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LAW NO. 1 DIN 2000 FOR RECONSTITUTION OF PROPERTY LAW ON AGRICULTURAL LAND AND FORESTRY, REQUESTED ACCORDING TO THE PROVISIONS OF THE FUNCTIONAL FUND LAW NO. 18/1991 AND OF THE LAW NO. 169/1997
CHAPTER I
General dispositions

Art. 1. - Natural persons and legal entities who have submitted applications for the reconstitution of the ownership right for agricultural land and for the forest lands, according to the provisions of the Land Fund Law no. 18/1991, modified and completed by Law no. 169/1997 and republished *), the right of ownership shall be established in the conditions provided by the present law.

*) Law no. 18/1991 was republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998.

Art. 2. - (1) In the application of the provisions of the present law, the reconstitution of the ownership right shall be done on the old premises, if they are free.
(2) The rights acquired in compliance with the provisions of the Land Fund Law no. 18/1991, for which have been issued certificates of ownership, record of possession or title of property, remain valid without any other confirmation.

Art. 3. - (1) Restoration of the right of ownership for the natural persons provided in art. 9 par. (1) of the Land Fund Law no. 18/1991, republished, for the difference between the surface of 10 ha of the family and that brought in the agricultural cooperative of production or taken over in any way but no more than 50 ha of the dispossessed owner is made entirely in the localities where there is agricultural land areas as a reserve for the commission, according to art. 18 of the same law.
(2) If in the locality there are no agricultural land to fully meet the requirements, according to par. (1), the reconstitution of the right of ownership shall also be made from the agricultural land that has been transferred to the property of the commune, town or municipality, according to art. 49 of the Land Fund Law no. 18/1991, republished, and, as the case may be, in cases where, by final and irrevocable court decisions, the absolute nullity of some property titles, from the agricultural land that pass into the private property of the state based on such decisions, is found.
(3) If the full right of ownership can not be restored, in the conditions of par. (2), indemnities shall be granted for the unrelated land difference.
(4) Compensation shall be granted starting with the smallest areas that can not be returned.

Art. 4. - (1) For lands outside the localities, the former properties of natural persons, which have been abusively owned by the state and are included in various hydrotechnical, hydro-melioration or other facilities, shall be returned, under the conditions the law, the former owners or their heirs, equivalent areas made up of the existing reserve in the local commissions, and in the case of insufficient areas, in the private domain of the state, in the same locality. In settlements where compensation is not possible, compensation will be paid to former owners or their heirs, under the law.
(2) Where the works for which the land surface was expropriated have not been executed or are in a project stage, the surface taken over shall be returned, upon request, to the former owners or their heirs.

Art. 5. - In the case of natural persons stipulated in art. 9 par. (2) of the Land Fund Law no. 18/1991, republished, to which the right of ownership has been restored up to the limit of the surface of agricultural land of up to 10 ha of the family and they have been applied the reduction quota according to the law, and this share exceeded the percentage of 5%, upon the reconstitution of the right to property for this quota shall be applied accordingly, the provisions of art. 3 par. (2) to (4) of the present law.
Art. 6. - (1) Upon establishment of the property right for agricultural land in accordance with the provisions of the present law, the municipal, municipal and municipal commissions and the county councils, established according to the law, shall rigorously verify the existence of the acts proofs provided in art. 9 par. (5) of the Land Fund Law no. 18/1991, republished, as well as the pertinence, veracity, authenticity and conclusion of these acts, also taking into account the provisions of art. 11 par. (1) and (2) of the same law.
(2) The provisions of art. 12 of the Land Fund Law no. 18/1991, republished, regarding the establishment of the right of ownership by means of reconstruction, as well as the procedural provisions stipulated in art. 51-59 of the same law shall apply accordingly to the reconstitution of the property right, according to this law.
(3) If certain areas are claimed by two citizens, one of whom is the former owner, who was taken over by the abusive measures applied during 1953-1959, and the second, the person to whom the land was assigned of the one taken from the former owner within the limit of existing land resources, including reserves created, will return the land in the nature of both applicants. If the resources are insufficient, the land of the person holding the property will be assigned in nature, and those who have been leased to such land will be compensated in accordance with the law.

