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Law No. 106 Of 9 May 2008 On Expropriation For Public Utility Land Required For Mining Exploitation Of Lignite Deposits

Original Language Title:  LEGE nr. 106 din 9 mai 2008 privind exproprierea pentru cauză de utilitate publică a terenurilor necesare lucrărilor miniere pentru exploatarea zăcămintelor de lignit

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LEGE no. 106 106 of 9 May 2008 on the expropriation for the public utility of land necessary for mining works for the exploitation of lignite deposits
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 369 369 of 14 May 2008



The Romanian Parliament adopts this law + Article 1 This law establishes the legal framework for the regulation of measures in order to ensure the land necessary to conduct mining works for the exploitation of lignite deposits. + Article 2 (1) For the purposes of this Law, the mining works for the exploitation of lignite deposits, which are executed on the basis of an exploitation license, shall be declared by the public utility. (2) For the purposes of this Law, mining works for the exploitation of lignite deposits are understood as a whole of works on exploitation, marketing of mining products, preservation and closure of mines, including related works, restoration and rehabilitation of the environment, as well as the works for the preparation of access roads, bridges, special hydrotechnical constructions and other facilities necessary for the protection of the deposit. + Article 3 (1) For works declared by public utility under the conditions of art. 2 2 para. (1), expropriator is the Romanian state, through the holders of exploitation licenses, economic operators. (2) Expropriated furniture shall enter into the public property of the State. + Article 4 (1) The holder of the exploitation license has the obligation to draw up the technical-economic documentation for each mining work that meets the conditions provided in art. 2 2 para. ((1), in accordance with the provisions Law of cadastre and real estate advertising no. 7/1996 , republished. (2) The technical-economic documentation provided in par. ((1) contains the data on mineral resources and reserves obtained from mining works, geological background, data and information on the operating perimeter, as well as the situation plans with the site of the mining works, which contain delimitation of land areas and constructions proposed for expropriation, with the indication of the names of owners and offers of compensation by category of buildings, established by persons authorized in the evaluation. (3) The situation plans with the location of the mining works and the buildings to be expropriated are aimed for the unchanged by the National Agency for Cadastre and Real Estate Advertising. + Article 5 (1) The triggering of the procedure for expropriation of the buildings on which the mining work is to be executed and the overall amount assessed of the compensation are approved by Government decision, based on the technical-economic documentation provided in art. 4 4 para. ((2). (2) The plan with the site of the work, prepared according to art. 4 4 para. (2) on each administrative territory, shall be brought to public knowledge, by display at the headquarters of the local council of the commune, the city or municipality on whose territory the buildings that are subject to approval for expropriation are located, and will remain displayed until the compensation procedure is completed. (3) Within 30 days from the entry into force of the Government's decision on the approval of the triggering of the expropriation procedure provided in par. (1), the holders of the operating licences shall notify the natural or legal persons of real rights to the procedure and the offer of compensation. + Article 6 (1) Apart from the compensation granted, the holder of the exploitation license, if he triggered the procedure for expropriation of the buildings on which mining works are to be carried out, has the obligation to organize, at his own expense, village vetre with utilities necessary to conduct living in the newly established community, at the request of the local public administration authority. (2) At the same time, the holder of the exploitation license will ensure the full reconstruction, on new sites, acquired under the conditions established by the civil law, by objectives to replace those affected by the mining works-schools, churches, cemeteries, water supply, gas, street lighting. (3) The holder of the exploitation license will transfer, free of charge, to the local public administration authorities the buildings and public utilities made on the new sites, provided in par. (2), under the law. + Article 7 (1) The works provided in art. 6 6 para. ((1) and (2) will be carried out until the date of commencement of actual expropriation works. (2) If the works will not be carried out until the date provided in par. (1), the expropriation procedure cannot be started. + Article 8 (1) Payment of compensation for buildings to be expropriated under the provisions of art. 5 5 para. (1) shall be made directly to the holders of the real rights, in cash or by recording the amounts in a bank account at their disposal. ((2) The proof of the right of property and of the other real rights to the buildings to