LAW NO. 18 DIN 1991 (LAW OF THE FUNCTIONAL FUND)
HEAD. 1 General provisions
Land of any kind, irrespective of its destination, the title on which it is owned, or the public or private domain to which it belongs, is the land fund of Romania.
Art. 2. Depending on the destination, the land is:
a) agricultural land, namely: productive agricultural lands - arable, vineyards, orchards, vineyard nurseries, fruit trees, hops and moss plantations, pastures, finishes, greenhouses, solariums, ponds and the like - are part of the forestry arrangements, forested pastures, those occupied with constructions and agrozootechnical installations, fish and land improvements, technological and agricultural roads, platforms and storage spaces that serve the needs of agricultural production and non-productive land that can be arranged and used for agricultural production;
b) land with forestry destination, namely: the forest lands or those that serve the needs of culture, forestry production or management, the lands for the forested and the unproductive - shrubs, steeples, boulders, pearls, ravens, torrents - if included in the forestry arrangements;
c) permanently under water such as: minor watercourses, lakes of lakes at maximum retention levels, bottom of inland sea and territorial sea;
d) intravilan land belonging to the urban and rural localities on which the constructions are located, other settlements of the localities, including the agricultural and forest lands;
e) land with special destinations such as those used for road, rail, naval and air transport, with related constructions and installations, construction and hydrotechnical, thermal, electric and natural gas transmission, telecommunication, mining and oil mining , quarries and heaps of any kind, for defense purposes, beaches, reserves, natural monuments, archaeological and historical sites and the like, and the like.
Art. 3. For the purposes of this law, landowners are the owners of the property right, of other real rights over them or those who, under civil law, are the owners or the bad owners.
Art. 4. The lands may be subject to the right of private property or other real rights, having the right of natural or legal persons, or belonging to the public domain or the private domain.
The public domain may be of national interest, in which case the ownership over it, under public law, belongs to the state, or to the local interest, in which case the property, also under public law, belongs to communes, cities, counties.
Administration of the domain of national public interest is done by the bodies provided by the law, and the administration of the public domain of local interest is done by the mayors or, as the case may be, by the prefectures.
Public lands are those affected by public utilities.
Art. 5. The public land, the public roads, the roads, the communications networks, the public networks and public parks, the ports and the airports, the lands with forest destination, the rivers and rivers, the lakes of public interest, the bottom inland waterways and territorial sea waters, Black Sea shores, including beaches, lands for nature reserves and national parks, monuments, ensembles and archaeological and historical sites, nature monuments, lands for defense needs, or other uses which, according to the law, are public domain or which, by their nature, are of public use or interest.
The lands that are part of the public domain are removed from the civil circuit unless the law provides otherwise. Their right to property is impressible.
Art. 6. The private domain of the state and of the communes, towns, municipalities and counties is made up of land - other than those stipulated in art. 5 - found or entered into their property by the ways and means provided by law. It is subject to the provisions of ordinary law, unless otherwise provided by law.
Art. 7. The land fund and, accordingly, the right of ownership and other real rights must be recorded in the land registration and real estate publicity documents provided by the law.
Art. 8. The establishment of the right of private ownership on the land that is found in the patrimony of the agricultural cooperatives is made under the present law, by the restoration of the right of ownership or the constitution of this right.
The provisions of the law benefit co-operative members who brought land in the co-operative or who were taken over in any way by the land, as well as, under the civil law, their heirs, cooperative members who did not bring land to the cooperative and other specific persons .
The ownership right shall be granted upon request by the issuance of a property title within a minimum area of 0.5 ha for each person entitled under this law and no more than 10 hectares of family in arable equivalent.
Unmarried couples and unmarried children are family members if they work together with their parents.
Art. 9. Persons who are re-constituted or constituted their right of ownership under the present law may not be assigned more than 10 ha of family in arable equivalent, even if the reconstitution or establishment of the right to property is made in more localities.
The persons referred to in paragraph (1) shall attach to the application a declaration on their own responsibility indicating the land areas they have or which they are entitled to receive under the terms of this law.
Art. 10. The surface of the cooperative is the result of: the cooperative's records, the applications for registration, the agricultural registers from the date of entering into the cooperative, the ownership documents and the land book or, failing that, any other evidence, witnesses.
The provisions of the preceding paragraph shall also apply in respect of the areas taken over by cooperatives, either on the basis of special laws or without any title or in any other way.
The determination of the ownership right is made on request based on the land owned by the cooperative on January 1, 1990, registered in the register of the general land registry or the agricultural register corrected with the legal alienations made by the cooperative until the date of entry into force of the laws.
The application for the establishment of the property right shall be filed and registered with the mayoralty within 30 days from the date of entry into force of this law.
The determination of ownership will end within 90 days from the publication of this law.
Art. 11. For the purpose of establishing the right of ownership by its reconstruction or establishment, the effective assignment of the land to the entitled persons and the issuance of the titles of ownership, in each commune, town or municipality, a commission headed by the mayor is constituted by the prefect's decision.
Communal, municipal or municipal commissions will operate under the guidance of a county commission, appointed by prefect's decision and headed by the prefect.
The procedure for the establishment and functioning of the commissions, as well as the model and the way of assigning the new titles of ownership, shall be established by a Government decision within 15 days from the date of publication of this law. Committees will include citizens designated by the public in all categories, specialists and civil servants. In communes made up of several villages, citizens will be designated in proportion to the numerical share of the inhabitants of each village.
The County Commission has the competence to resolve the complaints and to validate or invalidate the measures established by the subordinated commissions.
Against the decision of the county commission, the unhappy may complain to the court within which the land is situated, within 30 days from the date when he took note of the solution given by the county commission.
Plederea suspend execution.
The court will give notice to the complainant and will be able to ask the county commission to appoint a member to present himself / herself, at the time fixed for the trial, to explain.
