them. (2) Storage can only be done with the consent of the landowners. They cannot be obliged to any payment for the value increase thus obtained, nor can they claim compensation for the period of non-use of the land. (3) The central public authority responsible for agriculture and rural development and the central public authority responsible for forestry shall designate experts empowered to record and monitor the storage and use of the soil layer. fertile provided in par. ((1). ---------- Alin. ((3) of art. 100 100 was introduced by art. unique from LAW no. 38 38 of 11 March 2015 , published in MONITORUL OFFICIAL no. 172 172 of 12 March 2015. + Article 101 (1) Titulation of investment or production works, which hold land which 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, they 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. (2) Beneficiaries of the works provided in par. (1) will not be approved of removal from agricultural or forestry production of other land, if they have not complied with the provisions of this article. (3) The execution of these works is done by specialized units of the Ministry of Agriculture and Rural Development *) and the Ministry of Environment and Climate Change *), from the funds provided by the beneficiaries, under the law. + Article 102 (1) Telecommunication and transmission lines and distribution of electricity, transmission pipelines for water supply, sewerage, petroleum products, gas, as well as other similar installations, shall be grouped and amplified along and in close proximity to the communication routes-roads, railways-, levees, irrigation and desecations channels and other limits obliged from the territory, in such a way as not to embarrass the execution of agricultural works. ((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. ((3) Approval under conditions other than those provided in par. (1) shall be given by the organs provided in art. 94 94 and 95. + Article 103 (1) Occupation of land necessary to remedy the disturbances in case of damage and execution of maintenance works to the objectives provided in art. 102, which are urgent and which are executed in a period of up to 30 days, will be made on the basis of the prior agreement of the land holders or, in case of refusal, with the approval of the prefecture of the county or the Bucharest City Hall. (2) In all cases, land holders are entitled to compensation for damages caused. + Chapter VIII Organisation and arrangement of agricultural territory + Article 104 The organization and arrangement of the agricultural territory has as its task the creation of conditions for a better use of land for the purpose of agricultural production and is executed on the basis of studies and projects at the request of the owners, Problems: a) linking the development of agriculture in the area with other economic and social activities, establishing measures to increase agricultural production and the overall exploitation of the territory; b) grouping by merging land on owners and destinations in accordance with the ownership structures and forms of cultivation of the earth, resulting from associations, establishing the perimeters of each property, merging the land dispersed and rectifying non-rationally located borders; c) elaboration of studies and projects of organization and arrangement of agricultural holdings; d) establishing the network of agricultural roads as an addition to the network of roads of general interest, integrated in the organization and overall arrangement of the territory, in order to carry out the transport of the necessary agricultural machinery the production process. + Article 105 Studies and projects of organization and arrangement of agricultural territory shall be developed by the units of studies, design and specialized research, central or county, and submit to the discussion of landowners in the interested area. In the case of their adoption by the majority of votes of the owners who own 2/3 of the area and the approval by the county agricultural bodies, the application of the measures and works provided shall become mandatory for + Chapter IX Sanctions + Article 106 Violation of the provisions of this law attracts civil, contravention or criminal liability, as appropriate. + Article 107 Repealed. ---------- Article 107 was repealed by art. 35 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 107 ^ 1 Changing the category of use of meadows, as highlighted in art. 78 78 para. (1 ^ 1), without the legal approvals in force, constitutes contravention and is sanctioned with a fine of 5,000 lei to 10,000 lei and with the complementary sanction consisting in the abolition of works and bringing the land in the original state at the expense the offender. ---------- Art. 107 ^ 1 was introduced by item 3 3 of art. 20 of EMERGENCY ORDINANCE no. 34 34 of 23 April 2013 , published in MONITORUL OFFICIAL no. 267 267 of 13 May 2013. + Article 108 Repealed. ------------ Article 108 has been repealed by point 14 14 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 109 Repealed. ---------- Article 109 has been repealed by point (a) 15 15 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 110 Repealed. ---------- Article 110 was repealed by art. 35 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 110 ^ 1 It constitutes contraventions to the rules on the reconstitution of the following facts: a) repealed; ---------- Lit. a) of art. 110 110 ^ 1 was repealed by art. 35 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) failure to display the data referred to in 27 27 para. (4 ^ 1) by the mayor within 10 days from the end of the previous month; c) the mayor's display of data on the reconstitution or constitution of ownership, which do not correspond to reality. d) the act of any natural person who has the status of a member of a commission for the application of this law to be unmotivated from any meeting of it; ---------- Lit. d) of art. 110 ^ 1 was introduced by section 5.1. 