LEGE no. 1 1 of 11 January 2000 (* updated *) for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 ((updated until 12 December 2011 *)
ISSUER
PARLIAMENT
------------- The Romanian Parliament adopts this law + Chapter I General provisions General provisions + Article 1 Natural persons and legal persons who have made applications for the reconstitution of the right of property for agricultural land and forest land, within the legal term, are reconstituted their ownership under the conditions provided by this law. The provisions of this law also apply to the restitution of constructions accessories to agricultural and forestry land. ---------- Article 1 has been amended by section 1. 1 1 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 2 (1) In application of the provisions of the present law the reconstitution of the right of property is done on the old sites, if they were not legally assigned to other persons The commissions for the application of the laws of the land fund, in agreement with the owners, can compress the land to be returned to a single site. ... ---------- Alin. ((1) of art. 2 2 has been amended by section 2 2 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) Rights acquired in compliance with provisions Law of Land Fund no. 18/1991 , for which property certificates have been issued, minutes of possession or title of property, remain valid without any other confirmation. ... + Article 3 ((1) Abrogat. ... ----------- Alin. ((1) of art. 3 3 has been repealed by art. unique from LAW no. 267 267 of 7 December 2011 published in MONITORUL OFFICIAL no. 870 870 of 9 December 2011. ((2) Reconstitution of the right of property for individuals provided for in art. 9 9 para. ((1) of the Land Fund Law no. 18/1991 ... , republished, with subsequent amendments and completions, is made for the difference between the area of 10 ha of family and that brought into the agricultural cooperative of production or taken over by special laws or in any way from the cooperative members, but not more than 50 ha of dispossessed owner. ---------- Alin. ((2) of art. 3 3 has been amended by section 3 3 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((2 ^ 1) For the land of the dispossessed owners, individuals, on which pastures and meadows are located, the reconstruction is made for the difference between the area of 50 ha of family and that brought into the agricultural cooperative of production or taken over by acts Special normative or by any other way from cooperative members or from any other possessed physical person, but not more than 100 ha of dispossessed owner *). ---------- Alin. (2 ^ 1) of art. 3 3 has been introduced by section 1 1 of art. I of LAW no. 193 193 of 19 June 2007 , published in MONITORUL OFFICIAL no. 422 422 of 25 June 2007. ---------- (3) If there are no areas of agricultural land in the locality, in order to fully meet the applications, under the conditions provided in par. (2), the reconstitution of the ownership will be made, on the proposal of the local commission, from the areas of agricultural land passed into the property of the commune, city or municipality art. 49 49 of Law no. 18/1991 ... , republished, from the land of the surrounding communes within which the requested agricultural land is located, by transfer of annexes with the validation of the county commission, as well as by judicial decisions remaining final and irrevocable. Alin. ((3) of art. 3 3 has been amended by section 1 1 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (4) If the reconstitution of the right of full ownership cannot be made, under the conditions of par. (2), compensation will be awarded for the difference in non-returned land. ... (5) By owner dispossessed, for the purposes of this law, the titular person of the property right is understood at the time of the dispossession. ... Article 3 has been amended by section 3. 2 2 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 4 (1) For land in the extravilan of localities, former properties of natural and legal persons, who have passed into state property and on which hydrotechnical, hydroelectric or hydroamelioration installations are found, on which they are carried out mining operations or oil-exploration and exploitation operations, shall be returned, under the law, to former owners or to their heirs, equivalent to the existing reserves at the commissions local, and in the situation where these surfaces are insufficient, from the private domain of the state, from the same locality or other localities, accepted by the former owners. In cases where the compensation is not possible will be awarded compensation to former owners or their heirs, under the law. ... ---------- Alin. ((1) of art. 4 4 has been amended by section 4 4 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 1) For the land of former owners natural or legal persons, including fish cooperatives or other associative forms provided in art. 26 26 para. (1), which were found, at the date of dispossession, fish facilities, greenhouses or hop plantations, of dudes, vine or fruit plantations, currently the property of the state, the refund is made on the old sites, with the obligation to maintain them the destination and, where applicable, the unit and functionality. ---------- Alin. ((1 ^ 1) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 2) For the above-mentioned lands, which were carried out by the state investments, not amortized until the entry into force of this law, the former owners may opt for reconstitution on the old site, with the obligation to pay the state, within 10 years, the non-amortized value of the investment, if it represents more than 30% of the total value of the investment on the date of entry into force of this law, or to receive land on other sites, accepted by they, of the same category of use with the land they handed over or compensation. ---------- Alin. ((1 ^ 2) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 3) For land taken over by the state from which investments were sold in compliance with the law, former owners may opt for another site, accepted by them, or for compensation paid either by the investor or by the state. ---------- Alin. ((1 ^ 3) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 4) In the case of the option for compensation paid by investors, the former owners will agree with investors, within 3 months from the date of entry into force of this law or from the date of validation of the request for reconstitution