be expropriated shall be made by means of proof accepted by law, depending on the method of acquiring the rights-conventional, judicial, legal, inheritance, understanding by acquiring and constituting or reconstructing the right of property under special laws. (3) If the compensation relating to the same building is required in the contest or in contradiction by several entitled persons, the compensation will be recorded in the name of all, to be divided according to the civil law. The compensation will be issued only to rightholders proven by final and irrevocable judgments. (4) If the buildings to be expropriated are the subject of a succession, and the successors are not known or cannot present a certificate of heir, if the succession procedure is opened, the compensation will be recorded on account of succession. If the succession procedure is not open, a representative of the holder of the operating licence will request information on the opening of the succession and the amount representing the compensation will be recorded in a separate account, on account of the succession. Compensation will only be paid to successors who will prove their quality with the certificate of heir. (5) 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 request of the holder of the exploitation license, the information on the opening of the succession procedure. (6) After the expiry of the legal term of acceptance of the succession, the holder of the operating licence shall have the right to request the issuance of the succession certificate, except for the tacit acceptance of the succession. (7) In the case of other contentious situations than those provided in par. (4)-(6), the amounts related to expropriation shall be recorded in the name of the persons in dispute, to be paid under the conditions of this law. + Article 9 (1) Within 5 days from the date of entry into force of the Government decision provided for in art. 5 5 para. ((1), pursuant to which the notification of the holder of the operating licence has been transmitted, the commission for the verification of the right of property and any other real and negotiating rights of the amount of the compensation shall be designated. (. The Commission referred to in paragraph 1 (1) will consist of: 3 specialists appointed by the holder of the exploitation license, 3 owners whose buildings are proposed for expropriation, from the locality where the buildings proposed for expropriation are located, chosen by lot from a list of at least 25 owners, as well as the mayor of the locality. The commission's management will be designated by the licence holder. (. The Commission referred to in paragraph 1 ((1) establishes the amount of compensation by negotiation with the owners of natural or legal persons or with the holders of other real rights. (4) At the request of the commission, the notified persons are required to complete the documentation submitted on the status of holder of the real right for which they claim the compensation, within 15 days. Otherwise, the commission will record the compensation on behalf of the expropriate, but the payment will be made only on the date on which the expropriation will prove its right under the conditions of this law. + Article 10 Decision of the commission on the amount of compensation, established under the conditions laid down in 9, shall be communicated to the expropriate and shall be displayed, in the extract, at the headquarters of the local council within which the building to be expropriated is located, as well as at the headquarters of the holder of the exploitation license. + Article 11 Within a maximum of 15 days from the date of meeting the commission provided for in art. 9 9 para. (1), for all cases in which the agreement of the parties was recorded in the minutes, which is signed by both parties, the expropriator shall make the payment of compensation for the buildings to be expropriated, in any manner agreed by the parties. + Article 12 (1) For all cases in which, following the meeting of the commission provided for in art. 9 9 para. (1), no agreement was reached between the parties on the amount of compensation and for cases in which the notified persons did not appear for negotiation, the expropriator addresses the courts, according to the provisions Law no. 33/1994 on expropriation for the cause of public utility. (2) The judgment of the cases that have as object the expropriations started under this law shall be made in particular, and the deadlines set in the course of the judgment by the vested courts may not be more than 7 days. + Article 13 (1) Applications to the court for the establishment, in contradiction with the Romanian state, of the right to compensation for expropriation and its amount are exempt from the judicial stamp duty. (2) Provisions of para. (1) are not applicable to disputes having as their object the establishment of the right of property or of another right on buildings subject to expropriation. + Article 14 Legal acts ending after the date of communication of the commission decision provided for in art. 9 9 para. (1) or after the date of recording the amounts established as compensation, for the establishment or transfer of real rights having as object the buildings affected by expropriation, are hit by absolute nullity. + Article 15 (1) For the final