2 2 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. e) the act of the chairman of the commission to be absent from its premises, during working hours, without designating a person able to provide all the information and documents necessary for the control carried out by the National Authority for Restitution Properties or prefect or its powers; ---------- Lit. e) of art. 110 110 ^ 1 has been amended by section 4.2 9 9 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. f) the act of any natural person to prevent or limit citizens ' access to information of public interest regarding the application of the laws of the land fund; ---------- Lit. f) of art. 110 ^ 1 was introduced by section 5.1. 2 2 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. g) the act of any person to prevent, by any means-including by refusing to present the requested documents or information-and in any way, carrying out the controls by the National Authority for Restitution Properties, prefect or its powers; ---------- Lit. g) art. 110 ^ 1 was introduced by section 5.1. 2 2 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. ---------- Art. 110 ^ 1 was introduced by item 1. 16 16 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 110 ^ 2 The contraventions provided in art. 110 ^ 1 is sanctioned as follows: a) repealed; ---------- Lit. a) of art. 110 110 ^ 2 was repealed by art. 35 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) those from letters b) and c) with a fine from 50,000,000 lei to 100,000,000 lei. c) the one at lit. d), with a fine of 500 lei (RON) per 1,000 lei (RON), for each unmotivated absence; ---------- Lit. c) of art. 110 ^ 2 was introduced by section 4.2. 3 3 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. d) those of lit. e) and f), with a fine of 2,000 lei (RON) to 10,000 lei (RON); ---------- Lit. d) of art. 110 ^ 2 was introduced by section 4.2. 3 3 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. e) the one in lit. g), with a fine of 50,000 lei (RON) per 100,000 lei (RON). ---------- Lit. e) of art. 110 ^ 2 was introduced by section 4.2. 3 3 of art. unique from Title VI of EMERGENCY ORDINANCE no. 209 209 of 22 December 2005 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 30 December 2005. ---------- Art. 110 ^ 2 was introduced by item 16 16 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 110 ^ 3 (1) The finding of contraventions and the application of sanctions provided in art. 11O ^ 1 and art. 110 ^ 2 shall be made by the powers of the National Authority for the Restitution of Properties and by the prefect or its powers, in the case of the members of the local commissions. (2) If the control body considers it necessary, the police, gendarmerie or other agents of the public force, as the case may be, are obliged to grant the contest for obtaining the data and information necessary to carry out the activity of control as well as for the performance of any other activities necessary for this purpose. ---------- Alin. ((2) of art. 110 ^ 3 was amended by section 4.2. 10 10 of art. I of LAW no. 263 263 of 27 June 2006 , published in MONITORUL OFFICIAL no. 572 572 of 3 July 2006. ---------- Art. 110 ^ 3 was introduced by item 16 16 of art. I of Title IV of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 111 It constitutes contraventions to the rules on the record, protection, use and improvement of agricultural or forestry land the following facts, if they are not committed under such conditions, that, according to the criminal law, they constitute crimes: a) the making of land exchanges and the change of the category of land use from upper to lower, as well as the definitive or temporary use of agricultural and forestry land for purposes other than agricultural production and silvica, b) non-declaration to the county land cadastre bodies by the owners, within 30 days from the approval, the land exchanges and the change of their category of use, as well as the data on the size of the surfaces and their category of use; c) failure to take measures by land owners and authorized persons, in order to preserve in good conditions the geodetic, topographic jars, metal levels of levelment, pyramids and signal signaling beacons geodetic, as well as their degradation and destruction at fault; d) the non-discovery by the investment beneficiaries of the fertile soil layer, before the execution of the works of location of some objectives, and the non-storage of this layer on the areas established by the agricultural bodies, as well as the failure to take arrangement and levelling of the remaining land following excavation of coal, kaolin, clay, gravel, abandoned wells and the like; e) the location of the objectives of any kind, except for those provided in art. 92, on land located in extravilan, without the opinions and approvals provided by law; f) the occupation and use of land approved to be permanently or temporarily removed