Art. 7. - (1) For the land which is subject to the reconstitution of the ownership right according to art. 3, 5 and 23 of the present law, an additional title will be issued if the persons in question already have a title issued under the provisions of Law no. 18/1991.
(2) If no such title has been issued to such persons, a single title will be issued for the entire surface resulting from the application of the Land Fund Law no. 18/1991 *), unchanged, as well as from the application of the provisions of the present law.
(3) The provisions of art. 13 par. (3) of the Land Fund Law no. 18/1991, republished, remain applicable.
__________
*) Law no. 18/1991 was published in the Official Gazette of Romania, Part I, no. 37 of 20 February 1991.


CHAPTER II

Retrocessing of agricultural land

Art. 8. - The natural persons who have been established as shareholders in joint stock companies with an agricultural or fishery profile, pursuant to art. 36 of the Land Fund Law no. 18/1991, unchanged, shall be returned in the nature areas with agricultural or fishery destination of the same quality, on the basis of documents certifying the former property within the perimeter of these companies. The actual allocation of land is done in the hilly area on the old sites and in the plains areas on the old sites unless the agricultural holdings, public and private property of the state, are affected in their unit.

Art. 9. - (1) State-owned land managed by research institutes and research centers for seed research and production, planting material of higher biological categories and breed animals belong to the public domain and remain in their administration.
(2) The provisions of paragraph (1) shall also apply to state-owned land used at the date of entry into force of this law by the agricultural or forestry units that are under management.
(3) The state-owned agricultural land, which on the basis of supporting documents constituted the patrimony of the Romanian Academy, the universities and the higher education institutions with agricultural profile, pass into their property.


Art. 10. - Natural persons who have established receivable rights at the agricultural research and agricultural production institutes and resorts, as well as at the autonomous agricultural registers or at the national agricultural companies, according to the provisions of Law no. 46/1992, the agricultural land shall be returned to them.

Art. 11. - In all cases, commercial companies, institutes, agricultural research and production facilities, as well as autonomous administrations and national agricultural companies will necessarily pay the rights in kind or receivables established and stipulated in the Law no. 48/1994.
Art. 12. - (1) The municipal, municipal or municipal councils of the administrative-territorial units on which the land is located together with the agricultural cadastral offices and the organization of the territory shall delimit the requested lands on the old sites, if they are free of construction, or in the soils situated in the immediate vicinity of the localities, ensuring the access to the hydro-melioration works, where they exist.
(2) If the retroceded surfaces are placed with hydro-melioration works, the owners in possession are obliged to ensure the common access and use for all owners, at their full capacity.
(3) The natural and legal persons, who have the right to access and use common to the works and installations of hydro-improvement, are obliged to exercise these rights in good faith, not to affect the state of normal use and to contribute, proportionally, to maintenance and repair of these works and installations. All users are jointly responsible for damages of any kind to works and installations in all cases where liability can not be individualized.
(4) The delimitation protocol together with the decision of the local council shall be subject to the validation of the county commission, which shall be obliged to pronounce within 30 days from its receipt.
(5) The decision of the county commission, and the delimitation report and the situation plan, respectively, shall be sent to the commercial companies, the agricultural research and agricultural production institutes and research centers, the autonomous administrations and the national agricultural companies, as well as to the local commissions. be taken into account in the preparation of the necessary documentation for the establishment of the locations according to the law, the possession of the holders, and the issuance of the titles of ownership.
(6) Against the decision of the County Commission, a complaint may be made to the court in whose territorial range the land is located, within 30 days from the communication.
(7) The operations referred to in paragraph (5), including the issue of ownership titles, shall be made within one year of the date of entry into force of this law.