of the right of property, the price of the land, which may not be lower than its market value, and the payment term, which may not be more than 3 years. ---------- Alin. ((1 ^ 1) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 5) The agreement will be registered with the county commission that validated the request for reconstitution and becomes enforceable title for the payment of the price if the investor does not comply with his payment obligation within the agreed deadline. From the moment of registration of the agreement, the option of the parties is final and the parties can no longer opt for other forms of reconstitution and compensation respectively The owners will be able to address the state, under the legal provisions on the granting of compensation by it, only to cover the value of the investments taken by the state once with the land they had in the property. ---------- Alin. ((1 ^ 5) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 6) Until payment is made, the owner of the investment will pay the former owner of the land an amount, agreed by the parties, which may not be less than the royalty paid to the state at the time of the agreement and will not be able to alienate in any way its investment, under the sanction of absolute nullity. ---------- Alin. ((1 ^ 6) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 7) The owners of the investments acquire the ownership of the land at the time of full payment of the value of the land. ---------- Alin. ((1 ^ 7) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 8) If no compensation is chosen by the investor, or if the former owner and the investor do not reach an agreement within the period referred to in par. (1 ^ 4), the former owner will receive land on another site, accepted by him, or compensation from the state, both for the land and for the investments proven at the time of taking over the land, under the law. ---------- Alin. ((1 ^ 8) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 9) In case of implementation of the agreement referred to in (1 ^ 4), for investments proven at the time of taking over the land, the former owner receives compensation from the state, under the law. ---------- Alin. ((1 ^ 9) of art. 4 4 has been introduced by section 5 5 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) If the investments for which the land area was taken over by the state have not been executed or are in the project stage, the area taken over shall be returned, upon request, to the former owners or their heirs, on the old location. ... ---------- Alin. ((2) of art. 4 4 has been amended by section 6 6 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 4 ^ 1 For the land of the dispossessed owners, natural persons, on which there are natural fish pools and landscaped fish pools, greenhouses or hop plantations in operation at the date of application of this law, the refund is made on another site, if there are sufficient areas, or compensation is awarded under the law. ------------ Article 4 ^ 1 has been amended by section 4. 2 2 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 5 In the case of individuals referred to art. 9 9 para. ((2) of Law no. 18/1991 , republished, with subsequent amendments, to which the ownership was reconstituted within the area of agricultural land area of up to 10 ha of family and were applied the reduction quota according to the law, the difference in area unassigned or awarded compensation. ----------- Article 5 has been amended by section 6.6. 5 5 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 6 (1) When establishing, by reconstitution, the right of property for agricultural and forestry land, in accordance with the provisions of this law, the communal, city, municipal commissions and county commissions, constituted according to the law, shall rigorously verifies the existence of the supporting documents provided for in art. 9 9 para. ((5) of Law no. 18/1991 ... , republished, as well as the relevance, the verosimility, the authenticity and the conclusion of these acts, taking into account the provisions of art. 11 11 para. ((1) and (2) of the same law. ----------- Alin. ((1) of art. 6 6 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. ((1 ^ 1) Property titles obtained prior to entry into force of Law no. 18/1991 and the free existence of the old sites make absolute proof of the property, obliging the land fund commissions to proceed to the validation of the application for the reconstitution of the property right. ---------- Alin. ((1 ^ 1) of art. 6 6 has been amended by section 7 7 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 2) Consignations made between 1945 and 1990 in agricultural registers, applications for entry into former agricultural production cooperatives, documents existing at the state archives relating to land ownership, not accompanied by the titles of property, have declarative value on the property. ---------- Alin. ((1 ^ 2) of art. 6 6 has been amended by section 7 7 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 3) If there are no more supporting documents, the evidence with witnesses is sufficient in reconstructing the right to property when it is done on the old sites and when the witnesses who recognize them are the neighboring owners or their heirs, on all sides of the land for which the reconstitution was requested. ---------- Alin. ((1 ^ 3) of art. 6 6 has been introduced by section 8 8 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 4) Any evidence proving the ownership of the former owners may be removed only by a sample of the same force produced by the current owner of the land or by third parties, denying the ownership. ---------- Alin. ((1 ^ 4) of art. 6 6 has been introduced by section 8 8 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) Provisions art. 12 12 and art. 27 of the Land Fund Law no. 18/1991 ... , republished, with subsequent amendments and completions, on the restoration of the right of property by reconstitution, as well as the procedural provisions provided in art. 51-59 of the same law shall apply accordingly to the reconstitution of the right of property, according to the present law. ---------- Alin. ((2) of art. 6 6 has been amended by section 9 9 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 1) In a situation where certain areas are claimed by two persons, one of whom is the former owner, who was taken over the land by the abusive measures applied during 1945-1990, and the