removal from the national forest fund of the land necessary for the mining works, the calculation of the money obligations due shall be made in accordance with the methodology set out in the Annex which is an integral (2) The final removal from the national forest fund of the public property land of the state is made only by compensation with land capable of being forested, equivalent as a surface and creditworthiness and bordering on the national forest fund. (3) The land offered in compensation shall be registered in the record of land with forest destination public property of the state, managed by the National Forest Regia Romsilva, shall be registered in the forestry facilities and subject to the forestry regime. (4) Payment of the costs of installation of forest vegetation and its maintenance until the realization of the massive state, by the license holder, beneficiary of the final removal from the forest fund of the land provided for para. ((2), the issuing of approval shall be anticipated. The value of the expenses of installation of forest vegetation and its maintenance until the realization of the state of massive flows to the Forest Conservation and Regeneration Fund, constituted at the National Forest Regia-Romsilva. (5) The expenses provided in par. (4) will have the character of operating expenses. By exception to the provisions of par. (4), depending on the financial possibilities of the license holder, the respective expenses may be borne, partially, staggered, on a graphic basis, for a period of 1-5 years, by highlighting them in the account "expenses recorded in advance". + Article 16 The transfer of the right of ownership operates by right on the date of payment of the compensation established by the final decision of the commission 9 9 para. ((1) or, as the case may be, by irrevocable court decision. + Article 17 ((1) The assets acquired under the terms of this law are included in the investment programs of the operating license holder and will be borne from their own sources or attracted from the capital market. (2) Upon removal from the bookkeeping of the value of the buildings provided in par. (1), the acquisition costs are tax deductible. ((3) The assets acquired under the terms of this law by the holder of the operating license shall be recorded in the bookkeeping at the acquisition value, as a tangible asset that does not depreciate. + Article 18 Services regarding the approval and registration of cadastral documentation, the fees related to the intabulation procedure for the land necessary to carry out the mining works, due to the state budget or local budgets for the implementation of the expropriation, are exempt from payment. + Article 19 The provisions of this Law shall be supplemented Law no. 33/1994 on expropriation for the cause of public utility, of Mine Law no. 85/2003 , with subsequent amendments and completions, of the Civil Code, as well as those of the Code of Civil Procedure, insofar as they do not provide otherwise. + Article 20 Within 30 days from the date of entry into force of this Law, the Ministry of Economy and Finance and the Agency for the Valorisation of State Assets shall develop the methodological norms for its implementation, which shall be approved by decision of Government. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 9, 2008. No. 106. + Annex METHODOLOGY calculation of the money obligations to be paid for final removal from the forest fund of property land private or public required mining works for the exploitation of lignite deposits 1. Fee for final removal of land from the national forest fund: Tx = S x VEXP x PML x Tp, in which: S represent the land area permanently removed from the national forest fund, expressed in hectares, by four decimal places; VEXP represents the volume of wood mass reaching the age of exploitation expressed in mc/ha as set out in Annex no. 1 1 which is an integral part of this methodology and determined by the main basic species corresponding to the conditions of the station and its production class; PML represents the average price of one cubic meter of wood mass per foot, expressed in lei/mc, established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price, corrected by the coefficient set out in Annex no. 2 which is an integral part of the present methodology, related to the main basic species corresponding to the stationary conditions; Tp represents the percentage fee established according to the provisions of Annex no 2 2 to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions. If the beneficiary provides land in compensation equivalent as area and creditworthiness, Tp=1. In the case of permanent occupation of land from the national forest fund that have, according to the provisions of forest facilities, other category of use than forest, the main basic species and its production class will be established in Depending on the main species of the natural type of forest, the type of forest resort. In the case of the final occupation of land from the national forest fund that are registered in the forestry facilities as unproductive, it will be considered as the main basic species, depending on the phytooclimatic floor in which the land is located, one of the following species in the 5th grade of production and having the consistency of the shaft of 0.4: a) birch-in the mountain forest floor (FM1-FM3); b) carpen-in the hilly forest floor (FD1-FD4); c) willow-in the forest floor of plain, silvostepa and steppe (CF, SS). 