Judicial control is limited to the correct application of the mandatory provisions of the present law on the right to obtain the title of ownership, the extent of the appropriate land area and, where appropriate, the accuracy of the reduction of this area, according to the law.
The court will hear the two judges in full.
Judgment is final. Based on the court judgment, the county commission that issued the title will modify, replace or abolish it, as the case may be.
Art. 12. The heir quality is established on the basis of the heir certificate or of the final court judgment or, failing that, by any evidence resulting in the acceptance of the inheritance.
Inheritors who can not prove this quality, because the land is not found in the civil circuit, are considered rightful in the term of acceptance regarding the quota that is due to the lands belonging to their author. They are considered to have accepted the inheritance through the request they make to the committee.
The title of ownership is issued in respect of the land plot determined on behalf of all the heirs, and they will proceed according to the common law.
Art. 13. The terrains of the agricultural production cooperatives situated in the outbuilding of the localities become the property of the co-operators or, as the case may be, of their heirs corresponding to the surfaces brought in or taken in any way in the patrimony of the cooperative.
The actual allocation of land is done in the hilly area, usually on the old sites, and in the areas of the mines, on the boards set by the commission and not necessarily on the old sites of the property, within the current cooperative perimeters.
If the land surface of the agricultural production cooperative, resulting from the summation of the land plots brought by the cooperatives or taken over in any other way by the cooperative, and the actual land area, there have been changes in both the total surface area and the surface categories of use, establishing the property of the co-owners or their heirs is done by reducing a proportional quota resulting from the decrease of the legal areas used for other purposes from the total initial area and in proportion to the existing agricultural use categories. Surface owners with less than 1 ha property will not be affected.
The areas occupied by fruit, vineyards, greenhouses, helestee, fishes, nurseries, administrative and agrozootechnical constructions, as well as those necessary for the fodder base related to the zootechnical production capacities existing in the cooperatives, can represent, on the basis of the owner's option, private association, with or without legal personality.
Art. 14. Cooperative members who, as the case may be, have left the cooperative, did not work in the cooperative or do not live in that locality, and their heirs may receive the extra-urban land acquired or taken over in any way in the patrimony of the cooperative.
The provisions of the previous paragraph also apply to persons whose land has passed, with or without title, in the patrimony of the cooperative, without having acquired the capacity of co-workers, and, as the case may be, their heirs.
The provisions of para. 2 also benefit the persons holding the Knight titles of the Order of Mihai Viteazul and Mihai Viteazul cu spade and their heirs who opted and were assigned at the date of the landing arable land and which do not own other lands, who have alienated him.
The provisions of art. 13 par. 2 and 3 apply accordingly.
People who have lost total or partial labor capacity and heirs of those who died - as a result of their participation in the struggle for the victory of the Revolution of December 1989 - will be assigned, on request, land with an area of 10,000 sqm. in arable equivalent. For the assigned land, these beneficiaries do not owe taxes or taxes.
Art. 15. In cases where agricultural fields of private owners have been merged in the area of agricultural production cooperatives, and they have not taken over other land at their request or heirs, they will be returned to property and they will be reimbursed in equal shares, within the limits set by the commission.
The provisions of art. 13 par. 2 and 3 apply accordingly.
Art. 16. In the localities with Romanian citizens, belonging to the German minority or inhabited by persons who have been deported or displaced, disposed of by land through normative acts after 1944, they will be assigned to the ownership, upon request, by priority or the heirs , land plots from the reserve available to the commissions, or proceed according to art. 36.
The award will take into account the land area they owned, without exceeding 10 hectares of family in arable equivalent.
Art. 17. The extravilan lands brought or otherwise taken over in the patrimony of the cooperative from co-operatives or other persons who have died and have no heirs, as well as the lands for which no restitution claims have been made remain at the disposal of the commission.
All cooperative land not attributed according to art. 13-16, as well as the extravilan state-owned land used by the cooperative, shall also remain at the disposal of the commission, to be attributed to other persons entitled under the provisions of this law.
The land, which was not allocated, remained at the disposal of the commission and was transferred to the private domain of the state, being made available to those who want to start or develop agricultural holdings by renting, concessioning or selling, under the conditions of the law.
The persons referred to in paragraph 3 the land entered into the private domain of the state may be assigned in 1991, without payment, according to the provisions of the law.
In order to administer these lands, the Agency for Rural Development and Enhancement will be set up by law.
Prior to taking over by the agency, the land will be managed by mayors.
Art. 18. Active cooperative members who did not land in the cooperative or landed less than 5,000 sqm and those who, as cooperatives, have worked in any way as employees in the last 3 years in the cooperative or cooperative associations , may be assigned in the ownership lots of the lands stipulated in art. 17, if they are settled or will settle in the locality and do not own land in other localities. The area attributed to the property will be determined taking into account the land area, the number of applicants and the area attributed to those who have landed in the cooperative.
The provisions of par. 1 shall also apply to persons who have been deported and do not benefit from the provisions of art. 13-15.
It is possible to allocate, on request, for agricultural use, up to 5,000 sqm in arable, family, specialized personnel in the communal public services, while working in the locality, if they do not have land in the locality, they or the family members from which are part of it. Ownership of these lands belong to the commune, city or municipality, as the case may be.
Upon leaving the locality, the persons mentioned in par. 3 have the right to indemnities for the investments made, with the prior consent of the owner and if they are useful on the assigned area.
Art. 19. If in some agricultural cooperatives there is no longer available land to be assigned the minimum area provided in art. 8, as well as for the persons stipulated in art. 16 and 18 1 and 2, the commission shall decide on the reduction in the proportional share of the area to be assigned to assign land to property and to those categories.
Art. 20. In the localities with a surplus of agricultural area, with a labor force deficit in agriculture, from the lands stipulated in art. 17 may be assigned land up to 10 ha in arable equivalent to all families that request in writing and commit themselves to work this area.