second, the person to whom he was assigned land from the one taken from the former owner within the limit of existing land resources, including the reserves created, will return the land in the nature of both applicants. If the resources are insufficient, the land of the person who owned the property documents in 1990 will be assigned in nature, and those who were impropriety with such land will be compensated under the law. ---------- Alin. (2 ^ 1) of art. 6 6 has been introduced by section 10 10 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((2 ^ 2) Differences between the areas listed in the property titles, in the agricultural registers, in the requests for entry into the cooperative, in the acts of donation to the state, in the archives of the state from 1945 to 1990 and the factual situation at the time of the Possession corrects in favor of former owners. ---------- Alin. (2 ^ 2) of art. 6 6 has been introduced by section 10 10 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ----------- Alin. ((3) of art. 6 6 has been repealed by section 6.6. 8 8 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 7 For land subject to the reconstitution of the property right according to art. 3, 4, 5 and 23, an additional title will be issued, if the persons concerned already have a title issued under the conditions Law of Land Fund no. 18/1991 . ---------- Article 7 has been amended by section 7. 12 12 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Chapter II Restitution of agricultural land Restitution of agricultural land + Article 8 Individuals who were reconstituted the property for the difference between the area of 10 hectares of family and the area taken over by the state by special laws, but not more than 50 hectares, on more lots than they owned before takeover, upon request, if possible, their land is composing in larger lots or in a single lot, of the same category of use as the one taken over, including from the state property lands, freeing up a new title of property, after revocation of the original of the county commission of land fund. ---------- Article 8 has been amended by section 6.6. 13 13 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 9 (1) State-owned land, managed by the institutes, centres and research resorts, intended for the research and production of seeds, of propagating material of superior biological categories and of breed animals, shall remain in the administration to them, except for agricultural land taken from former owners and requested by persons entitled to reconstitution. Land in the perimeters of resorts, institutes and research centers that are subject to restitution will be delimited in compact sole, starting from the edge of the perimeter, according to Law no. 290/2002 ... on the organization and functioning of the research and development units in the fields of agriculture, forestry, food industry and the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti", with subsequent amendments and completions. ---------- Alin. ((1) of art. 9 9 has been amended by section 14 14 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((1 ^ 1) Provisions of para. ((1) shall also apply to land used on the date of entry into force of this law by educational establishments with agricultural or forestry profile. The areas that remain in the administration of educational institutions will be delimited by Government decision within 90 days from the date of entry into force of this law. ---------- Alin. ((1 ^ 1) of art. 9 9 has been introduced by section 15 15 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 2) For land areas that are returned to the old site of persons entitled under the conditions of par. (1) and (1 ^ 1) the research and educational units will receive in administration appropriate land areas of state property. ---------- Alin. ((1 ^ 2) of art. 9 9 has been introduced by section 15 15 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ----------- Alin. ((2) of art. 9 9 has been repealed by section 6.6. 14 14 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (3) The agricultural land that belonged to the Romanian Academy, universities, higher education institutions with agricultural profile and research units in 1945, returns to their property. ... ---------- Alin. ((3) of art. 9 9 has been amended by section 14 14 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((4) The reconstitution of the ownership of agricultural land that belonged to the Romanian Academy is made by the land merging by the State Domains Agency, at the request of the Romanian Academy, if the old sites of the former owners and in compliance with provisions Law no. 752/2001 ... on the organization and functioning of the Romanian Academy, with subsequent additions ---------- Alin. ((4) of art. 9 9 has been introduced by section 16 16 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 10 (1) Natural persons who have been reconstituted the ownership of land owned by agricultural research and production institutes and resorts, as well as by autonomous regions with agricultural profile or by national companies with a profile agriculture will be assigned land in nature from the privately owned land of the state. ... (2) If the private property areas of the state are insufficient they can be supplemented with areas that will be removed from the public domain of the state, under the law, at the proposal of the prefect, or compensation will be granted. ... ----------- Article 10 has been amended by section 10. 15 15 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 12 (1) The communal, town or municipal commissions of the administrative-territorial units on which the lands are located, together with the cadastre and real estate advertising offices will delimit the requested land on the old sites, if they have not been legally assigned to other persons, or in sole located in the vicinity of the localities, accepted by the former owners, with the provision of access to the hydroameliorations works, where they exist. ... ---------- Alin. ((1) of art. 12 12 has been amended by section 17 17 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) If waterimprovement works are located on the returned areas, the owners put in possession are obliged to ensure the common access and use for all the owners, to their full capacity. ... (3) Individuals and legal persons, who have the right of access and common use to the works and installations of hydroimprovers, are obliged to exercise