New regulations on the sale and purchase of agricultural land located in the city limits, the privatization of companies holding land in public ownership and private management of the state of agricultural and establishing SDA

In the Official Gazette of Romania, Part I, no. 178 of 12 March 2014 was published the Law no. 17/2014 regarding some measures to regulate the sale and purchase of agricultural land located in the city limits and amending Law no. 268/2001 regarding the privatization of the companies that own land in public ownership and private management of state establishment of agricultural and State Domains Agency (called the “Law”).

Normative act aims are to:
– ensure food security, protect national interests and natural resources, consistent with the national interest;
– establish some measures regulating the sale and purchase of agricultural land located in the city limits;
– consolidation of agricultural land in order to build economically viable mining areas.

Law applies to both Romanian citizens, citizens of a EU Member State, the States which are party to the European Economic Area Agreement (EEAA) and the Swiss Confederation and stateless persons residing in Romania, an EU member state in a State party to the EEAA or the Swiss Confederation and legal persons having Romanian nationality, an EU Member State, the States party to the EEAA or the Swiss Confederation.
Citizens and legal persons listed above, except those residing in Romania, may acquire agricultural land in Romania on the basis of reciprocity.
However, citizens of third countries and stateless persons resident domiciled in a third State and legal persons having the nationality of a third country may acquire ownership of agricultural land located in the city limits as regulated by international treaties, reciprocal, under the law.

Regarding the exercise of the right of first refusal in case of alienation by sale of agricultural land located in unincorporated, it is governed by the substantive and procedural conditions stipulated by the Civil Code and the right of first refusal of the co-owners, lessees, owners neighbors, and and the Romanian state, by the Agency of State Domains, in this order, the price and equal, land registry certificate making full proof of good faith.

Law regulates in detail a number of issues, such as:
– derogatory procedure;
– classification of land that can be sold only with the special approval of the Ministry of National Defence;
– alienation procedure of agricultural land in city limits on which there are located ranked archaeological sites;
– duties and powers of municipalities, the Ministry of Agriculture and Rural Development and its territorial structures;
– first refusal enforcement proceedings.

Violation of law means administrative, contravention or civil prosecution. The law establishes that the facts constituting the offense, they could be fined between 50,000 lei – 100,000 lei.

The provisions of the Law shall not apply to alienation between relatives up to the third degree inclusive.
Methodological norms will be made ​​within 7 days of the entry into force of the Law.

Law enters into force 30 days after its publication in the Official Gazette, 3/12/2014.

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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