2. The traveller of land permanently removed from the national forest fund shall be determined by the formula: VT = S x Cr x n x PML x N, in which: VT represents the value of land, expressed in lei; S represent the land area that is definitively removed from the national forest fund, expressed in hectares, by four decimal places; PML represents the average price of one cubic meter of wood mass per foot, expressed in lei/mc, established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price, corrected by the coefficient set out in Annex no. 2, related to the main basic species corresponding to the stationary conditions; N is the coefficient resulting from the summation of the notes set out in Annex no. 3 3 which forms an integral part of this methodology, attributed to the land concerned; Cr represents the average increase in the holding, expressed in mc/ha, related to the main basic species corresponding to the stationary conditions and to its production class, according to Annex no. 4 4 which forms an integral part of this methodology. In the case of land from the national forest fund that have other use than forest or are registered in the forestry facilities as unproductive, the main basic species and its production class will be established according to the provisions contained in lit. A; n represents the number of years required from the establishment of a tree to the harvesting of the first secondary products that can be harnessed. This indicator has the following values: -10 years for fast growing species: willows and poplars; -30 years for the species of cvercée; --20 years for the other species. 3 3. The travail of the loss of growth determined by the exploitation of wood before the age of the exploitability This value shall be calculated by means of the formula: DVML = S x PML x (VEXP-VA) x N1, in which: DVML represents the value of the growth loss, namely the difference between the value of the wood mass reached at the age of the exploitation and the value of the wood mass at the date of occupation of the national forest fund, expressed in lei; S represent the land area that is definitively removed from the national forest fund, expressed in hectares, by four decimal places; PML represents the average price of one cubic meter of wood mass per foot, expressed in lei/mc, established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price, corrected by the coefficient set out in Annex no. 2, related to the main majority species in the composition of the existing tree; VEXP represents the volume of wood mass reaching the age of exploitable, expressed in mc/ha, according to Annex no. 1, for the main majority species in the composition of the existing tree and its corresponding production class; The VA represents the current volume of wood mass, expressed in mc/ha, equal to the volume taken from the forestry arrangement, plus the increase corresponding to the number of years since the date of the arrangement and from which the volume extracted in the same period; N1 is the coefficient equal to the grade given for the criterion referred to in 1 1 of Annex no. 3 (the functional type of the existing tree on the land permanently removed from the forest fund). 4. The value of the objectives (fixed assets) that are disaffected as a result of the removal of land from the national This value is determined as the replacement value of the decommissioned targets (fixed assets), calculated on the basis of deviation and corrected with the degree of depreciation of those objectives. 5. The expenses of installation of the forest vegetation and its maintenance until the realization of the massive state on the land taken in compensation + Annex 1 to the methodology VOLUME wood mass having reached the age of exploitation on production classes for the main forest species *) ____________ Note * *) The volumes are established according to the "Biometrium of trees and stands in Romania", edition 1972, at the age of exploitation, provided in the Technical Rules for the arrangement of forests. These volumes can be revised in case of changes in the age of the farm and the production tables for the stands. No. PRODUCTION CLASSES crt. SPECIA I II III IV V 1. Molid 1.039 859 668 507 350 2. Brad 986 838 672 508 386 3. Silvestru pin 695 531 360 209 96 4. Black pin 553 427 283 190 93 5. Larice 953 796 602 395 252 6. Beech of seed 813 652 492 355 259 7. Mesteacan 352 294 195 141 94 8. Gorun of seed 768 600 453 335 232 9. Gorun from shoots 533 448 343 238 164 10. Oak of seed 875 733 584 447 346 11. Oak from shoots 565 462 375 283 201 12. I ask of seed 516 405 321 255 183 13. Garnitsa of seed 498 418 332 250 193 14. Oak brumariu 334 292 208 113 81 15. Fluffy oak 261 188 141 99 65 16. Carpen of seed 334 291 217 145 108 17. Tei of seed 518 449 356 256 163 18. Acacia from plantations 495 331 192 116 48 19. Acacia from shoots 333 224 128 63 34 20. White and black poplar 529 405 272 155 92 21. Salcie de renis (and plantation) 534 391 295 172 107 22. Willow from shoots 360 289 209 153 73 23. Spear willow 360 289 209 153 73 24. Anin 483 415 325 233 163 25. Plop selected 629 407 310 207 114 + Annex 2 to the methodology BREAKDOWN by species and by