these rights in good faith, not to affect the normal state of use and to contribute, in proportion, to the maintenance and repair of these works and installations. All users respond jointly for damages of any kind to works and installations in all cases where liability cannot be individualized. ... (4) The minutes of delimitation together with the decision of the local commission will be submitted for validation to the county commission, which is obliged to rule within 30 days of its receipt. ... ----------- Alin. ((4) of art. 12 12 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (5) The decision of the county commission and, respectively, the delimitation minutes and the situation plan will be transmitted to the companies, institutes and resorts of agricultural research and production, autonomous regions and national companies with agricultural profile, as well as local commissions, to be considered when preparing the necessary documentation to establish the sites according to the law, to the possession of the holders, as well as to the issuance of the property titles. ... (6) 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. ... (7) The operations provided in par. (5), including the issuance of title deeds, shall be made within one year from the date of entry into force of this Law. ... + Article 13 The Prefect, in his capacity as chairman of the county commission, will draw up and submit monthly to the National Authority for Property Restitution a report on the application of the provisions of the law, with proposals for measures, including employment of liability for mayors who delay or impede in any way the reconstitution of ownership within the time limits and under the conditions laid down by law. ---------- Article 13 has been amended by section 1. 18 18 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 22 The reconstitution of the property right, the possession and issuance of property titles, in the case of individuals, shall be made by the local commissions and the county commissions or by the prefect, in accordance with the provisions of art. 12 12 and art. 51 51-59 of the Land Fund Law no. 18/1991 , as amended and supplemented, Law no. 169/1997 , with the provisions of the Regulation on the establishment procedure, the powers and the functioning of the commissions for the establishment of private ownership of land, the model and the way of attribution of property titles, as well as possession of the owners, approved by Government Decision no. 1172/2001 , as amended and supplemented, as well as in compliance with the provisions of this law. ---------- Article 22 has been amended by section 20 20 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 22 ^ 1 The state property areas made up of land on account of indiguirs, desecations and other works of land improvement, from the land of existing farms on the date of entry into force of Law no. 187/1945 for the implementation of the agrarian reform, from those taken from the Crown Domains or from the Ministry of National Defence remain in the public domain of the state and cannot be subject to the reconstruction of the right of property. ------------ Article 22 ^ 1 has been amended by section 1. 7 7 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 28 28 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 23 (1) The representative structures of the cult units may acquire in the property, by reconstitution, areas of agricultural land that they had, as follows: ... a) diocesan centers, up to 100 ha; ... b) the prototyping, up to 50 ha; ... c) monasteries and skits, up to 50 ha; ... d) parishes and philes, up to 10 ha. ... ----------- Alin. ((1) of art. 23 23 has been amended by section 29 29 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (1 ^ 1) The representative structures of the cult units, established until the date of entry into force of this law, may acquire in the property, by constitution, agricultural areas within the limits provided in par. (1), from the available land of the respective local council, after the application of the provisions of ------------ Alin. ((1 ^ 1) of art. 23 23 has been amended by section 8 8 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 30 30 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (1 ^ 2) The places of worship provided in par. (1), if they owned larger areas than those returned until the entry into force of this law, they may request the reconstitution of the property right for the entire area held in 1945. ---------- Alin. ((1 ^ 2) of art. 23 23 has been introduced by section 21 21 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) For legal entities, cult units recognized by law, rural and urban areas, provided in par. ((1), are and shall also remain applicable to the provisions of art. 3 3 para. ((2)-(4) of this Law. ... (3) Pre-university education units with agricultural or forestry profile, general schools in rural areas and public institutions for the protection of children are returned the land areas they had in the property, within 50 ha. ... ----------- Alin. ((3) of art. 23 23 has been amended by section 31 31 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (4) Pre-university education units with agricultural or forestry profile, which have not owned agricultural land, are assigned, in use, areas of agricultural land up to 50 ha, if such land exists in the reserve of commissions local. ... ------------ Alin. ((4) of art. 23 23 has been amended by section 9 9 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 31 31 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (5) The administrative-territorial units that owned agricultural land in the property may request the reconstitution of the property right for the entire area owned in 1945. ... ---------- Alin. ((5) of art. 23 23 was introduced by art. I of LAW no. 160 160 of 12 July 2010 published in MONITORUL OFFICIAL no. 497 497 of 19 July 2010. ------------ + Chapter III Restitution of forest land Restitution of forest land + Article 24 ((1) Reconstitution of ownership of forest land, for the difference between the area received by the application of the laws of the land fund and the property, natural and legal persons or, as the case may be, heirs It is done on the old sites. ... ---------- Alin. ((1) of art. 24 24 has been amended by section 22 22 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 1) If the validation was made on a site other than the one had in the property and for that