from agricultural production, before being delimited, bornate and handed over; g) land and crop degradation through the storage of materials or waste of gravel, rubble, sand, prefabricated, metal constructions, residues, household debris, garbage and the like; h) failure to take appropriate measures by legal or natural persons to avoid damage to land bordering through residues from production activity and by leakage of any kind. + Article 112 The contraventions provided in art. 111 111 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. + Article 113 The penalties may also apply to legal persons as follows: a) those of art. 111 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. + Article 114 (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 Rural Development and, as the case may be, by the Ministry of Environment and Climate Change *), 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. + Article 115 Insofar as this law does not otherwise have, the contraventions provided for in art. 111 the provisions of Law no. 32/1968 * *) on the finding and sanctioning of contraventions, as amended. Note
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* *) Law no. 32/1968 on the finding and sanctioning of contraventions was repealed by art. 51 of ORDINANCE no. 2 2 of 12 July 2001 , published in MONITORUL OFFICIAL no. 410 410 of 25 July 2001.
---------- + Chapter X Transitional and final provisions + Article 116 (1) The communal, city and municipal commissions, constituted according to the provisions of art. 12, 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 they will submit to the county commissions. (3) In the cases provided in art. 17 17, art. 30 30 para. ((2) and in art. 37, the county commissions, on the proposal of the communal, city and municipal commissions, as the case may be, will issue decisions for entitled holders, in order to establish their right to actions. (4) The decision of the county commission will be sent to the interested natural persons and to the commercial company concerned, within the period provided in ((1). (5) The communal, city and municipal commissions cease their activity by order of the prefect, and the county commissions and, respectively, of the city of Bucharest, by decision of the Government. + Article 117 During the period the communal, city and municipal commissions operate, as well as the liquidation commissions, their members, assigned to individual employment contracts, are considered delegates and the other members of the committees receive an indemnity. will establish by the law enforcement regulation. + Article 118 Specialist staff provided for in art. 8 of Decree-Law no. 43/1990 * *) on certain measures to stimulate the peasantry and economic activity of the cooperative and state agricultural units, which carried out its activity in the cooperative agricultural units disbanded or reorganized into commercial companies, benefit from the provisions of art. 19 19 para. ((1) or of art. 21. + Article 119 (1) Historical monuments, vestiges and archaeological objectives, hoards that will be discovered on the ground or in the basement are under the protection of the law. (2) Owners and landowners are obliged to ensure their integrity, to notify state bodies and to allow research and conservation work to be carried out. (3) Land owners will be compensated for damages suffered and for land taken over in the public domain, in money, or with equivalent land, as the case may be. + Article 120 The time worked by former cooperators in agricultural production cooperatives is considered to be seniority in work on the granting of pension and other social security rights. + Article 121 The financing of the general land cadastre activity, geodetic works, photogrammetric and organization of the territory, as well as of the data banks related to them, at county and national level, will be carried out from the budget. + Article 122 Annexes no. 1 and 2 are an integral part of this law. + Article 123 (1) This law shall enter into force on the date of its publication in the Official Gazette of Romania *). (2) On the date of entry into force of this Law, it is repealed - art. 1 1-36 and 51-79 of Law no. 59/1974 on the land fund, published in the Official Bulletin no. 138 138 of 5 November 1974; - Decree-Law no. 42/1990 on some measures to stimulate the peasantry, published in the Official Gazette of Romania, Part I, no. 17 of 30 January 1990, except art. 8-11 8-11; - Law no. 9/1990 on the temporary prohibition of the alienation of land by acts between vineyards, published in the Official Gazette of Romania, Part I, no. 95 of 1 August 1990, except art. 2 2; - H.C.M. no. 656/1975 for the establishment and sanctioning of contraventions to the rules on the record, use, protection and improvement of agricultural land, published in the Official Bulletin no. 74 74 of 16 July 1975; - Decree no. 115/1959 for the liquidation of the remnants of any forms of human exploitation by man in agriculture, in order to continuously raise the material and cultural living standards of the working peasantry and the development of socialist construction, published in the Bulletin Official of the Great National Assembly of the Romanian People's Republic no. 10 10 of 30 March 1959; -any other provisions contrary to the provisions of this law. Note
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*) See also the dates of entry into force of the amending normative acts.