Families without land or with little land in other localities, who request in writing, may receive up to 10 ha of land in arable equivalent, with the obligation to establish their domicile in the commune, town or municipality, as the case may be, and to cultivate the land received, renouncing the property in their locality, out of town.
Art. 21. From the agricultural lands, the commissions will assign, at the request of the parochial commissions or other representative bodies of the local cult communities - in rural areas - a land area of up to 5 ha in arable equivalent for each parish or the hermitage, belonging to cults recognized by law, or up to 10 hectares of agricultural land in arable equivalent in the case of monasteries, to the extent that all these settlements have in the past possessed agricultural land taken over by agricultural production cooperatives and currently do not have such land or have restricted surfaces. In non-cooperative areas, the ownership right will be restored from land owned by the state and in the administration of mayors, upon their proposal, by the prefect's decision.
The provisions of art. 9 par. 2 is applied accordingly.
Art. 22. I am in the private ownership of the co-workers or, as the case may be, of their heirs, irrespective of their occupation or domicile, the lands belonging to the dwelling house and the household annexes, as well as the yard and the garden around them determined according to art. 8 of Decree-Law no. 42/1990 on some measures for the stimulation of peasantry.
The provisions of the preceding paragraph also apply to persons from co-operative areas who did not cooperate.
Art. 23. The intravilan lands that have been assigned by cooperatives, according to the law, co-owners or other persons entitled to house and household annexes, remain and are registered in the ownership of the current owners, even if the attribution was made from the taken land, indifferent in what way, from the former owners.
Former landlords will be compensated with an equivalent land area, in the city, or, if not, with extra-urban land in the immediate vicinity.
Art. 24. If the agricultural cooperative of production has awarded lots to the use of co-operators, in the local gardens of the former owners, such land is legally owned by the original owners.
Persons who have received land under the conditions of the preceding paragraph and which have made investments are entitled to compensation equal to their equivalent if they can not be lifted.
Art. 25. The lands located inside the locality, belonging to the co-workers or other persons who have died in both cases without heirs, shall pass into the property of the commune, the city or the municipality, as the case may be, and in the administration of the mayoralties, in order to be sold, or put into use by those who request to build their homes and have no land or for the location of social-cultural or productive objectives, according to the law, or for the compensations provided by art. 2. 3.
Until performing the operations provided for in paragraph 1, the land will be registered and used according to its intended purpose.
Art. 26. For the eligible areas, according to the present law, entitled titles shall be issued with property titles, taking into account, where appropriate, their option to exploit the land individually or in different forms of private association, in whole or in part , on the basis of which these take place.
Upon the dissolution of the agricultural production cooperative, a winding up commission established within 15 days from the date of entry into force of this law, by decision of the prefecture, at the proposal of the mayor, shall proceed within 9 months from the dissolution of the cooperative to the realization of the asset; to the payment of the liability, under the conditions provided by the law.
Art. 27. The liquidation commissions provided by art. 26 have the obligation to ascertain and establish any facts of violation of the law, to take measures for the recovery of damages, according to the law, and to notify, if necessary, the criminal prosecution bodies.
The sums recovered under the preceding paragraph is actively liquidated and follows the destination of those stipulated in art. 26.
Upon the expiration of the term stipulated in art. 26, the commissions will present the liquidation balance sheet and the explanatory report to the specialized body of the prefecture or of the Bucharest City Hall, invested with financial control attributions, according to the law, for discharge.
The state debt and other legal acts remaining after the winding-up operations, drafted by the commission, will be approved and centralized by the Ministry of Finance, after which the Government will submit them to the Parliament with proposals for resolving them.
Art. 28. Agrozootechnical constructions, small industrial workshops, machines, machinery and other similar fixed assets belonging to the dismantled production cooperative, as well as the lands under them, as well as those necessary for their normal use, plantations of vineyards and trees and the animals become the property of the members of the private associations with legal personality, if they are to be established.
The rights of the former co-operators on the goods referred to in paragraph 1 shall be set in the value quota, proportional to the surface of land brought in or taken in any way in the cooperative and the volume of work performed. Associate members will constitute these rights as a contribution in nature to the new association.
Former co-operatives who do not become members of this association will be entitled to claim rights in proportion to their share value in the cooperative's assets if they have not been covered in any other way. Payment of the receivables will be made by the association, in kind or in cash, according to the decision of the winding-up commission.
In the absence of such associations, the goods and animals provided for in paragraph 1 will be sold by public auction to natural or legal persons, and the price paid to pay the debts of any kind of the former cooperative. Exceptions include cattle and sheep, as well as plantations of trees and trees, which will be attributed to former co-operatives.
Within 9 months after the dissolution of the cooperative, the monetary rights of each former co-operating member shall be established by the liquidation commission established according to art. 26 par. 2.
Former co-operating members will receive the appropriate share of the auctioning of common assets, in proportion to the land surface of the cooperative in arable equivalent, and the value of the work done.
The goods referred to in paragraph 1, which do not sell within one year from the date of the dissolution of the cooperative, pass into the private property of communes, towns and municipalities where they are located, without any compensation, and in the administration of the mayoralties.
Demolition of agro-technical constructions, maintenance workshops, household and small-scale installations and annexes, subject to paragraph 1, is prohibited. By exception, if they are degraded or for any other reason can not be used, they may be dismantled with prefecture authorization, and the materials will be capitalized by the mayors, with the resulting amounts entering the asset of the liquidation operations.
Buildings affected by social or cultural use pass publicly without payment in the ownership of communes, cities or municipalities and in the administration of mayoralties.
Art. 29. Intercooperative or state co-operative associations of any profile may be reorganized into joint stock companies within 90 days of publication of the law.
The land and other assets brought by the cooperative in the association, as well as the assets acquired by it, become the property of the company, and the co-owners and other persons entitled to re-establish their ownership over the lands belonging to the company, as well as its employees, may become shareholders according to the law.