Art. 13. - The Prefect, in his capacity as chairman of the County Commission, will prepare and submit monthly to the Department for Local Public Administration a report on the situation of the application of the provisions of the law, with proposals for measures, including drawing up the responsibility for the mayors who prevent any way of restoring the right to property within the terms and conditions set by law.


Art. 14. - (1) Natural persons who have concluded housing contracts, under the conditions stipulated in art. 25 of the Lease Law no. 16/1994, with the subsequent modifications and completions, shall be returned in kind the agricultural land areas stipulated in those contracts.
(2) The provisions of art. 12 of this Law shall apply accordingly.

Art. 15. - (1) The natural persons referred to in art. 37 and 38 of the Land Fund Law no. 18/1991, republished, to which the shareholder has been established, to the natural persons who have been established rights to the research institutes and agricultural production units, to the autonomous administrations and to the national companies with agricultural profile, according to the provisions of Law no. . 46/1992, as well as the natural persons who have the capacity of locator, according to art. 25 of the Lease Law no. 16/1994, with the subsequent modifications and completions, the ownership right for the agricultural land and for the difference between the 10 ha area and the one owned in the property, but no more than 50 ha of the dispossessed owner are restored.
(2) The persons referred to in paragraph (1) the provisions of art. 8 of the present law, unless they have been reconstituted by decision of the county commission the ownership right for the difference of more than 10 ha of the dispossessed owner, but not more than 50 ha of the dispossessed owner.

Art. 16. - (1) The persons referred to in art. 39 of the Land Fund Law no. 18/1991, republished, whose agricultural land was transferred to state ownership by the effect of Decree no. 83/1949 and any normative acts of expropriation, or, as the case may be, their heirs shall be restored the right of ownership in nature, within the limit of the land area transferred to state property, but no more than 50 ha of the dispossessed owner, of the surfaces of land belonging to the stock of joint stock companies with agricultural profits or other companies having in their possession agricultural land or, as the case may be, under the administration of the autonomous regies and of the national agricultural companies having their headquarters in the locality or in the localities where the agricultural land that was formerly owned by the state was located.
(2) If the agricultural land subject to the reorganization of the right of ownership is in the management of the agricultural research institutes and production centers, the return in kind shall be made from the agricultural land which will be delimited for production in the private property state, by Government decision.

Art. 17. - In all cases where the patrimony of the units provided for in art. 15 and 16 of the present law there are no agricultural land for the complete return of the property, compensation shall be granted for the unretroved land difference.

Art. 18. - (1) The agricultural lands in the patrimony of commercial companies with agricultural profile and in the administration of the autonomous regies and of the national societies having an agricultural profile after restitution in kind according to the provisions of art. 8 and art. 14-16 of this law, remains private property of the state.
(2) The agricultural lands referred to in par. (1) remain in the exploitation of the joint stock companies and the autonomous regies and of the national societies with agricultural profile, the patrimony of which is and stands out as such in the agricultural cadastre.

Art. 19. - The receivables of the shareholders and the locators, to be collected under Law no. 46/1992 and the Law no. 48/1994, shall also be paid from the incomes realized by those companies or from special funds created after the privatization of the agricultural trading companies. The remaining value of the investments made on the land returned to the shareholders or locators, as well as to other persons entitled under this law, shall be recovered from them within a period of maximum 10 years.
Art. 20. - Prin lege speciala se stabilesc, pentru terenurile agricole ce constituie proprietate privata a statului, modalitatile de atribuire în folosinta ori în proprietatea familiilor tinere, specialistilor care lucreaza în agricultura din mediul rural, the teaching staff, war veterans, referred to in art. V of Law no. 169/1997, or other categories of persons entitled under the law, as well as to families without land.

Art. 21. - The legal regime of agricultural land, stipulated in art. 18 of the present law is also applicable to commercial companies that are constituted by the reorganization of agricultural research and production institutes and resorts or national societies that are constituted by reorganization of autonomous regies with agricultural profile.

