Law No. 213 Of 17 November 1998 Concerning Public Property And Its Legal Status

Original Language Title:  LEGE nr. 213 din 17 noiembrie 1998 privind proprietatea publică şi regimul juridic al acesteia

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LAW no. 213 of 17 November 1998 (* updated *) **
on publicly owned property)
(updated until March 10, 2016 *)
Issued



PARLIAMENT
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Note



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**) The title of the law was amended pt. 1 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

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Romanian Parliament adopts this law.

Chapter 1 General Provisions



Article 1


Repealed.

----------- Art. 1 was repealed pt. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 2


Repealed.

----------- Art. 2 was repealed pt. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 3


(1) The public domain is composed of assets referred to in art. 135 par. (4) of the Constitution from those set out in the annex part of this law and any other property which, by law or by their nature, purpose or public interest and are acquired by the state or territorial administrative units through methods provided by law.


(2) the state public domain consists of goods referred to in art. 135 par. (4) of the Constitution contemplated in section. Of Annex I and other household goods national or public interest, declared as such by law.


(3) public domain consists of the counties of goods listed in. Annex II and other household goods or county public interest, declared as such by the decision of the county council, if not legally declared goods use or national interest.


(4) public domain of municipalities, cities and municipalities consists of assets listed in. Annex III and other household goods or local public interest, declared as such by the decision of the local council, unless declared legally use goods or national interest or county.


Article 4


Private domain of the State or territorial administrative units is made up of assets owned by them and which are not part of the public domain.
Over these assets State or administrative-territorial units have the right to private property.

Article 5


Repealed.

----------- Art. 5 was repealed pt. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 6


(1) Belong to the public or private domain of the State or territorial administrative units and assets acquired by the state between March 6, 1945 - December 22, 1989, that came into state ownership under a valid title, observing Constitution and international treaties to which Romania was a party and the laws in force at the date of takeover by the state.


(2) The assets taken over by the state without valid title, including those obtained by vitiating consent, can be claimed by former owners or their successors, unless covered by special laws repair.


(3) The courts are competent to determine the validity of the certificate.


Chapter 2


legal regime of public property
Article 7


Repealed.

----------- Art. 7 was repealed pt. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 8


(1) transfer of the assets from the private domain of the State or territorial administrative units in their public according to Art. 7 letter e) is made, where appropriate, by decision of the Government, the county council or the General Council of Bucharest or the local council.


(2) Decision crossing property may be appealed under the law, the administrative court in whose territorial jurisdiction was good.



(3) into the public domain of heritage goods companies, where the state or an administrative-territorial shareholder, payment can be made only with the consent of the general meeting of shareholders of the company concerned. In the absence of agreement, the respective company's assets can be passed into the public domain only by the procedure of expropriation for public utility and after a fair and prior compensation.


Article 9


(1) Transferring a property in the public domain in the public domain of administrative-territorial unit is made at the request of the county council or the General Council of Bucharest Municipality or the local council, where appropriate, by Government decision.


(2) Passing a good public domain of an administrative-territorial units in the public domain is done at the request of the Government, by the decision of the county council or the General Council of Bucharest Municipality or the local council.


(3) The transition of property in the public domain of the county public domain of administrative-territorial units of the respective territorial jurisdiction of the county is at the request of the local council, the county council decision.


----------
Alin. (3) art. 9 was introduced by art. LAW no unique. 18 of March 4, 2016 published in the Official Gazette no. 169 of 7 March 2016

(4) Transfer of a good public domain of an administrative-territorial units from the jurisdiction of a county public in the county that is at the request of the county council by the Local Council.


----------
Alin. (4) art. 9 was introduced by art. LAW no unique. 18 of March 4, 2016 published in the Official Gazette no. 169 of 7 March 2016

Article 10


(1) Repealed.



----------- Alin. (1) art. Section 10 was repealed. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(2) The shift from public to private is made, where appropriate, by decision of the Government, the county council or the General Council of Bucharest or local council if the Constitution or the law provides otherwise .