Where some co-operatives or other persons entitled under paragraph 2 shall not opt to become shareholders of the commercial company, they shall be determined their right to property, according to the provisions of art. 13 and 14 of the present law, of the lands not brought by the cooperative in the association.
In localities where these possibilities are not available, some inefficient farms of the association may be abolished. The decision on this issue is adopted by the county commission on the proposal of the municipal, municipal or municipal commissions, as the case may be.
The provisions of art. 33 shall apply accordingly.
Art. 30. The land owned by the state in exploitation of the cooperatives is at the disposal of the commissions stipulated in art. 11, for the purpose of assigning them to the right of the persons entitled under the law.
Unassigned land remaining at the disposal of the commission will be taken over by mayors for rent or lease to those who wish to exploit them.
Art. 31. The land assigned according to art. 18 par. 1, art. 20 and art. 39 can not be alienated through acts of living for 10 years counted from the beginning of the year following that in which the registration of the property was made under the sanction of the absolute nullity of the act of alienation.
A declaration of invalidity may be brought to justice by the City Hall, the Prefecture, the Prosecutor, and any interested person.
Art. 32. The land from the former communal lawns - pasture and arable - which have been used by the agricultural production cooperatives - pass into the private property of the communes, towns or, as the case may be, of the municipalities and in the administration of the mayoralties, being used as communal pastures and for the production of fodder crops and seeds for fodder crops.
Art. 33. Persons who have received land under the present law, on which plantations of vines and trees are executed, shall reimburse the difference of credit left over from the payment corresponding to the area received. Reimbursement is made in cash or agricultural products within the reimbursement period to which the agricultural cooperative was obliged to produce.
The land improvement works on the received land, including the related protection areas, are owned by the specialized units for the exploitation of such works, under the conditions of the law.
Art. 34. The land owned by the state shall be those areas entered into its patrimony in accordance with the legal provisions existing up to January 1, 1990 and registered as such in the system of evidence of the general land cadastre and forestry arrangements.
State-owned land managed by scientific research institutes and resorts dedicated to the research and production of seeds and planting material of superior biological categories and of breed animals belong to the public domain and remain in their administration.
The provisions of the previous paragraph also apply to state-owned land used at the date of the present law by the agricultural or forestry education units that are under their management.
Art. 35. The land owned by the state, located within the localities and which are in the administration of the mayor's offices, at the date of the present law, pass the property of the communes, towns or municipalities, following the legal regime of the lands stipulated in art. 25.
The state-owned land located within the localities, assigned according to the law, for the eternal use or for use during the existence of the construction for the construction of the personal property dwellings or for the purchase of such dwellings from the state pass, at the request of the current owners of the dwellings owned by them, wholly or, as the case may be, proportional to the share held in the construction.
The lands assigned to use during the existence of the construction of their acquirers, as a result of taking over the land related to the constructions, under the provisions of art. 30 of the Law no. 58/1974 on the systematization of the territory and of the urban and rural localities, are transferred to the owners of the right to use the land, the owners of the dwellings.
The provisions of art. 22 applicable rates.
The lands without building, unaffected by systematization details, from the localities of the localities, administered by the mayors, considered state property by applying the provisions of the Decree no. 712/1966, shall be returned to the former owners or to their heirs, as the case may be, upon request.
Assigning the land provided for in paragraph 2-5 will be made, by decision of the prefecture, at the proposal of the mayoralties, based on the verification of the legal situation of the lands.
Article 36. Persons whose agricultural lands have been transferred to state ownership as a result of special laws other than those of expropriation and which are in the administration of state agricultural units become shareholders of the companies set up in the basis of the Law no. 15/1990 of the current state agricultural units. The heirs of these people also benefit from the same provisions.
The application shall be submitted, within 30 days from the entry into force of this law, to the mayoralty in whose territory the terrain is situated.
The number of shares received shall be proportional to the land area in arable equivalent of the state's property, but may not exceed the value of 10 hectares of land in arable equivalent.
The provisions of this article do not benefit persons whose land was seized as a result of criminal convictions, except for the persons specified in Decree-Law no. 118 of 30 March 1990 on the granting of rights to persons persecuted for political reasons by the dictatorship set up with effect from 6 March 1945.
Art. 37. The agricultural lands without any constructions, installations, facilities of public interest, entered into state property and administered by the mayors on the date of this law, shall be returned to the former owners or their heirs, without exceeding the surface of 10 ha of family , in arable equivalent.
Land reimbursement shall be made, on request, under the conditions of Art. 10 of the present law, by decision of the prefecture, at the proposal of the mayoralty.
The provisions of art. 36 par. the last one is applied accordingly.
Art. 38. In the areas with a deficit of land where the land of the former owners is owned by the state and they do not opt for shares under the conditions of art. 36 and they can not be assigned to the heirs or heirs the minimum area provided by the present law, the county commissions will decide the assignment of an area of 5,000 square meters of the family, in arable equivalent, upon request, of the land owned by the state.
For the difference of land up to which the former owners or their heirs are entitled, according to the present law, the provisions of art. 36.
Land areas on which investments have been made, other than land improvements, can not be attributed.
Plantations of vines or trees may be affected in such cases only if there is no land in another category of use to be assigned to property.
Art. 39. In the mountain area - deprived of natural factors such as climate, altitude, slope, isolation - a land area of up to 10 ha in arable equivalent can be allocated on request to the young peasant families from the mountain agricultural environment, have the necessary skills and commit themselves in writing to create households, to manage livestock and rationally exploit the land for this purpose.
The land referred to in the previous paragraph is granted from the land resources available to the mayoralties.
The ownership of the land is made by the prefect's decision at the proposal of the mayoralties.