Art. 22. - Restoration of the right of ownership, possession and release of property titles, in the case of natural persons stipulated in art. 8, art. 10 and art. 14-16 of the present law, shall be made by the local commissions and the county commissions, according to and under the conditions stipulated in art. 12 and art. 51-59 of the Land Fund Law no. 18/1991, republished, in the implementing regulation, as well as in compliance with the provisions of the present law.

Art. 23. - (1) The representative organs of the religious units, established until the entry into force of this law, acquire by reconstructing agricultural land from the church fund of the cult to which they belong, as follows:
a) Eparchial centers, up to 100 ha;
b) Protoss, up to 50 ha;
c) monasteries and hermitages up to 50 ha;
d) parishes and fillets, up to 10 ha.
(2) For juridical persons, units of worship recognized by law, rural and urban environment, provided in par. (1), the provisions of art. 3 par. (2) to (4) of the present law.
(3) Agricultural or forestry high schools and public institutions for the protection of children, who have not received agricultural land until the date of entry into force of this law, shall be restituted to the land which they owned.
(4) Under the present law, the pre-university education units acquire, by reconstruction, agricultural land within the limits of the ones they owned. Pre-tertiary education units that did not own agricultural land are assigned in the use of agricultural land up to 5 ha, from the reserve of local councils.


CHAPTER III

Forest land restitution
Art. 24. - (1) Reconstruction of the ownership right over the forest lands, for the difference between the surface of one hectare of the deposed owner and the one owned by the owner but no more than 10 ha of the dispossessed owner, to the natural persons or, heirs who have submitted applications under art. 45 of the Land Fund Law no. 18/1991, republished, is made on the old sites.
(2) The following forest lands shall be exempted from the restoration of the ownership right on the old sites:
a) the lands assigned to the former owners, in compliance with the provisions of the Land Fund Law no. 18/1991, unchanged, for which property titles or minutes of release have been issued;
b) lands on which construction or forestry, forest roads or other developments or installations or other fixed assets are or are being carried out;
c) the lands on which long-term experimental forestry crops are installed, under the observation of the Institute of Forest Research and Development;
d) forest reserves of seeds of special importance, plantations, mother plantations and seed sources of valuable species included in the national catalog of breeding material admitted in forestry crops;
e) scientific reservations, forests - monuments of nature and other strictly protected areas, constituted and declared according to the law;
f) forests with a special anti-erosion and hydrological protection;
(g) land totally or partially eradicated after 1 January 1990.
(3) For the cases provided in par. (2) ownership will be made on other plots located near the old sites.
(4) The forestry units and subunits subordinated to the National Forestry Company, as well as the other current owners of the forest lands requested by the former owners or their heirs, shall demarcate and make available to the local commissions for the application of the provisions of this law the land areas for which the right of ownership has been restored and validated, according to the categories of holders stipulated in the present law, under the conditions stipulated in para. (1) - (3). The effective transfer of land to private property will be made on the occasion of possession, according to the present law.
(5) The Ministry of Waters, Forests and Environmental Protection shall take measures that each forest detour delimit the perimeters with land that will constitute the private property of natural and legal persons from other land plots.

Art. 25. - (1) Restoration of the ownership right and possession of the owners in the case of forest lands, as well as the issuance of the titles of ownership, shall be made by the local commissions and by the county commissions, under the conditions and by the procedure established by the Law land fund no. 18/1991, republished, in the Regulation approved by the Government Decision no. 131/1991, republished *), and according to this law.
__________
*) The Regulation was republished in the Official Gazette of Romania, Part I, no. 7 of 19 January 1993.

(2) The management and exploitation of the forest lands, assigned in the conditions of art. 24 of the present law, are made under forest regime, according to the law.
(3) For the persons provided under art. 24 par. (1) of this Law shall be issued an additional title. If no title has been issued for the forest land area of ​​up to one hectare of the author, only one title will be issued for the entire surface resulting from the application of the Land Fund Law no. 18/1991, republished, and this law.
(4) The provisions of art. 13 par. (3) of the Land Fund Law no. 18/1991, republished, and the provisions of art. 6 of this law are and remain applicable.

