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Law No. 407 Of 29 December 2005 Prior Measures Of Rehabilitation And Expansion Works Of Public Railway Infrastructure

Original Language Title:  LEGE nr. 407 din 29 decembrie 2005 privind unele măsuri prealabile lucrărilor de reabilitare şi extindere a infrastructurii feroviare publice

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LEGE no. 407 407 of 29 December 2005 on certain measures prior to the rehabilitation and extension of public railway infrastructure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 8 8 of 5 January 2006



The Romanian Parliament adopts this law + Article 1 This law establishes the legal framework for taking measures to prepare for the execution of rehabilitation and extension of public railway infrastructure. + Article 2 (1) The present law declares itself of public utility all works of rehabilitation and extension of public railway infrastructure, expropriator being the Romanian state through the National Railway Company "C.F.R." -S.A., hereinafter referred to as C.F.R., under the authority of the Ministry of Transport, Construction and Tourism. (2) For the purposes of this law, through rehabilitation and extension works of public railway infrastructure are understood: construction, development, modernization, repair or, as the case may be, extension of elements of public railway infrastructure. ((3) The elements composing the public railway infrastructure are provided for in art. 11 of Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished, approved and modified by Law no. 89/1999 . + Article 3 The expropriator prepares a technical-economic documentation in accordance with the provisions Law of cadastre and real estate advertising no. 7/1996 , with subsequent amendments and completions, for each work. The technical-economic documentation will also include data on the classification of the work in the urban planning and landscaping plans, cadastral documentation containing the site of the work, delimitation of the surfaces and constructions proposed to expropriation, with the highlighting of the surfaces and constructions resulting from the expropriation and with the indication of the names of the owners, established by persons authorized in the preparation of cadastral documentation, as well as of the offers of compensation on categories of buildings, established by persons authorised in the assessment. The cadastral documentation of the work is aimed at the cadastre and real estate advertising office or the National Cadastre and Real Estate Advertising Agency, as the case may be. + Article 4 (1) Based on the technical-economic documentation provided in art. 3 The Government approves by decision the site of the work, the triggering of the procedure for expropriation of buildings contained in the site, the estimated global amount of compensation, the term in which it turns into an open bank account in the name the expropriator and source of funding. (2) The overall amount of compensation may not be less than the total amount of the indemnity offers, determined by a person authorized in the assessment, and shall be made available to the expropriator no later than 30 days after the date of entry into force of the the Government decision provided in par. ((1). (3) If, as a result of the completion of the technical project or details of execution, the site of the work changes, the expropriator will proceed to regularize the identification data of the buildings subject to expropriation, in compliance with regulations in force. (4) Supplement to the amount provided in par. (2) can be made by Government decision, at the reasoned request of the expropriator. + Article 5 Within 15 days from the publication of the Government's decision provided in art. 4 4 para. (1), the expropriator shall start the following actions: a) will submit to the local council of the commune, the city or municipality on whose territory are located the buildings to be expropriated the plans including the land and constructions proposed for expropriation, with the indication of the name owners, as well as offers for compensation, for consultation by those concerned; b) notifies natural or legal persons of real rights the proposals for expropriation, together with the offers of compensation, and will fix the date of negotiation within a maximum of 30 days from the date of notification. + Article 6 (1) Within 5 days from the date of entry into force of the Government decision provided for in art. 4 4 para. (1), a commission for the finding of the right of property and any other real and negotiating rights of the amount of compensation shall be constituted, in agreement with the owner or with the holders of other real rights. (2) The Commission for the finding of the right to property and any other real and negotiating rights of the amount of compensation is composed of 3 representatives of the expropriator, plus, in each commune, city or municipality on whose territory are located the buildings to be expropriated, the mayor of the locality and an owner of buildings in that locality, elected according to the provisions art. 15 15 of Law no. 33/1994 on expropriation for the cause of public utility. (3) The Commission for the finding of property right and of any other real and negotiating rights of the amount of compensation, constituted under the terms of this law, shall meet within a maximum of 30 days from the establishment and shall analyze the documents submitted by natural or legal persons representing the owners and holders of other real rights. (4) The offer of the expropriator, the claims of the owners and the holders of other real rights, as well as their claims will be made and submitted in writing, recording in a minutes. (5) The Commission for the finding of the right of property and of any other real and negotiating rights of the amount of compensation shall record in the minutes, if any, and the agreement between the parties, under their signature. In the minutes will be recorded the names of natural or legal persons representing the owners and holders of other real rights who do not accept the offer of the expropriator and those who did not appear at the commission of finding the right of property and any other real rights and negotiation of the amount of compensation. + Article 7 Within 5 days, but no later than 15 days from the date of the meeting of the commission for the finding of ownership and any other real rights and negotiation of the amount of compensation, for all cases in which it was recorded in the minutes the agreement of the parties, which is signed by both parties, the