(3) The decision of transferring the assets to the private sector may be challenged under Art. 8 paragraph. (2).


Article 11


Repealed.

----------- Art. Section 11 was repealed. 2 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 12


(1) Repealed.



----------- Alin. (1) art. Section 12 was repealed. 3 of Art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(2) Repealed.



----------- Alin. (2) art. Section 12 was repealed. 3 of Art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(3) Repealed.



----------- Alin. (3) art. Section 12 was repealed. 3 of Art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(4) Repealed.



----------- Alin. (4) art. Section 12 was repealed. 3 of Art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(5) litigation regarding the right of administration, the state is represented by the Finance Ministry and the administrative-territorial units by the county councils, the General Council of Bucharest or local councils, giving written mandate, every case, the county council president or mayor. It may appoint another government official or a lawyer to represent him in court.



----------- Alin. (5) art. 12 was amended by section. 4 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(6) Repealed.



----------- Alin. (6) of art. Section 12 was repealed. 5 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 13


Repealed.

----------- Art. Section 13 was repealed. 5 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Article 14



(1) Renting property of the state or administrative-territorial units are approved, where appropriate, by government decision, the county council, the General Council of Bucharest Municipality or the local council and the lease will include clause to ensure exploitation of nature leased asset, according to its specificity.


(2) The lease may be terminated, as applicable, to any natural or legal person, Romanian or foreign, by the owner of the property or administration.


Article 15


Concession or lease public property shall be by public auction, under the law.

Article 16


(1) The proceeds from the rental or lease public property are, if appropriate, come from the state budget or local budgets.


(2) If the lease ends by the rightholder administration, he is entitled to collect the rent a share of between 20-50%, determined as appropriate by the decision of the Government, county Council, the General Council of Bucharest Municipality or the local council which approved the lease.


Article 17


Repealed.

----------- Art. Section 17 was repealed. 5 of art. 89, Section 3, Cap. V of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

Chapter 3


Final
Article 18


Accounting and financial goods that make up the state's public and administrative-territorial units shall be kept separate in the accounts, according to the methodological norms issued by the Ministry of Finance and approved by Government decision.

Article 19


(1) The inventory of public property shall be made within 9 months from the date of entry into force of this law.


(2) Within 45 days from the date of entry into force of this law, the Department for Local Public Administration will elaborate on proposals county councils, the General Council of Bucharest or local councils, as appropriate, technical rules for the preparation of the inventory, which will submit them to the Government.


Article 20


(1) Inventory assets in the public domain shall be made as appropriate ministries, other specialized bodies of the central government and central public authorities that have such assets under management.


(2) centralization of the inventory mentioned in para. (1) shall be performed by the Ministry of Finance and is subject to the Government approval.


Article 21


(1) The inventory of public goods forming the territorial-administrative units shall, where appropriate, by especially constituted, headed by presidents of county councils, respectively Bucharest general mayor or mayors.


(2) Inventories prepared under par. (1) shall acquire, where appropriate, by the county councils, the General Council of Bucharest or local councils.


(3) inventories are centralized so appropriated by the county council, by the General Council of Bucharest, and forwarded to the Government, because, by decision, to certify goods belonging to the public domain county or local interest.


Article 22


Ministries and other specialized bodies of the central government, central government authorities, county councils, the General Council of Bucharest and local councils, as applicable, are obliged to record-keeping amending the legal regime of public property State or administrative-territorial units.

Article 23


Disputes concerning the delimitation of the public domain of the state, counties, villages, towns or municipalities within the competence of the administrative courts.

Article 24


Within 30 days of the publication of this law in the Official Gazette of Romania, the Ministry of Finance will draw up norms laid down in art. 18, which will submit them to the Government.

Article 25


For the purpose of this Law, the term public domain, included in art. 477 of the Civil Code is meant private domain of the State or territorial administrative units, as appropriate.