Art. 40. The terrains from the former communal sheds transmitted to the state units and which are currently used as pasture, fine and arable land will be returned to the communes, towns and municipalities, as the case may be, and to the administration of the mayoralties, in order to be used as communal pastures and for the production of fodder crops or fodder crops. Exceptions are the areas occupied by vineyards, trees, forage seeds, helestee, lakes or those destined for the production of vegetables, fruits, raw materials for canning factories, rice fields and experimental fields, for agricultural research, which will be compensated in equivalence by the Ministry Agriculture and Food.
Art. 41. The lands with forest vegetation, forests, dwellings, bushes, forested pastures, belonging to natural persons and which, by the effect of special laws, have been transferred to state property, shall be returned, upon request, to the former owners or their heirs, in an area equal to the one owned by the state but not more than 1 ha. The provisions of art. 42 and art. 47 shall apply accordingly.
If on the land surfaces to be assigned under the previous paragraph are forest constructions or landscaping or are in the execution or in the design phase, other land areas will be assigned, under the same conditions.
The surface areas attributed in the conditions of par. 1, together with the agricultural area in arable equivalent, reconstituted according to the present law, may not exceed 10 ha of family.
The lands referred to in par. 1 will be managed and exploited in forestry, according to the law. These surfaces will be provided from isolated bodies or at the edge of the forests.
Article 42. Romanian citizens domiciled abroad and former Romanian citizens who re-acquire Romanian citizenship may benefit from the provisions of this law if they establish their domicile in the country.
The persons referred to in paragraph 1 who have not submitted requests for the reconstitution or establishment of the property right under the provisions of art. 10 may contact the Agency for Development and Rural Development to rent, lease or sell land.
Art. 43. The persons who have been granted property rights over the agricultural lands shall be obliged to comply strictly with the conditions stipulated in art. 18, 20 and 39 of the present law, regarding the establishment of the domicile and the founding of new households.
Failure to comply with these conditions results in the loss of ownership of the land and construction of any kind made on it. The land will not be compensated, and the landlord will receive compensation equal to their real value.
The body empowered to identify these situations is the Agency for Rural Development and Development, in whose management the respective land and buildings are managed.
Art. 44. The territorial delimitation of the new properties resulting from the application of the present law starts from the current organization of the territory and is based on parcel projects drawn up by the specialized bodies.
Art. 45. Private property land, irrespective of its owner, is left in the civil circuit. They may be acquired and alienated in any of the ways established by civil law, in compliance with the provisions of this law.
Art. 46. The lands located inside and out of the country can be alienated, irrespective of the extent of the surface, through legal acts between vineyards, concluded in an authentic form.
In all cases of acquisition, by legal acts between vineyards, the property of the acquirer can not exceed 100 ha of agricultural land in arable, family equivalent, subject to the absolute nullity of the act of alienation.Art. 47. Natural persons who do not have Romanian citizenship and domicile in Romania, as well as legal persons who do not have Romanian nationality and have their headquarters in Romania, can not acquire land of any kind through acts between vineyards.
The persons referred to in the previous paragraph, who acquire land by inheritance, shall be obliged to alienate them within one year from the date of the acquisition, under the sanction of their free transfer to state ownership and administration of the Agency for Rural Development and Rural Development.
The persons referred to in paragraph 1, who have acquired land before the date of entry into force of this law, shall be obliged to alienate them within one year from this date, under the sanction of the free transfer of land in state ownership and in the administration of the Development Agency and Rural Enhancement.
Article 48. The intrusion of agricultural land out of town through sale can be done by exercising the preemption right.
The right of preemption to alienation of any agricultural land in the extravilan is the co-owners, if any, and then the neighboring owners and is exercised through the Agency for Rural Development and Development.
The owner of the land to be sold is obliged to inform the Agency for Rural Development and Rural Development and this will communicate in writing the persons stipulated in par. 2 about the intention, within 15 days from the date when she was acquainted.
The holders of the preemption right are obliged to decide on the exercise thereof within 30 days from the date of receipt of the communication.
After this deadline, the preemption right for co-owners or neighboring owners is deemed to be extinguished.
The right of preemption to the land estrangement rests with the state through the Agency for Rural Development and Rural Development, which is obliged to pronounce within the term stipulated in par. 4.
If the agency does not pronounce within this deadline, the land is freely sold.
Art. 49. The alienation act concluded with the violation of the preemption right provided by art. 48 is cancellable.
Art. 50. The agricultural lands in extravilan can not be subjected to forced or voluntary execution except in the cases provided by the law.
Art. 51. The exchange of land between individuals is made by their agreement, by authentic act, the provisions of art. 46 being applicable.
The exchange of land between legal entities that have land management over which the state has the majority of shares or between them and individuals is made only with the approval of the Ministry of Agriculture and Food or the Ministry of Environment, as the case may be.
Through the exchanges, each land acquires the legal status of the land it replaces, respecting the real rights.
Art. 52. The possession of the new owners according to art. 51 par. 2 shall be made by the delegate of the county office of cadastre and territorial organization, in the presence of the interested parties, by working in the cadastral documents and in the agricultural register the changes occurred.
Art. 55. All landowners assigned to use under the present law, who fail to fulfill their obligations under art. 53, shall be summoned in accordance with art. 54 par. 1.
For those who do not attend the meeting and do not fulfill their obligations, according to art. 54 par. 2.
After a period of 2 years I lose the right to use.
Art. 56. The use of the arable land of legal persons in other categories of agricultural use may be changed with the approval of the county specialized agricultural organs only in the following cases:
a) the arable land situated in hilly areas, which constitute the enclaves of vineyards and orchards, from the established vineyards and fruit basins, established by the specialized bodies of the Ministry of Agriculture and Food, can be transformed into vineyards and fruit-growing;
(b) the arable land in the areas to be used for the addition of vineyards intended for table grapes and raisins and the fruit-growing basins for peach and apricot cultivation established by the specialized bodies of the Ministry of Agriculture and Food may be transformed into vineyards and orchards;
c) arable land with sandy soils can be arranged and transformed into vineyards and orchards;
d) arable land located in hilly and mountainous areas on non-cannable slopes, affected by surface and deep erosion, active or semi-stabilized landslides, which can no longer be improved and maintained for this purpose, can be arranged and transformed into pastures and fines;
e) the arable land located in the banks of the rivers and the Danube, which can not be used for other agricultural purposes, can be arranged in piscicultural basins.