Art. 26. - (1) The former members of the associative forms of ownership of the forests with composted forest vegetation, inhabited by degraded mosques, unlicensed rays, granicultural forests and other associative forms assimilated to them, as well as to their heirs who formulated applications for the reconstitution of the right of ownership under art. 46 of the Land Fund Law no. 18/1991, republished, will be issued a single title of title, with the mention to the owner: `` composesorat``, `` mosneni``, `` radei``, `graniceresti``, other associations and with the name of the respective locality.
(2) The area returned to the associative forms shall not exceed the surface resulting from the application of the land reform in 1921.
(3) The property title shall be accompanied by a sketch of the site of the forestry land belonging to the composer, the mosque, the razes, etc., to be returned, and an annex containing the name, surname and, where appropriate, the share of each of the persons referred to in paragraph (1) on the basis of the documents attesting to such quality and within the limits laid down in these acts.
(4) The reconstitution of the ownership, the possession and the release of the titles of ownership shall be made by the local commissions, respectively the county commissions, in whose territorial range the lands are located, according to the provisions of this law.

Art. 27. - Exploitation of the forest land provided for in art. 26 of the present law is made in accordance with the statutes of the associative forms allowed by the legislation of the Romanian state in the period 1921-1940.


Art. 28. - (1) For the purpose of organizing the exploitation of the forest lands stipulated in art. 26 of the present law and the determination of the responsibilities regarding their exploitation, the persons entitled will be constituted, according to this law, in the initial associative forms of composesorat, graniceles, devalmasie de mosneni, uncommitted razes etc.
(2) Within 90 days from the entry into force of this law, an ad hoc committee shall request the court in whose territorial jurisdiction the land is located, based on the certification of the ownership or inheritance by the local commissions, the authorization associative forms of forest management and exploitation.
(3) The ad hoc committee shall submit to the court, together with the application and the certificate issued by the local commission, a statute authenticated by the notary public, in which their structure, management bodies, forestry exploitation the terms of the law, the rights and obligations of members, liability, sanctions, dissolution, and other specific provisions.
(4) By court decision, the associative forms of joint exploitation, established under the conditions and with observance of the forestry regime provided by the law, acquire the status of legal person. The court decision will be entered in a special registry held by the court.
(5) The common forestry areas, according to their nature, remain indivisible for the entire duration of their existence.
Art. 29. - (1) In application of the provisions of art. 47 of the Land Fund Law no. 18/1991, republished, the proposals for the reconstruction of the ownership of the forest lands and the issuance of the title of title will be made in the name of the parish, the hermitage, the monastery, the educational institution, regardless of its form, within the limits of the surfaces they had in the property, but not more than 30 ha, irrespective of whether the plots are located within several localities.
(2) The eparchial centers, parishes, hermitages, monasteries, constituted until the date of the present law's entry into force, acquire, through reconstruction, areas up to the limit of 30 ha from the church fund of the cult to which they belong, recognized by law, owned forest land in the county where the parish, the hermitage or the monastery was established.
(3) The lands assigned according to par. (2) shall not be able to overcome cumulatively the area owned by the church fund in the county in which the parish, the hermitage or the monastery which is applying for the reconstruction has been constituted.
(4) The communes, the cities and the municipalities, which have owned land with forest vegetation, forests, acorns, bushes, fences and forested land, regain, on request, their property, within the limits established by the documents attesting the surfaces requested under Art. . 9 par. (3) of the Land Fund Law no. 18/1991, republished.
(5) In the case of requests made by the local councils, the acts of restoration of the property right and the issuance of the title of title shall be made in the name of the commune, city or municipality, as legal persons, and the title shall be handed to the mayor.


