Advanced Search

Law No. 210 Of 11 November 2010 On The Prior Measures Construction Of Transmission And Distribution Networks Of Electricity

Original Language Title:  LEGE nr. 210 din 11 noiembrie 2010 privind unele măsuri prealabile lucrărilor de construcţie de reţele de transport şi distribuţie a energiei electrice

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 210 210 of 11 November 2010 on certain measures prior to the construction of electricity transmission and distribution networks
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 773 773 of 18 November 2010



The Romanian Parliament adopts this law + Article 1 This law establishes the legal framework for taking measures to prepare prior the execution of the construction works of electricity transmission and distribution networks. + Article 2 ((1) By way of derogation from provisions Law no. 33/1994 on the expropriation for the cause of public utility, the present law declares itself of public utility all construction works of electricity transmission and distribution networks of national, county and local interest, expropriator being the Romanian state through electricity transmission and distribution operators. (2) Within the meaning of this law, through construction works of electricity transmission and distribution networks of local, county or national interest, hereinafter referred to as works, shall be understood works of construction, development, modernization, extension or diversion of electricity transmission and distribution networks, established as such by the local, county or central public authority, as the case may be. (3) They are an integral part of the category of construction works of electricity transmission and distribution networks construction works or location of buildings, installations and other facilities necessary for the operation and/or technical exploitation of to them. (4) Land necessary to relocate utilities in order to carry out the construction works of electricity transmission and distribution networks, as well as those necessary for the construction, development, modernization, extension or deviation electricity transmission and distribution networks of national, county and local interest can be expropriated and subject to the provisions of this law. + Article 3 (1) The technical-economic documentation related to the construction, rehabilitation, development, modernization, extension or deviation of the electricity transmission and distribution networks of national, county and local interest shall be elaborated according to provisions Law no. 500/2002 on public finances, with subsequent amendments and completions, of Local public administration law no. 215/2001 , republished, with subsequent amendments and completions, and of the other normative acts applicable to public investments, by transport operators and those for electricity distribution or by the administration authorities local public, as appropriate, and will contain the final version of the feasibility study. (2) The owners with any title of the buildings affected by the elaboration of the feasibility study on the electric line crossing are obliged, after a prior notification from the transport and/or distribution operators, to allow access for topographic measurements, geotechnical studies and any operations necessary for the feasibility study. (3) After the approval by the National Agency for Cadastre and Real Estate Advertising, through its territorial units, of each cadastral-legal documentation of expropriation, it has the obligation to transmit to the administrative-territorial units the list buildings located on the electric line crossing. After the transmission of this list it is prohibited to issue any opinion, agreement, permit or authorization regarding the buildings subject to expropriation. (4) The documentation for the issuance of urban planning certificates necessary for the works provided in art. 2 shall be submitted by transmission and distribution operators of electricity. (5) The urbanism certificates for the works covered by this law shall be issued and communicated to the transmission and distribution operators of electricity within 10 calendar days from the date of submission of the documentation. (6) The opinions, agreements, permits and authorisations required by urban planning certificates, with the exception of the environmental agreement, shall be issued and communicated to the transmission and distribution operators of electricity within 25 days. calendar from the date of submission of the documentation for their release. (7) In accordance with the provisions Government Emergency Ordinance no. 27/2003 on the procedure for tacit approval, approved with amendments and additions by Law no. 486/2003 , with subsequent amendments and completions, urban planning certificates, notices, agreements, permits and permits are considered granted if they were not transmitted to electricity transmission and distribution operators within the time limits. provided in par. ((5) and (6). ((8) In the case of tacit approval of urbanism certificates, approvals, agreements, permits and authorisations, the competent authorities shall be obliged to issue the official document within 5 working days from the date of the tacit approval. (9) For the works provided for in art. 2, the building permit shall be issued within 15 calendar days from the date of submission of the complete documentation. (10) The construction works of electricity transmission and distribution networks are subject to the provisions Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, and of Law no. 10/1995 on quality in construction, as amended. (11) Urban planning certificates, notices, agreements, permits or authorisations shall be valid until the execution of the works for which they were issued, respectively until the minutes of final reception of the works have been issued. + Article 4 (1) Based on the technical-economic documentation provided in art. 3 3 para. (1), the Government approves, by decision, the technical-economic indicators, the site of the work, according to the final version of the feasibility study, the source of financing, as well as the triggering of the procedure for expropriation of the necessary buildings, located the electric line crossing, the overall amount of compensation estimated by the expropriator on the basis of an evaluation report prepared according to the provisions of par. ((7) and the term in which it veers into an account opened in the name of the expropriator. The site of the work is brought to public attention by displaying at the premises of the respective local council, by publication on the expropriator's own website and will be communicated to the National Cadastre and Real Estate Advertising Agency in to note the intention to expropriate the necessary buildings, located on the crossing lane of the power line. The site is delimited by the other properties by bornarea of all topographic points that define it. Local public administration authorities will include the coordinates of the electric line crossing lane in the