area the possession was not made, the title is issued on behalf of the former owner or his heirs. ---------- Alin. ((1 ^ 1) of art. 24 24 has been introduced by section 23 23 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 2) Land of protected natural areas, established and declared according to the law, stands constituted as units-source for the production of forest reproductive materials, plantings, plant-mother crops for the production of Cuttings, registered in the national catalogue of basic materials, shall be returned to the former owners or their heirs, with the obligation to keep their destination and to ensure their administration through authorized forestry structures. The former owner can opt to assign an equivalent area from the state property forest fund *). ---------- Alin. ((1 ^ 2) of art. 24 24 has been introduced by section 23 23 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 3) In the case of cleared land after January 1, 1990 the former owner may opt for the refund on the old site. ---------- Alin. ((1 ^ 3) of art. 24 24 has been introduced by section 23 23 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (1 ^ 4) If on the old site there are forests classified in functional group I according to the provisions Law no. 26/1996 -The Forest Code, with subsequent amendments and completions, the former owner or his heirs must comply with their destination and allow the necessary intervention works or may opt for the return of another land, located in proximity of the old site *). ---------- Alin. ((1 ^ 4) of art. 24 24 has been introduced by section 23 23 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) It is exempted from the reconstitution of the ownership of the old sites assigned to the former owners, in compliance with the provisions Law of Land Fund no. 18/1991 ... , with subsequent amendments and completions, for which property titles or minutes of possession were issued. ---------- Alin. ((2) of art. 24 24 has been amended by section 24 24 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (3) For the cases provided in par. (2) the possession will be made on other lands, located near the old sites, accepted by the owner *). ... ---------- Alin. ((3) of art. 24 24 has been amended by section 24 24 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ---------- Alin. (3 ^ 1) of art. 24 24 has been repealed by section 6.6. 25 25 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ---------- Alin. (3 ^ 2) of art. 24 24 has been repealed by section 6.6. 25 25 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (4) The units and the forestry subunits under the National Forest Regia-Romsilva, as well as the other current forest land holders requested by the former owners or their heirs, will provide the commissions local application of the provisions of this law the land areas for which the applications for reconstitution of the property right have been validated, by categories of holders provided for in this law, under the conditions provided in par. ((1)-(3). The actual passage of land into private property will be made on the occasion of the possession, according to the present law. ... ---------- Alin. ((4) of art. 24 24 has been amended by section 24 24 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (5) The central public authority responsible for forestry will take measures for each forest detour to delimit the perimeters with land that remain the property of the state of land that is subject to the reconstitution of the right of private property. ... ---------- Alin. ((5) of art. 24 24 has been amended by section 24 24 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (6) The state property lands, managed by the Research Institute and Silvice Fines, intended for research activity, remain in its administration, except for forest land taken from former owners and requested by persons entitled to reconstitution. Forest land for research that is subject to restitution will be delimited in compact bodies, starting from the edge of the perimeter. ... ---------- Alin. ((6) of art. 24 24 has been introduced by section 26 26 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ------------ + Article 25 (1) Reconstitution of ownership and possession of holders, in the case of forest land, as well as the issuance of title deeds shall be made by the local commissions and the county commissions, respectively, under the conditions and with the procedure established by Law of Land Fund no. 18/1991 ... , as amended and supplemented, by Law no. 169/1997 , of the Rules on the Establishment Procedure, the attributions and the functioning of the commissions for the establishment of private ownership of land, the model and the way of attribution of title deeds, as well as the possession of the owners, approved by Government Decision no. 1172/2001 , with subsequent amendments and completions, and according to this law. ---------- Alin. ((1) of art. 25 25 has been amended by section 27 27 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) Management and exploitation of forest land, awarded under the conditions of art. 24 of this law, are made in forestry, according to the law. ... ----------- Alin. ((2) art. 25 returned to the previous form EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 ,, by abrogation of section 36 36 of art. I of this ordinance by item 10 10 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002. (3) For the persons referred to in art. 24 24 para. (1) of this law shall be issued an additional title. If no property title has been issued yet for the forest land area received by application of the land fund laws, a single title will be issued for the entire area resulting from the application Law of Land Fund no. 18/1991 ... , with subsequent amendments and completions, Law no. 169/1997 and the present law. ---------- Alin. ((3) of art. 25 25 has been amended by section 27 27 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ----------- Alin. ((4) of art. 25 25 has been repealed by section 6.6. 