CHAPTER IV

Final and transitional arrangements

Art. 30. - In application of the provisions of the Land Fund Law no. 18/1991, as amended by Law no. 169/1997, the Romanian citizens have the same rights, regardless of whether they were domiciled in the country or abroad at the date of filing the application.

Art. 31. - (1) Constructions of any kind belonging to agricultural holdings and which have been transferred to state ownership by the effect of Decree no. 83/1949 for completing certain provisions of Law no. 187/1945, shall be returned to the former owners or, as the case may be, to their heirs.
(2) The constructions on the forest lands, which were part of the forestry holding on the date of transfer to state property, shall be returned to the former owners or, as the case may be, to their heirs.
(3) If such immovable property no longer exists, indemnities shall be granted.
Art. 32. - (1) The natural persons and the legal persons, stipulated in art. 10 of the Land Fund Law no. 18/1991, republished, have the obligation to file the declaration on their own responsibility in relation to the field surfaces assigned according to the law or, respectively, actually held under the same article, within 6 months from the date this law enters into force.
(2) The provisions of art. 110 of the Land Fund Law no. 18/1991, republished, remain applicable.

Art. 33. - Natural persons and legal persons, who have not filed within the term stipulated by Law no. 169/1997 requests for the reconstitution of the right of ownership or, as the case may be, the supporting documents, may make such requests and may submit the supporting documents within 60 days from the date of entry into force of this law.

Art. 34. - The lands without constructions not affected by investment projects approved according to the law or with works that have been damaged, destroyed and no longer have any value of use, taken in any way, including by donation, considered as public property or private state or administrative-territorial units by applying the provisions of Decree no. 712/1966 and other special normative acts shall be returned to the former owners or to their heirs, as the case may be.

Art. 35. - (1) The possession of the persons entitled to receive forest land, according to the present law, shall be made only after the establishment of the control and enforcement structures of the forestry regime in the territory and only after the promulgation of the laws on contraventions forestry, the forestry regime and the management of the private and state property fund, as well as the status of the forestry staff.
(2) The forests and the present owners are responsible for the guarding and protection of the forest vegetation on the lands required by the former owners until they have been made available under the conditions provided by the present law.

Art. 36. - The natural persons who have established the right of ownership through non-ownership, when applying Law no. 187/1945 for the implementation of the agrarian reform but for which the land to which they had the right to which the assignment was canceled was not actually allocated, they will be given the respective land within the limits of the available surfaces.

Art. 37. - The natural persons whose land belonged to the former agricultural cooperatives of production and, as a result of the mergers, did not receive the property right under the conditions of the Land Fund Law no. 18/1991 shall be reconstituted the right of ownership in the conditions of the present law, on the old premises, within the state-owned trading companies, if they have not been assigned according to art. 2 par. (1) of the present law, and in all other cases the provisions of art. 17 of this law.
Art. 38. - Restoration of the right of ownership shall be made on the old premises under the conditions of the present law, with the prohibition of their transfer by the committees stipulated in art. 6 par. (1) of the present law.


Art. 39. - The provisions of art. 26-28 of the present law shall also apply in the case of agricultural land, pastures and hayfields belonging to the associative forms that have owned such land.


Art. 40. - For all agricultural and forest lands requested by well-founded requests, approved by the competent bodies, registered in the terms and with the procedure provided by the Law no. 18/1991, modified and completed by Law no. 169/1997, which could not be restituted, as well as in cases where the former owners have opted for compensation, the Government will determine by decision the land valuation method, the financial sources and the payment modalities to the former owners, within 45 days after the entry into force of this law.


Art. 41. - The Government shall amend and complete, within 30 days from the date of entry into force of this law, the regulation approved by the Government Decision no. 131/1991, republished.


This law was adopted by the Chamber of Deputies and the Senate in a joint sitting of December 9, 1999, observing the provisions of art. 74 par. (1) and art. 76 par. (2) of the Romanian Constitution.

This reproduction is consistent with the original.

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