species of species the correction coefficient of the average price of one cubic meter of wood on the foot, regularly established by order of the head of central public authority which responds to forestry, to Proposal of the National Forest Regia-Romsilva No. Crt. Species or group of species The coefficient that applies to the average price of one cubic meter of wood mass per foot 1. Resinous 1,20 2. Fag 1,30 3. Cvercée, frasin 1,70 4. Various species countries 1,10 5. Various soft species 1.00 NOTE: PML indicator for species or groups of species listed in column no. 2 2 is determined by multiplying the coefficient in column no. 3 with the average price of one cubic meter of wood mass per foot, established periodically by order of the minister responsible for the field of forestry, taking into account the market price. + Annex 3 to the methodology CRITERIA on the basis of which the coefficient N and N1 are determined, used in the calculation of land value (VT), of the rent (CHA) and of the consideration, respectively loss of growth determined by the exploitation of wood mass before the age of exploits (DVML) No. Crt. Criteria Note given Categories of trees or wooded land by functional types Arborets to which any kind of interventions for the extraction of wood mass or other pro-taken nelemnoase (functional type T I) parks are prohibited national, natural and scientific reserves, monuments of nature. 15 Stands at which it is not permitted or is not possible than the execution of hygiene cuts or special conservation works (functional type T II) 10 1. Stands at which intensive treatments are allowed, such as those of gardening codru or cvasigradinarit (functional type T III) 5 Arborets to which treatments with normal or higher regeneration period are allowed, but with restrictions in execution of cuts (functional type T IV) 3 Arborets with production and protection functions to which there are no restrictions on applied treatments (functional type T V and T VI) 2 Note: for land without forest vegetation, note will be zero Location of land towards localities A. Land in intravilan and up to 2 km from the perimeter boundary buildable-Municipality of Bucharest and spa resorts, climateric or tourist 12-Municipalities of the county 8-Municipii 6-Cities 4-Sate residence of commune 2-Sate 1 B. Land in extravilan 1. Location between 2 and 5 km from the limit of the buildable perimeter-Bucharest Municipality and spa, climatic or tourist resorts 10-Municipalities of the county 6-Municipalities 4-Cities 2-Sate residence of commune 1-Sate 0 2. Between 5 and 10 km from the limit of the built perimeter-Bucharest Municipality and spa, climatic or tourist resorts 9-Municipality of the county 5-Municipii 3-Cities 1-Sate residence of commune 0-Sate 0 3. More than 10 km from the limit of the buildable perimeter-Bucharest Municipality and spa, climatic or tourist resorts 8-Municipalities of the county 4-Municipii 2-Cities 0-Sate of the commune residence 0-Sate 0 Note: compared to the locality of the largest category Location of the land compared to the transport networks A. Road transport (the land is located at a distance of no more than 1 km from the transport path)-Highways and European national roads 3,0-Other National roads 0.8-County roads 0.6-Communal roads 0.4-Forest, industrial and industrial roads Note: Only access to the road of the highest category B. Rail transport is considered (if the land is at a distance of not more than 5 km from the station) 0,5 C. located at a distance of not more than 5 km from the port) 0,5 D. Maritime transport (if the land is at a distance of no more than 5 km from the port) 0.5 Other utilities 0.5 Water-channel networks up to 500 m 0.5 Energy distribution networks electric up to 500 m 0.5 Natural gas distribution networks up to 1000 m 0.5 Share of forest fund area national in the county where the land is located in the total area of the county Up to 10% 2 5. 10-20 10-20% 1,5 20-30% 1,0 30-40% 0,5 over 40% 0 NOTE: -The coefficient N shall be determined as the sum of the marks awarded for the fulfilment of all the criteria mentioned in column no 2. -The N1 coefficient is the grade awarded only for the fulfilment of the criteria of no. crt. 1 1 (categories of stands by functional types). + Annex 4 to the methodology GROWTH annual average of the holding of total arboretum for the main forest species *)
--mc/year/ha-
No. PRODUCTION CLASSES
crt. SPECIA
I II III IV V
1. Molid 13,8 12,2 10,5 8,1 5,7
2. Brad 12,7 10,8 9,4 7,8 5,9
3. Silvestru pine 12,1 9,4 7,4 5,2 3,0
4. Black Pine 10,9 8,6 6,6 4,6 2,8
5. Beech 11,0 9,1 7,6 6,0 4,4
6. Birch 9,4 7,9 6,4 4,8 3,2
7. Gorun of the seed 7,5 7,0 5,5 4,7 3,3
8. Gorun of shoots 8,6 7,2 5,7 4,4 3,1
9. Oak of seed 10,6 8,8 7,6 6,2 4,7
10. Oak from shoots 9,2 7,5 5,9 4,9 3,9
11. Lime 12,7 10,8 9,1 7,2 5,2
12. Heaven 8,8 7,8 6,3 4,9 3,9
13. Garnita 6,8 5,9 5,2 4,4 3,5
14. Carpen 10,2 8,8 7,5 5,9 4,6
15. Acacia (plantations) 18,7 14,7 10,3 6,4 3,3
16. Acacia (shoots) 16,5 13,2 9,3 5,7 3,1
17. Black and white poplar 19,5 15,0 11,6 7,8 4,8
18. Salcie of the seed 27,5 23,9 19,2 14,2 9,5
19. Salcie de sulinari 20,8 18,9 16,5 12,4 8,2
20. Plop selected 30,1 23,7 18,0 13,0 8,2
21. Larch * *) 10,5 8,9 7,5 5,7 3,6
_____________ Note *) According to the "Biometry of trees and stands in Romania", edition 1972. Note **) Main Arboret. ----