37 37 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 26 (1) Associative forms of ownership of land with forest vegetation, pastures and meadows, obsti de mosneni in devalmasie, obsti undivided razesesti, composesorate, purchase obsti, graniceresti forests, urbarial forests, common political, cooperative, other communities and associative forms with different names, will be issued a single title, at the request of their legal representative, with the mention to the holder, as the case may be: "obste de mosneni", "obste de razesi", "" composesorat "," graniceresti forests ", other associations and associative forms with the name of the ... ---------- Alin. ((1) of art. 26 26 has been amended by section 28 28 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) The associative forms shall be fully restored to the property. ... ---------- Alin. ((2) of art. 26 26 has been amended by section 28 28 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((2 ^ 1) If the associative form was in devaluation, without specifying the part-parts for each dispossessed associate, the area to be returned shall be established in quotas-equal parts, within the limits provided in par. ((2). ----------- Alin. (2 ^ 1) of art. 26 26 has been introduced by section 39 39 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. ((2 ^ 2) The area returned to the associative forms includes only the land for which applications were made. ----------- Alin. (2 ^ 2) of art. 26 26 has been introduced by section 39 39 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. ((2 ^ 3) The area returned to the members of associative forms shall not be cumulated with the area acquired according to the provisions of 24 24 para. ((1) and of art. 29 29 para. ((1). ------------ Alin. ((2 ^ 3) of art. 26 26 has been amended by section 12 12 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. ------------- Alin. ((2 ^ 4) of art. 26 26 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 603 603 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------ Alin. ((2 ^ 4) of art. 26 26 has been introduced by section 13 13 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, which supplements art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001, with point 39 39 ^ 1. Section 13 of the art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 603 603 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------ (3) The title of the property will be accompanied by a site outline of the forest land area that belonged to the village of Mosneni, the obes of razesi, the composesorate and the others as well, to be returned. ... Alin. ((3) of art. 26 26 has been amended by section 28 28 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ((3 ^ 1) The possession in the case of reconstituted areas within several communes is made by the local commissions under the coordination and with the opinion of the county offices of the National Agency for Cadastre and Real Estate Advertising, and in the case Reconstituted surfaces within several counties by the National Agency for Cadastre and Real Estate Advertising. The title will be issued by the county commission in whose territorial area the headquarters of the associative form is located. Alin. (3 ^ 1) of art. 26 26 has been introduced by section 29 29 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. Alin. ((4) of art. 26 26 has been repealed by section 6.6. 40 40 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 27 Administration and exploitation of forest land referred to in art. 26 of this law is made in accordance with the statutes of associative forms admitted by the legislation of the Romanian state during 1921-1946, in so far as it does not contravene the legislation in force. ---------- Article 27 has been amended by section 6.6. 30 30 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 28 (1) In order to organize the administration of forest land provided for in 26 of the present law and the determination of responsibilities regarding their administration, the entitled persons will be reorganized, based on this law, in the initial associative forms. ... (2) Within 90 days from the date of entry into force of this law an ad hoc committee shall request the court in whose territorial area the lands are located the recognition of associative forms of administration and exploitation of land forest. ... (3) The ad hoc committee shall present to the judge, with the request, a status in authentic or certified form of lawyer, in which their structure, management bodies, management of forest land will be established, under the conditions the law, members ' rights and oblibations, liabilities, sanctions, dissolution, and other specific provisions. ... (4) By judicial decision the associative forms of joint administration, constituted under the conditions and in compliance with the forestry regime provided by law, regain the quality of legal person. The court decision will be entered in a special register held by the court. ... (5) The forest areas in the common property, according to their nature, remain in the property of individuals for the duration of their existence. ... (6) Members of associative forms in devaluation or indivision may not instruct their own quotas-parts of persons outside them. ... (7) The lands of these associative forms cannot be disposed of in any way, in whole or in part. ... (8) In case of dissolution of associative forms, their individual property shall pass into the public property of the local councils within which the respective lands are located. ... ---------- Article 28 has been amended by section 6.6. 31 31 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 29 (1) In application of provisions art. 47 of the Land Fund Law no. 18/1991 ... , republished, with subsequent amendments and completions, the proposals to reconstruct the ownership of the forest land and to issue the title of property will be made on behalf of the parish, hermitage, monastery, institution of culture and education, the Romanian Academy within the limits of the areas they had in the property, even if the lands are located within several localities or counties. ---------- Alin. ((1) of art. 29 29 has been amended by section 32 32 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2) The diocesan centers, the deaneries, the monasteries, the hermitages, the parishes, the filies and other structures of the cult units acquire, by reconstitution, the ownership of the forest land. ... ---------- Alin. ((2) of art. 29 29 has been amended by section 32 32 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. (2 ^ 1) The Elias Foundation acquires, by reconstitution on the old sites or by merging, the ownership of the forest land. ---------- Alin. ((2 ^ 1) art. 29 29 was introduced by the single article of LAW no. 342 342 of 17 July 2006 , published in MONITORUL OFFICIAL no. 626 626 of 20 July 2006. (3) The lands assigned according to par. (2) will