expropriator makes the payment of compensation for the expropriated buildings, in any way agreed between the parties. + Article 8 For all cases in which, following the meeting of the commission for the finding of property right and any other real rights and the negotiation of the amount of compensation, no agreement was reached between the parties on the amount of compensation and for cases where notified persons have not presented themselves for negotiation, the expropriator addresses the courts, according to the provisions Law no. 33/1994 . The judgment of the cases that have as object the expropriations started under this law is mainly made, and the deadlines established in the course of the judgment, by the courts invested, cannot be more than 7 days. + Article 9 (1) If, within 60 days from the notification, the owners of the buildings to be expropriated under the present law have not obtained the documents certifying the right of property and the other real rights, by way of derogation from provisions Law no. 7/1996 the expropriator will also act on behalf of the owners or entitled persons, in order to obtain the documents certifying the ownership. (2) For the situations referred to in par. (1), after obtaining the documents certifying the ownership of immovable property to be expropriated for the cause of public utility, the procedure for determining the amount of compensation and expropriation is carried out according to provisions of this law + Article 10 (1) After receiving the notification and until the completion of the expropriation, any act of transmission of real rights related to the property subject to expropriation to another person than the expropriator is hit by absolute nullity, regardless of the form of property, public or private, of the old owner. (2) After the receipt of the notification by the owner to be expropriated, any construction in progress on that land must cease, if the expropriator does not give his consent to the continuation of the explicit construction, in writing. If the construction is carried out by a person other than the owner, he must notify the expropriator on the occasion of receipt of the notification, but no later than the date set for the negotiations on the amount of compensation and, at the expense of the expropriator, immediately notify the builder. The builder, when he is not the owner of the property subject to expropriation, is entitled to depest by the expropriator for the damage suffered, on the way of a distinct action and which does not affect the transfer of the property Failure to comply with these provisions shall be the culpable one of the right to be disaffected for the expenses incurred for the continuation of the construction, and the demolition of that part shall be made at its expense, responding also for any damage caused by delays or any such other problems arising from this. + Article 11 (1) The building permit for works, in all cases, shall be issued immediately, according to art. 7 7 para. ((16) of Law no. 50/1991 on the authorization of the execution of construction works, republished, as amended. (2) On expropriated land it is forbidden to start or continue construction and installations, with or without authorization, by expropriated. + Article 12 (1) The final or temporary occupation of agricultural or forestry land, necessary for rehabilitation or extension of public railway infrastructure, shall be exempted from the payment of the taxes provided for in art. 92 92 para. ((4) of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, respectively of taxes and other amounts due according to art. 55 55, 56 and 58 of Law no. 26/1996 -Forest Code, with subsequent amendments and completions, and art. 24 24 para. (2) of Government Ordinance no. 96/1998 on the regulation of the forestry regime and administration of the national forest fund, republished, with subsequent amendments and completions. (2) Amounts equivalent to the loss of growth of the tree, if the land is covered with forest, the expenses of installation of forest vegetation and its maintenance until the realization of the massive state, of the compensation due for the land permanently removed from the forest fund, the value of the decommissioned objectives, as well as the amounts equivalent to guarantees and rents due for temporary removal from the agricultural or forestry circuit, as the case may be, shall be ensured from the state budget, through the budget of the Ministry of Transport, Construction and Tourism. (3) Defrisation of forest vegetation of land provided in par. ((1) is permitted, by way of derogation from the provisions Law no. 570/2003 on the prohibition of the exploitation of wood from the national forest fund and outside it, for a period of 3 years, in the counties of Braila, Calarasi, Constanta, Dolj, Galati, Giurgiu, Ialomita, Olt, Tulcea and Teleorman, and in the case of land forest in the counties that are subject Law no. 570/2003 . + Article 13 The transfer of buildings from private property to the public property of the state and in the administration of the expropriator operates by right on the date of payment of compensation for + Article 14 The secretaries of the administrative-territorial units in which the buildings to be subject to expropriation are located, as well as the public notaries are obliged to communicate, within 5 days from the expropriator's request, the information on the opening of the proceedings. + Article 15 (1) The services regarding the approval and registration of the cadastral-legal documentation are exempt from the payment of the taxes, and the fees related to the intabulation procedure for the land necessary to carry out the rehabilitation and extension works Public rail infrastructure is exempt from payment. (2) The fees for notary activities and activities carried out by the expropriator when subroting in the rights of the owner are not exempt from payment. The latter amounts will be deducted from the compensation granted, without being able to exceed the total amount of compensation. + Article 16 The provisions of this Law shall be duly completed with the provisions Law no. 33/1994 , as well as those of the Civil Code and the Code of Civil Procedure, insofar as they do not provide otherwise. + Article 17 Within 30 days of the entry into force of this law, the Ministry of Transport, Construction and Tourism will develop and submit to the Government for approval the methodological norms for the application of this law. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, LUCIAN AUGUSTIN BOLCAS SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 29, 2005. No. 407. __________