general urban plans of the localities. (2) After the entry into force of the Government decision provided in par. (1), the expropriator prepares the cadastral-legal documentation for each building proposed for expropriation, having regard to the provisions Law of cadastre and real estate advertising no. 7/1996 , republished, with subsequent amendments and completions. The documentation will also include data on the framing of the work in urban planning and landscaping plans, as well as plans with the site of the work that is endorsed by the National Cadastre and Real Estate Advertising Agency, through the units its territorial. The plan with the site of the work, on each administrative-territorial unit, which contains the delimitation of buildings-land and/or construction-proposed for expropriation, with the indication of the names and surnames of the owners/holders, as well as the compensation offers by category of buildings, established on the basis of evaluation reports prepared by authorized assessors, shall be made public by display at the premises of the respective local council, where it will remain displayed until completion the expropriation procedure, and by publication on its website of the expropriator. ((3) The amounts necessary for the payment of authorized assessors and the compensation established according to the provisions of par. (2) shall be made available to the expropriator by the transmission and/or electricity distribution operators, as the case may be, no later than 30 days from the date of entry into force of the Government decision provided in par. ((1). Those amounts are tax deductible. (4) The tables with the privately owned buildings subject to expropriation, under the present law, comprising the county, the locality, the cadastral indicator, the surface, expressed in my own, as well as the name and surname of the owner/holder, according to the cadastral-legal documentation, will be at the expropriator and will be brought to public knowledge by display at the headquarters of the local council of each administrative-territorial unit and by publication on the expropriator's own website, 10 days before the date of commencement of the work of the commission 6 6 para. ((1). (5) The date of commencement of the commission activity 6 6 para. (1) and the date on which the tables provided in par. (4) will be brought to the attention of interested persons by publishing an ad in a local newspaper. (6) 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 and to the updating the tables provided in par. (4), in compliance with the regulations in force. (7) Before the date of commencement of the commission's activity 6 6 para. (1), authorized assessors, specialized in the evaluation of real estate properties, members of the National Association of Evaluators of Romania-ANEVAR, will draw up reports of evaluation of buildings subject to expropriation, for each unit administrative-territorial, per category of use. (8) The evaluation reports shall be drawn up in view of the expertise updated by the Chamber of Public Notaries. + Article 5 (1) The payment of compensation for the expropriated buildings shall be made on the basis of the requests addressed by the holders of the real rights, as well as by any person who justifies a legitimate interest. (2) The application for payment of compensation includes the names and surnames of the holders of the real rights, the home address, as well as the supporting documents regarding the existence of real rights on the expropriated immovable property. The application, together with the supporting documents, original and/or certified copies, shall be submitted to the premises of the transmission and/or distribution operators of electricity, within 15 days from the date of bringing to public knowledge, by display at the premises the local council within which the building is located, the tables provided for in art. 4 4 para. ((4). (3) Proof of ownership and other real rights to expropriated buildings shall be made by any means of proof permitted by law, including in the areas in which it applies Decree-Law no. 115/1938 for the unification of the provisions relating to land books, as amended, depending on how to acquire the rights-conventional, judicial, legal or succession, understanding by acquiring and setting up or reconstitution of ownership under special laws. (4) If the holders of the real rights do not submit the application and/or the supporting documents, according to the provisions of par. (1) and (2), the expropriator will notify them the amounts proposed for the payment of compensation and will record them in an open bank account on behalf of the expropriate. Compensation is granted under the conditions of this law. (5) If the compensation relating to the same building is required in the contest or in contradiction by several persons apparently entitled, the compensation will be recorded in the name of all, and will be divided according to the civil law. Compensation shall be granted only to rightholders proven by genuine acts and/or final and irrevocable court decisions. Any disputes postpone the release of the recorded compensation, but do not suspend the transfer of ownership to the expropriator. (6) 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 Apparent heirs. In the event that the succession procedure is not open, a representative of the expropriator is entitled to request the opening of the succession, and the amount representing the compensation shall be recorded in a separate account, on account of the heirs Appearances. Compensation is granted only to successors who will prove their quality with the certificate of heir or with the final and irrevocable court decision. (7) In the case of other contentious situations than those provided in par. (5) and (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. ((8) By way of derogation from provisions art. 21 21 para. ((5) of Law no. 10/2001 on the legal regime of some buildings improperly taken over from March 6, 1945 to December 22, 1989, republished, with subsequent amendments and completions, the buildings for which restitution notifications were made will be expropriated under the conditions this law. (9) If the holder or one of the holders of the real right, in the contest, does not agree with the established compensation, the amount representing the compensation shall be recorded in the name of the holder or, as the case may be, of the holders. The compensation will be granted on the basis of the request made in this regard, accompanied by authentic acts or by the final and irrevocable court decision establishing the amount of compensation or, as the case may be, the authentic declaration of acceptance of the amount of compensation provided for in the judgment establishing compensation. (10) The identification of buildings subject to expropriation, in dispute, will be made only in cadastral coordinates, in accordance with the provisions Law no. 7/1996 , republished, with subsequent amendments and completions. + 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) the expropriator