Art. 57. The change of the category of use of the arable land, other than those stipulated in art. 56, pastures, fines, vineyards and orchards owned by legal entities in which the state holds the majority of shares will be approved by the Ministry of Agriculture and Food.
The change of the category of forestry, forests, marshland, shrub crops, held by legal persons is approved by the Ministry of Environment.
The change of the use of the agricultural lands that constitute monument protection areas is made with the consent of the National Commission of monuments, ensembles and historical sites.
Art. 58. The protection and improvement of the soil is accomplished through works to prevent and combat the degradation and soil pollution processes caused by natural phenomena or caused by economic and social activities.
The necessary works for the protection and improvement of the soil are established on the basis of studies and projects, elaborated on request by specialized research and design bodies, in correlation with those of landscaping and organization, and are executed by the landowners or by their care , by units specialized in the execution of such works.
The state supports the implementation of the soil protection and improvement works, partially or totally supporting the expenditures within the approved budget allocation based on the substantiation notes elaborated by the research and design units, approved by the county specialized agricultural organisms and approved by the Ministry of Agriculture and Food .
Art. 59. For the coordinated realization of works of common interest, according to the needs of agriculture, forestry, water management, communication, human settlements or other economic and social objectives, the technical-economic and ecological documentation shall be elaborated jointly by the interested parties . The documentation will determine the contribution of the interested parties and the order of execution of the works.
Art. 60. The works for the regulation of water leakage on the slopes and torrent correction, which serve to protect and preserve the works of irrigation, indigestion, drainage, accumulation lakes or other hydrotechnical works, communication routes, economic and social objectives will be executed concurrently with the basic works.
Art. 61. The lands that through degradation and pollution have lost, in whole or in part, the production capacity for agricultural or forestry crops will be constituted in the improvement area.
The land groups entering the improvement areas are established by the Ministry of Agriculture and Food and the Ministry of Environment, on the proposals based on the cases submitted by communes, cities and municipalities.
The delimitation of the improvement areas is made by a committee of specialists whose composition and operating rules are established by the Ministry of Agriculture and Food and the Ministry of Environment.
The documentation prepared by the county agricultural and forestry bodies and environmental protection bodies is submitted to the Ministry of Agriculture and Food, which, together with the interested ministries and departments, will establish the design, financing and execution programs.
Art. 62. The owners are obliged to make available the lands in the improvement area in order to apply the measures and works provided in the improvement project, preserving the ownership right.
Inclusion by the City Hall of a particular plot of land in the above mentioned category can be done with the consent of the owner. If the owner does not agree, the mayor makes motivated proposals to the prefect, who will decide.
Art. 63. In the interest of the work of torrents correction and water management, the state may exchange equivalent land with the owners of the perimeter, when on their land there shall be executed permanent development works. The exchange is done only with the consent of the owners, by an authentic act, registered in the land cadastre documents.
Art. 64. The degraded and polluted lands, included in the improvement area, are exempt from taxes and taxes to the state, county or commune, as long as they improve.
Art. 65. The execution on the land of the landscaping works and the devaluation of the degraded lands in the improvement areas are made by specialized units, depending on the specifics of the works.
The works that are being done for the consolidation of the land, such as: terraces, modeling, leveling, soil fixing, grasshoppers, woods, torrents and fencing corrections, roads, bridges, permanent bridges are done on state expenditures, according to the improvement project.
Art. 66. Degraded landowners, even if they are not included in a perimeter of improvement, who, individually or in association, want to make their own initiative of grassing, afforestation, correction of soil reaction or other improvement works on their land , the state will provide free of charge the necessary material - grass seeds, seedlings, amendments and technical assistance for the execution of the works.
Holders who have received materials for brothel, woodland and amends and have not used them for the purpose for which they have been required to pay their value.
Art. 67. The funds necessary for the research, design and execution of the works provided for the improvement, improvement and valorisation of the degraded and polluted lands within the perimeter shall be ensured, according to the specifics of the works, by the Ministry of Agriculture and Food, The Ministry of Environment and other interested ministries, from the amelioration fund and budget allocations.
The necessary funds can be increased through the participation of communes, towns, municipalities and counties, the contribution to work or money of all those interested in these works, the owners of the land, the inhabitants who derive direct or indirect benefits from these improvements and the institutions, the regiments whose works of art, roads, bridges, railways, constructions and the like benefit from the advantages of landscaping and landscaping.
If it is proven that certain areas have been removed from agricultural or forestry production by soil degradation or pollution, by the culpable deed of natural or legal persons, the owners, the mayoralty or the agricultural or forestry organ may request that the culpable the cost of land reclamation and improvement work.
Art. 68. The Ministry of Agriculture and Food, the Ministry of Environment, together with the Agricultural and Forestry Academy, will take measures to develop the national surveillance, assessment, prognosis and warning system on the state of agricultural and forestry soil quality based on an information system with the provision of data banks in the country and the county and will propose the necessary measures for the protection and improvement of the lands in order to maintain and increase the production capacity.
Art. 69. Temporary or final use of land from agricultural and forestry production, for purposes other than agricultural and forestry production, is done only under the conditions provided by the law.
Art. 70. The placement of new constructions of any kind is made in the urban areas.
By exception, some buildings that by their nature can cause environmental pollution effects may be located outside the city.
In this case, the sites will be established on the basis of ecological studies, endorsed by the specialized environmental protection bodies.