Article 26



Within 6 months from the date of entry into force of this law, the government will prepare a draft law on restitution in kind or in equivalent buildings abusively taken over by the state between 6 March 1945 - December 22, 1989.

Article 27


This law comes into force 60 days after its publication in the Official Gazette. On the same date shall repeal any provision to the contrary.

This law was adopted by the Senate at the meeting on September 14, 1998, in compliance with art. 74 para. (1) of the Constitution.

P. SENATE,
ULM SPINEANU


This law was adopted by the Chamber of Deputies in the meeting of September 14, 1998, in compliance with art. 74 para. (1) of the Constitution.

P. Chamber of Deputies Speaker
ANDREI Chiliman


Appendix



LIST including some goods that make up the public domain and I
administrative-territorial units. The public domain consists of the following goods *)
1. All the underground riches in the state of deposit;
2. airspace;
March. surface waters with their minor beds, banks and lake basins, groundwater, inland marine, sea cliff and beach, with their natural riches and hydropower potential, territorial waters and marine waters beds, inland waterways;
4. forests and land for afforestation, those that serve the culture, production or forest administration, ponds, stream beds and unproductive lands included in forest management plans, which are part of the national forest and not private property;
May. land that belonged to the public domain before March 6, 1945; land obtained through works of embankments, drainage and soil erosion; land and resorts scientific research institutes and units of agricultural and forestry education, for research and production of seeds and seedlings of generations and breed animals;
June. national parks;
July. nature reserves and natural monuments;
August. natural heritage of the Biosphere Reserve "Danube Delta";
September. natural resources of the economic zone and the continental shelf along the continental shelf;
10. railway infrastructure, including tunnels and works of art;
11. Underground tunnels and boxes and its related facilities;
12. national roads - motorways, expressways, national roads European primary, secondary ****);
13. waterways, canal basins, channel associated hydraulic structures, locks, defense and consolidation of banks and slopes, safety zones on the banks of the canal, access roads and the areas they are made;
14. electricity transmission networks;
15. spectrum and transmission and distribution telecommunications;
16. main channels and distribution networks for irrigation, with corresponding sockets;
17. crude oil transportation pipelines, petroleum products and natural gas;
18. reservoirs and their dams, where electricity production activity is connected to the national power grid or those installments to mitigate flood waves;
19. Flood embankments;
20. the regularization of water courses;
21. cantons hydro-meteorological stations, meteorological and water quality;
22. sea ​​and river ports, civilian and military - land on which they are located, embankments, pitching and other mooring constructions vessels and elsewhere in civil navigation, basins, aquatory and the Seine access, technological roads to ports, monuments historical based in ports, piers and pitching situated on the banks of waterways in enclosures without navigation port for activities;
23. land for exclusive military training;
24. border pickets and defense fortifications of the country;
25. runways, landing runways and landing platforms located on-boarding and the land on which they are located;
26. statues and monuments of national public interest;
27. assemblies and historical and archaeological sites;
28. museums, art collections declared of national interest;

29. land and buildings in which they operate: Parliament, Presidency, Government, ministries and other specialized central public administration and public institutions subordinated to them; courts and prosecutor's offices attached to them; units of the Ministry of Defense and Ministry of Interior, public service information, as well as those of the Directorate General of prisons; decentralized public services of ministries and other specialized bodies of the central government and prefectures except those extra acquired from own revenues, which constitute their private property.

Note



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Art. 2 of the Emergency Ordinance no. 30 of 14 April 2000 ***), published in Official Gazette no. 160 of 17 April 2000 provides that: "The list of some goods that make up the state's public and administrative-territorial units, the annex to Law no. 213/1998 on public property and its legal regime, published in the Official Gazette, part I, no. 448 of 24 November 1998 shall be completed in sections. I and III according to art. I. "

At pt. 1 of art. 1 of Emergency Ordinance no. 30 of 14 April 2000 stated:

The material base of higher education institutions is rightfully their property.

