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Law No. 400 June 17, 2002

Original Language Title:  LEGE nr. 400 din 17 iunie 2002

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LEGE no. 400 400 of 17 June 2002 for approval Government Emergency Ordinance no. 102/2001 amending and supplementing Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , as well as modification and completion Law no. 18/1991 ,, republished
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 492 492 of 9 July 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 102 102 of 27 June 2001 amending and supplementing Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , as well as modification and completion Law no. 18/1991 , republished, published in the Official Gazette of Romania, Part I, no. 350 of 29 June 2001, with the following amendments and additions: 1. In Article I, point 2, paragraphs 2 and 3 of Article 3 shall read as follows: "" (2) Reconstitution of the right of property for natural persons referred to in art. 9 9 para. ((1) of the Land Fund Law no. 18/1991 , republished, as amended, is made for the difference between the area received by the family and that brought into the agricultural cooperative of production or taken over in any way by this, but not more than 50 ha of dispossessed owner. (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. " 2. In Article I, point 4, Article 4 ^ 1 shall read as follows: "" Art. 4 4 ^ 1. -For the land of the dispossessed owners, individuals, 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. " 3. In Article I, paragraph 7, paragraph (1 ^ 1) of Article 6 shall read as follows: "" (1 ^ 1) When reconstitution of the property right for forest land is admitted only the evidence with documents: property deeds, land register, cadastre, applications for registration in agricultural cooperative production, agricultural register, records the agricultural production cooperative, the forestry and pastoral arrangements, as well as other documents, with the definite date of that period. " 4. In Article I, paragraph 9, paragraphs 1 and 4 of Article 6 ^ 1 shall read as follows: "" Art. 6 6 ^ 1. -(1) In a situation where certain surfaces are claimed by 2 applicants, one of whom is the owner dispossessed by the abusive measures applied during the years 1945-1959, and the second is the person who was impropriety with land taken from the former owner, land that was taken over in any way cooperative or state, will be restored in the nature of both applicants, within the limits of existing land resources. .......................................................... (4) Application of para. ((1)-(3) may not affect the rights acquired under the conditions of art. 2 2 para. ((2). ' 5. In Article I, paragraph 20, paragraph 1 of Article 15 shall read as follows: "" Art. 15. -(1) Natural persons referred to in art. 37 37-39 of Law no. 18/1991 , republished, as amended, shall be reconstituted the right of property for agricultural land and for the difference between the area received and that had in the property, but not more than 50 ha of dispossessed owner. " 6. In Article I, point 24, Article 19 shall read as follows: "" Art. 19. -If on the land areas that are subject to the reconstruction of the ownership under the conditions of this law are functional investments, the value of these investments left unamortized shall be recovered from the new owners in a maximum period of 10 years. ' 7. In Article I, point 28, Article 22 ^ 1 shall read as follows: "" Art. 22 22 ^ 1. -The state property areas consisting of the land realized on the basis of the indiguirs, desecations and other works of land improvement, from the land of the state farms existing on the date of entry into force of Law no. 187/1945 for the achievement of the agrarian reform, from those taken from the Fields of the Crown 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. " 8. In Article I, paragraph 30, paragraph 1 ^ 1 of Article 23 shall read as follows: " (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 this law 9. In Article I, paragraph 31, paragraph 4 of Article 23 shall read as follows: " (4) Pre-university education units with agricultural or forestry profile, which have not owned agricultural land, are assigned, in use, agricultural land areas up to 50 ha, if such land exists in reserve of agricultural land. local. " 10. Article I, paragraph 36 shall be repealed. 11. In Article I, paragraph 37 is inserted after point 37 ^ 1 with the following contents: "" 37 ^ 1. Paragraph 1 of Article 26 shall read as follows: Article 26. -(1) Fosts members of associative forms of ownership of land with forest vegetation, composesorate, obsti de mosneni in devalmasie, obsti undivided razesesti, graniceresti forests, communal forests from graniceresti forests and other associative forms assimilated to them, as well as to their heirs, who have made requests to reconstruct the right of ownership on the basis of art. 46 of the Land Fund Law no. 18/1991 , republished, will be issued a single title, with the mention < > >: < > >, < > >, < > >, < > >, other associations and the name of that locality. " 12. In Article I, paragraph 39, paragraph 2 ^ 3 of Article 26 shall read as follows: "" (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). ' 13. in Article I, paragraph 39 is