Also, constructions that are by nature not fit into the building, as well as animal shelters, are exceptional.
Art. 71. The placement of any type of construction on the first and second-class out-of-farm agricultural land, those with land improvement works, as well as those planted with vines and orchards, national parks, reservations, monuments , archaeological and historical ensembles are forbidden.
Exceptions from the provisions of the preceding paragraph are constructions serving military activities, railways, highways, high voltage power lines, drilling and equipping of wells, oil and gas operations, gas or oil mains , water management and water supply.
The final removal of the agricultural and forestry land is paid by the holders of the approval, the value to the owners and the taxes provided in Annexes no. 1 and 2. Of these taxes, the "Land Fund Improvement Fund" is set up at the disposal of the Ministry of Agriculture and Food and the Ministry of Environment.
For land plots definitively set aside for agricultural and forestry activities, land improvement works, regularization of watercourses, construction of drinking water sources and meteorological objectives are not due to the fees provided for in the previous paragraph.
Art. 72. For the temporary removal of land from agricultural and forestry production, the holder of the approval is obliged to deposit a money guarantee equal to the fee provided for the definitive removal of the agricultural land in the "Fund for the improvement of the land fund".
After the fulfillment of the stipulated obligations regarding the rendering of the land, the confirmation of the agricultural or forest county organs and the land owner, the holder will receive the deposit.
If the holder of the approval fails to perform the quality works and the deadlines stipulated in the approving documents, the specialized agricultural or forestry body, on the basis of the factual fact finding, has to execute the reproduction works with the expenses of the submitted guarantee.
If the holder of the approval fails to execute the works within a new term and to the quality established by the agricultural or forestry body, the entire guarantee shall remain in the "Fund for the improvement of the land fund". Art. 73. The final or temporary use of agricultural land for purposes other than agricultural production is approved as follows:
a) by county agricultural organs, through the cadastral office and organization of the county or Bucharest municipality, for agricultural land up to 1 hectare. The approval for any extension of this land area is given by the Ministry of Agriculture and Food;
b) by the Ministry of Agriculture and Food, for agricultural land of up to 100 ha;
c) by the Government, for agricultural land whose surface exceeds 100 ha.
Art. 74. The final use or temporary use of forest land, for purposes other than forestry, is approved by the county forest authority, up to 1 hectare, by the Ministry of Environment, for plots up to 100 ha, and by the Government, for those that go beyond that surface.
Art. 75. The approval provided in art. 73 and 74 is subject to the prior consent of landowners. Also, in order to obtain the approval provided in art. 73 lit. b) and c) and art. 74 is required the approval of the County Agricultural and Forestry Bodies and of Bucharest Municipality, as the case may be.
Art. 76. Upon approval by the Government, the opinion of the Ministry of Agriculture and Food for agricultural lands and of the Ministry of Environment for forests and water and, where appropriate, of the Ministry of Culture, for the protection of monuments shall also be submitted.
Art. 77. The localities of the settlements are the one existing on 1 January 1990, as evidenced in the land cadastre; it can only be modified under the terms of the law.
Art. 78. The lands of the abandoned watercourses, made available after the regularization works, shall be arranged for the agricultural production, fishery or, as the case may be, for forestry, with the basic works executed by the owners.
Art. 79. Holders of investment or production objectives located on agricultural and forestry lands shall be obliged to take preliminary measures for the execution of the construction of the objectives, the removal of the fertile soil layer on the approved site surfaces, to be deposited and to leveling on non-productive or poorly productive land, indicated by the agricultural or forestry organs, for the purpose of making them worthwhile or improving them.
Storage can only be done with the consent of landowners. They can not be required to pay for the amount of money thus obtained and can not claim damages for the period of non-use of the land.
Art. 80. Holders of investment or production works that have land that they no longer use in the production process, such as those resulting from the excavation of raw materials - coal, kaolin, clay, gravel - abandoned wells and the like , are obliged to take the necessary measures of leveling and leveling, giving them an agricultural use, and if this is not possible, a fishing or silvicultural use.
Beneficiaries of the works referred to in paragraph 1 they will no longer be allowed to remove other land from agricultural or forestry production if they have not complied with the provisions of this article.
The execution of these works is done by specialized units of the Ministry of Agriculture and Food and the Ministry of Environment, from the funds provided to the beneficiaries, according to the law.
Art. 81. Telecommunication and transmission and distribution lines, transport pipelines for water supply, sewerage, oil products, gas, and other similar installations shall be grouped and located along and adjacent the roads, the roads, the railways, the dams, the irrigation and drainage channels and other imposed boundaries from the territory so as not to hinder the execution of the agricultural works.
The approval of the occupation of the land in such cases is given by the cadastral office and the organization of the county or Bucharest territory, regardless of the size of the necessary surface, based on the consent of the owners.
Approval under conditions other than those set out in paragraph 1 shall be given by the bodies provided by art. 73 and 74.
Art. 82. The occupation of the lands necessary to remedy the disturbances in case of damage and execution of maintenance works to the objectives stipulated in art. 81, which are urgent and are executed within a period of up to 30 days, shall be made on the basis of the prior agreement of the landholders or, in case of refusal, with the approval of the county prefecture or of the Bucharest City Hall.
In all cases, landholders are entitled to compensation for the damage caused.
Art. 83. The organization and arrangement of the agricultural territory has the task of creating the conditions for better use of land for agricultural production and is carried out on the basis of studies and projects at the request of the owners, solving the following problems:
a) to correlate the development of the agriculture in the area with the other economic and social activities, establishing measures that will lead to the increase of the agricultural production and the overall exploitation of the territory;
b) clustering of the land on the owners and destinations according to the ownership structures and the forms of cultivation of the land, resulting from the associations, the establishment of the perimeters of each property, joining the dispersed lands and rectifying the non-located boundaries;
c) development of studies and projects for organization and arrangement of agricultural holdings;
d) establishing the network of agricultural roads as a complement of the network of roads of general interest, integrated in the organization and arrangement of the territory, in order to carry out the transport of the production and access of the agricultural machinery necessary for the production process.