Pct. 2 of art. 1 of Emergency Ordinance no. 30 of 14 April 2000 states:

The material base of schools and other special schools under the Ministry of National Education, whose spending for maintenance, operation and development are financed from the state budget, part of the public domain and was in administration of county school inspectorates, for Bucharest.

***) Government Emergency Ordinance no. 30 of 14 April 2000, published in the Official Gazette no. 160 of 17 April 2000 was rejected by Law no. 113 of 14 March 2002, published in the Official Gazette no. 189 of 20 March 2002, making inapplicable additions to the Emergency Ordinance no. 30/2000 from 20 March 2002.

Art. 2 of the Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 states that: "The list of some goods that make up the state's public and administrative-territorial units, the annex to Law no. 213/1998 on public property and its legal regime, published in the Official Gazette, part I, no. 448 of 24 November 1998 shall be completed in pt. I, II and III according to art. I. "

Pct. 2 **) art. 1 of Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 states:

"Land and buildings in active units and institutions of public school under the Ministry of National Education, whose spending for maintenance, operation and development are financed from the state budget, part of the public domain . the other components of the material are the property as units and institutions concerned. "
**
) Pct. 2 of art. 1 of Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 was repealed by pt. 2 of art. 1 of Law no. 713 of 3 December 2001, published in the Official Gazette no. 803 of 14 December 2001.

Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 was approved by Law no. 713 of 3 December 2001, published in the Official Gazette no. 803 of 14 December 2001 following changes regarding the public domain:

"Material base of higher education institutions is rightfully their property. Ministry of Education is empowered to issue certificates of ownership for higher education institutions, based on documentation submitted by them."


"Land and buildings in active units and institutions of secondary education under the Ministry of Education, whose maintenance costs, operation and development are financed from the state budget, part of the state's public and is administered by the Ministry of Education and Research. the other components of the material are the property as units and institutions concerned. "

****) According pt. 16, art. I of Law no. 47 of 17 March 2004, published in the Official Gazette no. 257 of 23 March 2004 complementing Government Ordinance no. 43/1997 concerning the roads, republished

"I'm part of motorways and national roads infrastructure elements belonging to the public domain:

1. Superstructure and road infrastructure, located within the footprint and related land;

2. Bridges tunnels, viaducts, uneven passages and other works of art, with related land;

March. parking, waiting and parking and adjacent land belonging to the public domain;

4. the consolidation, protection and defense related field;

May. road plantations and related land;

June. land areas situated on either side of the road, forming safe zones within the limits provided by this ordinance. "

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II. County public domain consists of the following goods *)
1. county roads;
2. land and buildings in which they operate county council and apparatus thereof, as well as public institutions of county interest, such as libraries, museums, county hospitals and other such goods if they have not been declared purpose or national interest or local;
March. water supply networks in the system made by areas and treatment stations with facilities, construction and related land.

Note



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Art. 2 of the Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 states that: "The list of some goods that make up the state's public and administrative-territorial units, the annex to Law no. 213/1998 on public property and its legal regime, published in the Official Gazette, part I, no. 448 of 24 November 1998 shall be completed in pt. I, II and III according to art. I. "

Pct. 1 of Art. 1 of Emergency Ordinance no. 206 of 15 November 2000 states:

"Land and buildings operating state special education units are part of the public domain county and in Bucharest, and are administrated by the county council or the local councils of the Bucharest sectors, in the jurisdiction territorial operates. the other components of the material units of state special education law are their property. "

Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 was approved by Law no. 713 of 3 December 2001, published in the Official Gazette no. 803 of 14 December 2001 following changes in the public domain county:

"Land and buildings operating state special education units are part of the public domain county and in Bucharest, and in the administration of county school inspectorates, respectively Bucharest School Inspectorate. Real estate that management of decentralized services for child protection subordinated to the county under art. 3 of the Government Decision no. 261/2000, school inspectorates in the administration. "