not be able to exceed, cumulatively, the area owned by the church fund in the county where the protoieria, monastery, hermitage, parish or filia that submits application for reconstitution was constituted. ... ------------ Alin. ((3) of art. 29 29 has been amended by section 16 16 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 43 43 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. (3 ^ 1) The structures of worship provided in par. (2), which had in use or in endowment land with forest destination, according to the provisions of Law no. 61/1937 for the endowment of some Orthodox monasteries in the country with stretches of forests and other lands, published in the Official Gazette, no. 66 66 of 20 March 1937, as amended by Decree-Law no. 47/1938, published in the Official Gazette no. 74 of March 30, 1938, with subsequent amendments and completions, acquire in the property those surfaces *). ------------ Alin. (3 ^ 1) of art. 29 29 has been amended by section 1 1 of art. I of LAW no. 261 261 of 4 November 2008 , published in MONITORUL OFFICIAL no. 757 757 of 10 November 2008. (3 ^ 2) Forest land in the category of those provided in par. (3 ^ 1), which were the object of the establishment or reconstitution of the property right in favor of the respective cult structure or other structures of the same cult in the respective county. forest that belonged to the Romanian Academy is made by the land merging by the National Forest Regia-Romsilva, at the request of the Romanian Academy, if the old sites of the former owners do not affect, and in compliance with provisions Law no. 752/2001 on the organization and functioning of the Romanian Academy, with subsequent amendments and completions Alin. (3 ^ 2) of art. 29 29 has been amended by section 1 1 of art. I of LAW no. 261 261 of 4 November 2008 , published in MONITORUL OFFICIAL no. 757 757 of 10 November 2008. (3 ^ 3) If the areas covered by endowment or use have been legally assigned to other natural or legal persons, the structures of worship provided in par. (3 ^ 1) will be offered forest land areas on other sites, with the possibility of merging, on request, these surfaces, after the process of reconstitution of the property right will be completed. Alin. (3 ^ 3) of art. 29 29 has been introduced by section 2 2 of art. I of LAW no. 261 261 of 4 November 2008 , published in MONITORUL OFFICIAL no. 757 757 of 10 November 2008. (4) The communes, towns and municipalities, which owned land with forest vegetation, forests, zavoaie, tufarises, meadows and wooded pastures, reacquire, on request, their property, within the limits of probate with the documents certifying areas required under conditions art. 9 9 para. ((3) of the Land Fund Law no. 18/1991 , republished. ... (5) In the case of requests made by the local councils, the acts of reconstitution of the property right and the issuance of the title shall be made in the name of the commune, city or municipality, as legal persons, and the title will be handed over the mayor. ... + Article 29 ^ 1 (1) For cases in which a natural or legal person requests with documents the reconstitution of the property right on the old site, for an agricultural land area on which currently the forest vegetation is located. in the national forest fund, will be granted, on request, agricultural land or forest. ... (2) In situations where a natural or legal person requests with supporting documents the reconstruction of the right of property on the old site, for an area of forest land that is currently land with agricultural destination, it will be granted, on request, forest or agricultural land. ... (3) In situations where the surfaces referred to in par. (1) and (2) are insufficient compensation will be awarded, under the law. ... ---------- Alin. ((4) of art. 29 ^ 1 was repealed by section 1. 34 34 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. ------------ Article 29 ^ 1 has been amended by section 1. 18 18 of art. I of LAW no. 400 400 of 17 June 2002 , published in MONITORUL OFFICIAL no. 492 492 of 9 July 2002, amending section 44 44 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Chapter IV Final and transitional provisions Final and transitional provisions + Article 30 Application of provisions Law of Land Fund no. 18/1991 ,, as amended by Law no. 169/1997 , as well as the present law, Romanian citizens have the same rights, regardless of whether on the date of registration of the application they were domiciled in the ---------- Article 30 has been amended by section 6.6. 35 35 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 31 (1) Construction on forest land that is retroceded by the effect of this law and which were part of the logging on the date of passage into state property shall be returned to the former owners or, as the case may be, to the heirs to them. ... (2) If such immovable property no longer exists, compensation will be awarded. ... ------------- Alin. ((3) of art. 31 31 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 602 602 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------- Alin. ((4) of art. 31 31 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 602 602 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. (5) The goods referred to in par. (3) pass into private property with the obligation to keep their destination, their operation and maintenance being carried out by the forest detour that ensures the administration of the forest. ... (6) If the persons to whom the property is reconstituted do not meet the condition provided in par. (4) the reconstitution of the property right is made on other sites, established with the consent of the owners. ... ------------- Alin. ((7) of art. 31 31 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 602 602 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------- Alin. ((8) of art. 31 31 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 602 602 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------- Alin. ((9) of art. 31 31 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 602 602 of 20 May 2008 , published in MONITORUL OFFICIAL no. 533 533 of 15 July 2008. ------------- Article 31 has been amended by section 6.6. 