Art. 84. The studies and the projects of organization and arrangement of the agricultural territory are elaborated by the specialized, central or county research, design and research units, and are submitted to the landowners' discussion in the area concerned. In case of their adoption by the majority of the votes of the owners who own 2/3 of the surface and approval by the county agricultural organs, the application of the stipulated measures and works becomes obligatory for all the owners.
Article 85. The violation of the provisions of the present law raises civil, contraventional or criminal liability, as the case may be.
Art. 86. The degradation of the agricultural and forest lands and their surroundings, the destruction and degradation of agricultural crops, land improvement works, geographically and topographically landmarks and landmarks, historical monuments and archeological sites and complexes or the prevention of conservation measures of such goods, as well as the removal of these measures, constitute crimes of destruction and are punished according to the provisions of the Criminal Code.
Art. 87. The occupation of all or part of lands of any kind, the establishment or the movement of landmarks and markers without approval received under the law shall constitute crimes of property disorder and shall be punished according to the provisions of the Criminal Code.
Art. 88. The following acts are contravened to the norms regarding the evidence, protection, use and improvement of the agricultural or forest lands, if they are not committed under such conditions, which, according to the criminal law, constitute crimes:
a) making land exchanges and changing the land use category from upper to lower, as well as the permanent or temporary use of agricultural and forest land for purposes other than agricultural and forestry production;
b) the non-declaration to the county cadastre bodies by the owners, within 30 days from the approval, of land exchanges and the change of their use category, as well as the data regarding the size of the areas and the category of use of thereof;
c) the failure of the landowners and the persons authorized to preserve in good conditions the geodetic, topographic, land-level, landmark, pyramid and signaling beacons of the geodetic points and their degradation and destruction;
d) non-realization of the fertile soil layer by the beneficiaries of the land prior to the execution of the works for the location of the objectives and the non-depositing of this layer on the surfaces established by the agricultural organs, as well as the failure to take measures for the landscaping and leveling of the lands remaining after the excavation of coal, kaolin, clay, gravel, abandoned wells and the like;
e) the location of any kind of objects, with the exception of those stipulated in art. 71 of the present law, on the lands located in extravilan, without the approvals and approvals stipulated by the law;
f) the occupation and use of land approved to be permanently or temporarily removed from agricultural production before being delimited, bred and taught;
g) degradation of land and crops by the storage of gravel, debris, sand, prefabricated, metallic, waste, household waste, rubbish and the like;
h) failure to take appropriate measures by legal or natural persons to avoid the disturbance of the neighboring lands through the residues from the production activity and leaks of any kind.
Art. 89. The contraventions stipulated in art. 88 of the present law shall be sanctioned as follows: a) those from lit. a) - c), with a fine of 10,000 to 20,000 lei;
b) those from lit. d) - h), with a fine from 20,000 to 50,000 lei.
Article 90. Sanctions may also apply to legal persons.
When applying the sanctions, besides the circumstances stipulated by the law, the size of the surface, the category of use and the fertility class of the affected land shall also be taken into account.
Article 91. The finding of contraventions and the application of sanctions shall be made by the experts empowered for this purpose by the Ministry of Agriculture and Food and the Ministry of Environment, by the prefects of the prefectures and the agricultural and forestry organs of the county and the municipality of Bucharest, as well as by the mayors.
By establishing the offense, the previous situation is restored and the guilty parties are compensated.
Art. 92. Insofar as this law does not have the same, the contraventions stipulated in art. 88 the provisions of Law no. 32/1968 regarding the detection and sanctioning of contraventions.
Art. 93. The municipal, municipal and municipal commissions, established according to art. 11, within 30 days from the entry into force of this law, shall carry out the works and the operations provided by the law in their competence, submitting the entire documentation to the county commissions for the issuance of the titles of ownership for the situations stipulated in art. 8, art. 14, art. 15, art. 16, art. 18 par. 1 and 2, art. 20, art. 21, art. 22, art. 23, art. 24, art. 25, art. 28, art. 32, art. 35, art. 38, art. 39, art. 40, art. 41 and art. 95, as well as the necessary operations to take possession of.
At the same time, for the situations provided in art. 18 par. 3 Communal, municipal and municipal committees will determine the areas to be assigned to use, and mayors will make decisions in this regard.
In the cases provided by art. 16, art. 29 par. 2 and art. 36, the county commissions, at the proposal of the communal, municipal and municipal commissions, as the case may be, shall issue decisions for the rightholders to set their right to shares.
The decision of the county commission shall be sent to the interested natural persons and to the commercial company concerned within the time limit stipulated in paragraph 1.
Communal, municipal and municipal commissions cease their activity by decision of the prefecture, and the county and Bucharest commissions, respectively, by a Government decision.
Art. 94. During the municipal, municipal and municipal commissions, as well as the liquidation commissions, their members with a labor contract are considered delegates and the other members of the commission receive an indemnity which will be established by the law enforcement regulation .
Art. 95. The specialized personnel provided under art. 8 of Decree-Law no. 43/1990 on certain measures for the stimulation of the peasantry and economic activity of the cooperative and state agricultural units, which has been operating in the cooperative agricultural units dismantled or reorganized in commercial companies, benefits from the provisions of art. 18 par. 1 times art. 20 of the present law.
Art. 96. Historical monuments, vestiges and archaeological objectives, treasures revealed on the ground or in the basement are under the protection of the law.
Owners and landowners are obliged to ensure their integrity, to notify state bodies and to allow research and conservation work.
Land owners will be compensated for damage suffered and lands taken in the public domain, in cash, or with equivalent land, as the case may be.
Article 97. Natural persons to whom the right to property has been restored or constituted.
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