appoints a commission verifying the right of ownership or other real right under which the application was made and finds acceptance or, as the case may be, not accepting the amount of compensation by the owner or holders of other real rights to the property subject to expropriation. (. At the request of the commission referred to in paragraph (1), the applicant has the obligation to complete the submitted documentation on the status of holder of the real right for which he requests the compensation, within 15 days. Otherwise, the commission will record the compensation in the name of the applicant, but its payment will be made only on the date on which the applicant will prove his right under the conditions of this law. + Article 7 Decision establishing the amount of compensation, issued under the conditions provided in art. 5 and 6, shall be communicated to the applicant, as well as to the other holders or, as the case may be, to the apparent holders, shall be displayed in the extract at the premises of the local council within whose radius the expropriated property is located and shall be published in the extract internet of the expropriator. + Article 8 No later than 90 days from the date of issue of the judgment establishing the amount of compensation, the expropriator shall make, by bank transfer or cash, the payment of compensation to the holders of real rights on expropriated buildings or their record, under the conditions of art. 5 5 para. ((4)-(7), (9) and art. 6 6 para. ((2). + Article 9 (1) Expropriate dissatisfied with the amount of compensation recorded under the conditions of art. 5 5 para. ((4)-(7), (9) and art. 6 6 para. (2) may be addressed to the competent court within 30 days from the date on which the decision establishing the amount of compensation was communicated to him, under penalty of forfeiture, without being able to challenge the transfer of ownership to the expropriator on the property subject to expropriation, and the exercise of the remedies does not suspend the effects of the decision establishing the amount of compensation, namely the transfer of the ownership of the property. (2) If the judgment has not been communicated, any person who considers himself entitled to compensation for the expropriation of the property may apply to the competent court, within 3 years from the date of display of the fixing the amount of compensation, under the conditions of art. 7, under penalty of decay. ((3) The action brought in accordance with the provisions of this Article shall be settled according to Law no. 33/1994 ,, as regards the establishment of compensation. When calculating the amount of compensation, the experts and the court will relate to the value from the moment of transfer of the property right. (4) Both the expropriation procedure and the public utility works covered by this law cannot be suspended or terminated at the request of any person who invokes the existence of disputes regarding the possession or property of the property expropriated. + Article 10 (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 and are within the jurisdiction of the courts of law common. (2) The expenses necessary for the realization of the expertise to assess the amount of compensation due as a result of expropriation within the disputes provided in par. (1) shall be advanced in accordance with the common law procedure. (3) In order to carry out the cadastral-legal documentation provided in art. 4 4 para. ((2), as well as the evaluation reports provided for in art. 4 4 para. (7) 50% reduced rates are charged compared to those practiced for similar documentation/reports of common interest. + Article 11 (1) Legal acts ending after the date of communication of the judgment establishing the amount of compensation or after the date of payment or, as the case may be, 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, except for those who subsequently clarify the expropriation of the legal situation of the buildings, in the cases provided in art. 5 5 para. ((4)-(7), (9) and art. 6 6 para. ((2). (2) As of the date of entry into force of the Government decision provided in art. 4 4 para. (1), the legal acts making the transition from extravilan to intravilan, as well as those through which the transition from the public domain into the private domain of administrative-territorial units, regarding the buildings necessary to be expropriated, according to the feasibility study, are hit by absolute nullity. + Article 12 (1) The removal, final or temporary, of the land necessary for the works defined in art. 2 of the agricultural circuit and of the national forest fund, respectively, are exempted from the payment of the taxes provided for 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. 33 33 para. ((2), art. 36 36 para. ((2), art. 37 37 para. ((1) lit. f), art. 41 41 and 42 of Law no. 46/2008 -Forest Code, with subsequent amendments and completions. (2) The exemption provided in par. (1) shall apply regardless of the mode of passage of those lands in the public domain of the state, according to the law + Article 13 The transfer of buildings from private property to public property of the state and in the administration of the expropriator operates by right on the date of payment of compensation for expropriation or, as the case may be, on the date of their record, laws. + 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 Services regarding registration, endorsement and reception of cadastral-legal documentation are exempt from the payment of taxes, and fees related to the intabulation procedure for the land necessary to carry out the construction works of transmission and distribution of electricity defined in art. 2, as well as any other taxes due to the state budget or local budgets are exempt from payment. + Article 16 Any opinions, agreements, permits or authorizations issued to third persons for buildings subject to expropriation from the date of approval by the National Agency for Cadastre and Real Estate Advertising, through its territorial units, documentation Cadastral-legal are struck by absolute nullity. + Article 17 Within 30 days of the entry into force of this law, the Government, at the proposal of the Ministry of Justice and the Ministry of Economy, Trade and Business Environment, will draft and approve by decision the methodological norms of application of this law. + Article 18 For the works in the expropriation procedure on the date of entry into force of this law, the Government will issue a decision for each individual work, approving the triggering of the expropriation procedure for all the buildings left by expropriated, as well as the estimated global amount of compensation. + Article 19 Any technical or evaluation documentation carried out prior to the entry into force of this Law shall be deemed valid. + Article 20 The provisions of this Law shall be duly completed with the provisions Law no. 33/1994 ,, as well as those of Civil Code and ale Code of civil procedure . This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, November 11, 2010. No. 210. -------------