---------- + Annex 1 + Annex 1 TAX due for the final removal from the agricultural land circuit In extravilan ------------------------------------------------------------------------------ Agricultural land class 1 2 3 4 5 ------------------------------------------------------------------------------ Tax-lei/sqm 4.00 3,50 3,00 2,50 2,00 ------------------------------------------------------------------------------ NOTE: The tax due for the final removal from the agricultural circuit of the land in extravilan is calculated by multiplying the area expressed in square meters of the land requested to be removed from the agricultural circuit by the value in the table. The amount of this tax is indexed annually with the inflation coefficient. ---------- Annex 1 has been amended by art. unique from LAW no. 341 341 of 17 July 2006 , published in MONITORUL OFFICIAL no. 626 626 of 20 July 2006. + Annex 2 TAX for the definitive use of forest land for purposes other than forest production and forest clearing ------------------------------------------------------------------------------- Quality class --------------------------------------- 1 1 2 3 4 5 ------------------------------------------------------------------------------- Percentage fee applicable to 600 550 500 400 300 at the sales price ------------------------------------------------------------------------------- NOTE: The percentage shall be applied to the annuity value established for the volume achieved on the holding of the basic species in the area, considered at the assortment of tel, established by arrangement or assimilated to it. Note
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NOTE:
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We reproduce below the II-V articles of Law no. 169/1997 ,, which have not been incorporated into the republished text of the Law no. 18/1991 and which continue to apply as own provisions of the Law no. 169/1997 .
Please note that the references in these articles refer to the texts of Law no. 18/1991 , as published in the Official Gazette of Romania, Part I, no. 37 37 of 20 February 1991.
"" Art. II. -The provisions amending or supplementing or repealing the present law shall be without prejudice in any way to 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 drawing. "
"" Art. III-(1) They are struck by absolute nullity, according to the provisions of civil law, applicable at the date of conclusion of the legal act, the following acts Law of Land Fund no. 18/1991 : a) acts of reconstitution or incorporation of the right of property, in favour of individuals who were not entitled, according to the law, to such reconstructions or constitutions; 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 23 of the law ( art. 24 24 of Law no. 18/1991 ,, republished); 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 20 ( art. 21 21 of Law no. 18/1991 , republished), 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 20 ( art. 21 21 of Law no. 18/1991 , republished) 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, crèches, 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 ( art. 29 29 of Law no. 18/1991 , republished). (2) Nulity may be invoked by the mayor, prefect, prosecutor and other persons who justify a legitimate interest, and the settlement of applications is the jurisdiction of the courts of common law, which have plenitude of jurisdiction. (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. 494 494 of the Civil Code. "
"" Art. IV. --(1) Persons who have not submitted applications within the time limit laid down 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 answer may address with a new request to communal, city or municipal commissions, within 90 days from the date of entry. in force of the present law. (2) Provisions of para. ((1) are not applicable to persons who, according to Law of Land Fund no. 18/1991 ,, they had no vocation to request and, respectively, to be reconstituted their ownership. "
"" Art. V.-By special law, after the establishment of the balance of the land fund, it 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, war veterans who have not been assigned land suitable Law no. 44/1994 , as well as teaching staff, as Law no. 128/1997 on the Staff Regulations. '
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