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III. Public domain local villages, towns and cities are composed of the following goods *)
1. communal roads, and streets;
2. public markets, trade fairs, oboarele and public parks and recreational areas;
March. lakes and beaches that are not declared by the county or national public interest;
4. water supply networks, sewerage, district heating, water treatment plants and wastewater treatment plants, installations, construction and related land;

May. land and buildings in which they operate and the city council and local public institutions, such as theaters, libraries, museums, hospitals and clinics and the like;
June. social housing;
July. statues and monuments, unless they have been declared national public interest;
August. All the underground riches in the state of deposit, unless they have been declared national public interest;
September. land with forest destination, if not part of the private domain of the state, and are not the property of individuals or legal entities of private law;
10. town and city cemeteries.

------------ Item 4 of Section III of Annex amended by art. 1 of Law no. 241 of 6 June 2003, published in Official Gazette no. 415 of 13 June 2003.

Note



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*) Art. 2 of the Emergency Ordinance no. 30 of 14 April 2000 **) published in the Official Gazette no. 160 of 17 April 2000 provides that: "The list of some goods that make up the state's public and administrative-territorial units, the annex to Law no. 213/1998 on public property and its legal regime, published in the Official Gazette, part I, no. 448 of 24 November 1998 shall be completed in sections. I and III according to art. I. "

At pt. 2 of art. 1 of Emergency Ordinance no. 30 of 14 April 2000 stated:

Land and buildings operating school units - kindergartens, schools (primary and secondary) schools, school groups, seminaries, vocational schools and post-secondary schools - are in the public domain of municipalities, towns, municipalities and sectors of Bucharest, in the jurisdiction they operate.
Change destination
material basis of pre-university educational institutions and units can be achieved only with the Minister of National Education.

Also, at pt. 2 of art. 1 of the same law reads as follows:

"Constructions for education, made from funds allocated from the local budget, will be part of the public domain of the administrative unit which allocated funds."
**
) Emergency Ordinance no. 30 of 14 April 2000, published in the Official Gazette no. 160 of 17 April 2000 was rejected by Law no. 113 of 14 March 2002, published in the Official Gazette no. 189 of 20 March 2002, making inapplicable additions to the Emergency Ordinance no. 30/2000 from 20 March 2002.

Art. 2 of the Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 states that: "The list of some goods that make up the state's public and administrative-territorial units, the annex to Law no. 213/1998 on public property and its legal regime, published in the Official Gazette, part I, no. 448 of 24 November 1998 shall be completed in pt. I, II and III according to art. I. "

Pct. 1 of Art. 1 of Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 states: "Land and buildings operating units public school - kindergartens, schools (primary and secondary) schools, school groups, seminaries, vocational schools and post-secondary schools - are in public domain of municipalities, towns and municipalities in whose territorial jurisdiction they operate. the other components of the material are the property right pre-university educational establishments. "

Emergency Ordinance no. 206 of 15 November 2000, published in the Official Gazette no. 594 of 22 November 2000 was approved by Law no. 713 of 3 December 2001, published in the Official Gazette no. 803 of 14 December 2001 following changes in the public domain of municipalities, towns and cities:


"Land and buildings operating state pre-schools: nursery, primary and secondary schools, high schools, vocational schools, seminaries, vocational schools and post-secondary schools are part of the public domain of municipalities, towns, municipalities, counties or Bucharest, in whose territorial jurisdiction they operate, and in the administration of county school inspectorates, respectively Inspectorate Bucharest school, under the law. the other components of the material are legal property of the education institutions Of the state."

"Changing the destination of the material pre-university educational institutions and units can be achieved only with the assent of the Minister of Education and Research. Alienation or change of use of the material basis of education property without approval of the Ministry of Education and Research is an offense and punishable under criminal law. acts of alienation or change the destination of the goods of the material basis of education, without approval of the Ministry of education and research, are void. "

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