36 36 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. -------------- + Article 32 (1) Individuals and legal entities, provided for in art. 10 of the Land Fund Law no. 18/1991 , republished, have the obligation to file the affidavit in relation to land areas assigned according to the law or, respectively, actually held, pursuant to the same article, within 6 months from the date of entry into force of this law. ... (2) Provisions art. 110 of the Land Fund Law no. 18/1991 , republished, remain applicable. ... + Article 33 (1) I can ask for the reconstitution of the property right and the former owners who have been rejected their applications or have their property certificates changed or cancelled, the minutes of possession or property titles, by disregard provisions art. III of Law no. 169/1997 ... . Applications for reconstitution of the property right shall be deemed to be filed within even if they have been filed with commissions other than those competent according to the law; these commissions shall send the requests, ex officio, to the competent committees, notifying about this and entitled persons. Natural persons and legal persons who did not submit within the time limits provided by Law no. 169/1997 and the present law requests for the reconstitution of the right of property or, as the case may be, the supporting documents may make such requests until November 30, 2005 inclusive. 26 26 para. ((1) of the law, which are pending, the request may be made by the ad hoc initiative committee. ----------- Alin. ((1) of art. 33 33 has been amended by art. I of EMERGENCY ORDINANCE no. 127 127 of 15 September 2005 , published in MONITORUL OFFICIAL no. 851 851 of 21 September 2005. (2) In the event that after the submission of reconstitution applications were administered samples attesting to other lands belonging to the applicants in the property, they shall be returned to them on the old sites, if they are free. ... ------------ Article 33 has been amended by section 6.6. 37 37 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 34 Land without construction not affected by investment works approved according to the law or with works that have been damaged, destroyed and no longer present any use value, taken in any way, including as a donation, considered public or private property of the state or administrative-territorial units 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. + Article 35 (1) Forest occoals and current holders shall be responsible for the protection and protection of forest vegetation on the land requested by the former owners and after the possession, until the formation of the own security or administration structures or until the conclusion of management and security contracts with a forest detour, but not later than 180 days after the date of the possession. ... ---------- Alin. ((1) art. 35 35 has been amended by section 3 3 of the single article of LAW no. 38 38 of 1 March 2006 , published in MONITORUL OFFICIAL no. 206 206 of 6 March 2006. (2) The travelor of the expenses related to these services, for the time period provided in par. (1), shall be borne from the state budget. ... ---------- Article 35 has been amended by art. 17 of EMERGENCY ORDINANCE no. 139 139 of 5 October 2005 , published in MONITORUL OFFICIAL no. 939 939 of 20 October 2005. + Article 36 Individuals who have been established ownership by impropriety, by application Law no. 187/1945 for the implementation of the agrarian reform, but which were not actually awarded the land to which they were entitled or to which the award was annulled, to persons entitled to impropriety, entered in the nominal tables, as well as to persons who prove with papers from the military archives of the Ministry of Defense that they fought on the front and that they met the conditions provided by Law no. 187/1945 to be impropriety will be granted the respective land, agricultural and forestry, within the limits of available areas, or compensation. ----------- Article 36 was amended by the single article of LAW no. 212 212 of 24 October 2008 , published in MONITORUL OFFICIAL no. 737 737 of 30 October 2008. + Article 37 Natural persons whose land has entered the composition of former agricultural production cooperatives and, as a result of the mergers, have not been reconstituted their ownership under the conditions Law of Land Fund no. 18/1991 , are reconstituted the right of property under the conditions of this law, on the old sites, within the perimeter of the companies with state capital, if they were not awarded in accordance with art. 2 2 para. ((1) of this Law. ---------- Article 37 has been amended by section 6.6. 40 40 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 38 Commissions provided for in art. 6 6 para. (1) it is forbidden to reconstruct the ownership of agricultural and forestry land by transferring them from one administrative-territorial unit to another. ----------- Article 38 has been amended by section 6.6. 47 47 of art. I of EMERGENCY ORDINANCE no. 102 102 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Article 40 For the areas on which the wood mass was exploited during the period between the validation of the requests for restitution and the possession of the owners, the National Forest Regia-Romsilva will grant them the benefit achieved, after the deduction operating expenses, and will bear the costs of afforestation of non-renewable surfaces. ---------- Article 40 has been amended by section 6.6. 42 42 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 41 The Government will amend and complete, within 30 days from the date of entry into force of this Law, the regulation approved by Government Decision no. 131/1991 , republished. + Article 42 Claims or actions in the judiciary, accessory requests and incidents, as well as the intabulation of title deeds resulting from the application Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions and the present law are exempt from stamp duty and judicial stamp duty. ------------- Article 42 has been introduced by item 43 43 of art. I, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. Art. III Natural persons and legal entities may make requests for reconstitution of the property right for surface differences that can be returned according to this law, until November 30, 2005 inclusive. ----------- Art. III, Title VI of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 of 22 July 2005 was amended by art. II of EMERGENCY ORDINANCE no. 127 127 of 15 September 2005 , published in MONITORUL OFFICIAL no. 851 851 of 21 September 2005. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 9 December 1999, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI IOAN CHILIMAN p. SENATE PRESIDENT, ULM NICOLAE SPINEANU -----------