inserted after point 39 ^ 1 with the following contents: "" 39 ^ 1. After paragraph 2 ^ 3 of Article 26, paragraph 2 ^ 4 is inserted as follows: ((2 ^ 4) The return of the communal forests from graniceresti forests will be carried out in equal shares to the associative forms of former border guards and communes, within the administrative-territorial units on which the respective forests are located. " 14. In Article I, paragraph 41, Article 27 shall read as follows: "" Art. 27. -Administration and management of forest land awarded under the conditions of this law shall be made in forestry, according to the law. " 15. In Article I, paragraph 42, paragraphs 1, 2, 8 and 9 of Article 28 shall read as follows: "" Art. 28. -(1) In order to administer and manage the forest land provided in art. 26, members of associative forms of type composesorat, obsti de mosneni, obsti de razesi, graniceresti forests and others or their heirs will be constituted in an association authorized by the court, according to the law. ((2) Within 45 days from the date of validation by the commission, under the conditions of this law, the requests of former composers, mosneni, razesi or, as the case may be, of their heirs, a committee elected by the assembly of members of the associative form or Their heirs with a simple majority will request the territorial competent court, based on the certification of the ownership or inheritance by the local commissions, the authorization of associative forms. ............................................................ (8) Members of associative forms may not instruct their own shares-parts of persons outside them. (9) Within the localities where associative forms are reconstituted, after determining the total area due to them, the unassigned land remains state property and can be put into use by the local council up to the limit of 200 ha. " 16. In Article I, paragraph 43, paragraphs 2 and 3 of Article 29 shall read as follows: " (2) The diocesan centers, the deaneries, the monasteries, the hermitages, the parishes, the filies, constituted until the date of entry into force of this law, acquire, by reconstitution, surfaces up to the limit of 30 ha from the church fund of the cult to which they belong, recognized by the law, if it had forest land in the property. (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 deanery, monastery, hermitage, parish or filia that submits application for reconstitution was constituted. " 17. in Article I, point 43 (1) is inserted after point 43: "" 43 ^ 1. After paragraph 3 of Article 29, paragraph 3 (1) is inserted as follows: (3 ^ 1) The structures of worship provided in par. ((2), which have had in use or in the endowment of land with forest destination, acquire in property areas up to the limit of 30 ha of the forests they had in administration or in endowment. " 18. In Article I, paragraph 44, Article 29 ^ 1 shall read as follows: "" Art. 29 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 the forest vegetation is currently located contained 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. (4) It is exempted from the reconstitution of the property right under the conditions of par. ((1) and (2) forests established within the framework of the breeding grounds. " 19. Article I (45) shall be repealed. 20. In Article I, paragraph 48 shall read as follows: "" 48. Article 39 will read as follows: Article 39. -(1) Provisions of art. 26-28 shall also apply in the case of pastures and meadows belonging to the associative forms which have owned such land. (2) The areas of pasture and hay returned to the associative forms shall be composed of the individual share of the members associated within a county, but not more than 10 ha of each holder dispossessed. " 21. In Article II, point 2, Article 109 shall read as follows: "" Art. 109. -(1) The fitness of the individual who is a member of the local or county commission for the application of this law to prevent in any way or to unduly delay the reconstitution or constitution, as the case may be, of the right of property or the release of the title to the entitled persons, as well as the unjustified release of the title of property or on the basis of testimony which he was aware of as false constitutes abuse of office and is punishable by prison from 1 to 5 years. (2) The Prefect, in his capacity as representative of the Government and chairman of the county commission, will decide to sanction mayors who in the exercise of their mandate delay or unjustifiably block the application of the law, going as far as suspending them from office. " 22. Article III shall read as follows: "" Art. III. -Within 45 days from the date of entry into force of the law approving this emergency ordinance, the Government decision will regulate the amendments and completions of the Regulation on the establishment procedure, 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. " 23. Article IV shall be repealed. + Article 2 Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , as amended and with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the paragraphs and articles a new numbering. This law was adopted by the Senate at the meeting of 18 April 2002, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of May 9, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC -----------