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OFFICIAL TRANSLATION

 

REPUBLIC OF LITHUANIA

LAW ON LAND

 

26 April 1994 No. I-446

(As last amended on 28 June 2007 – X-1242)

Vilnius

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Purpose of the Law

1. This Law shall regulate the relations of ownership, management and use of land as well as land use planning and administration in the Republic of Lithuania.

2. Implementing the land use planning and administration policy, land relations shall be regulated in such manner as to create the conditions for satisfying the needs of the society, natural and legal persons to rationally use the land and engage in economic activities maintaining and improving the natural environment, natural and cultural heritage, and to protect the rights of ownership, management and use of land.

 

Article 2. Definitions

1. Principal specific purpose of land use shall mean the principal direction of land use determined by natural characteristics of the territory, traditional human activities and the need for socio-economic development stipulated in the territorial planning document and determining the conditions of planning such territory and land use.

2. Rational agricultural landholding shall mean the landholding the territorial forms and the internal structure whereof create favourable conditions for economically efficient and sustainable agricultural activity.

3. Landmark shall mean a mark establishing the boundaries of a land parcel in the area and complying with a standard set by an institution authorised by the Government and legally protected in accordance with the procedure laid down in legal acts.

4. Special land use conditions shall mean restrictions on economic and/or any other activities established by laws or Resolutions of the Government that depend on geographical position, adjacencies, the principal specific purpose of land use, the method and nature of the use of a land parcel and the needs of the structures located on the land parcel as well as the environmental needs.   

5. Farm holding shall mean an agricultural entity registered in accordance with the procedure laid down in the Law on a Farm Holding of a Farmer or established accordance with the procedure laid down in other legal acts and engaged in agricultural activities.  

6. Land shall mean a part of the crust of the earth (lithosphere) covering areas of dry land and internal and territorial waters located on the surface of the territory of the Republic of Lithuania and defined by natural and economic characteristics. 

7. Land administration shall mean the activities of state and municipal institutions during which the requirements for land use planning and the use of land as well as those for the creation and maintenance of land information system stipulated in legal acts are implemented.

8. Land information system shall mean a system for collection, processing, storage and distribution of information about land (land resources).

9. Land consolidation shall mean a constituent part of land use planning process during which a complex reparcelling of land parcels is performed - their boundaries are changed in accordance with the developed land consolidation plan with a view to increasing the size of land parcels, forming rational agricultural landholdings and improving their structure, creating the required rural infrastructure and attaining other objectives and tasks of agricultural and rural development and environmental policy.

10. Land use shall mean areas of land differing from other areas of land by their characteristic natural properties or peculiarities of economic use.

11. Land user shall mean the owner of the land or any other natural or legal person who uses the land on the basis stipulated in laws, administrative acts, court decisions, contracts or other legislative basis.

12. Taking the land for public needs shall mean buying out of land (upon adequate compensation) from the owners of land where the county governor takes a decision that the land is required for public needs.

13. Land easement shall mean the right to a land parcel, or a part thereof, belonging to someone else that is granted to use this land parcel, or a part thereof, (the servient object) or a restriction of the land owner’s right to use the land parcel to ensure proper utilisation of the object in favour of which the easement is established (the dominant object).

14. Land parcel shall mean a part of a territory having fixed boundaries, cadastral data and registered with the Immovable Property Register.

15. Method of the use of a land parcel shall mean activity stipulated in the territorial planning documents and permitted on the land of principal specific purpose of land use.

16. Nature of the use of a land parcel – specific features of activity permitted to be carried on a certain land parcel in accordance with the procedure laid down in legal acts.  

17. Boundary of a land parcel shall mean the boundary between the adjacent land parcels marked by landmarks or coinciding with stable elements of the landscape and graphically marked on the plan of a land parcel.

18. Amalgamation of land parcels shall mean a change of the common boundary of land parcels where a part of the land parcel is partitioned and attached to another land parcel without forming separate land parcels.

19. Partition of land parcels shall mean a way of forming and reparcelling of land parcels where, at the request of one or several co-owners of a land parcel owned by the right of common ownership, the parts of the land parcel that belong to these co-owners are partitioned and separate land parcels are formed.

20. Formation and reparcelling of land parcels shall mean the entirety of land use planning actions covering the design of land parcels, marking of the boundaries of these land parcels in the area, collection of cadastral data and their entry in the Immovable Property Cadastre.

21. Division of land parcels shall mean a way of forming and reparcelling of land parcels where one land parcel is divided into two or more land parcels.

22. Merging of land parcels shall mean a way of forming and reparcelling of land parcels where one land parcel is formed out of two or more land parcels of the same principal specific purpose of land use with a common boundary.

23. Land use planning shall mean the establishment and changing of the boundaries of land parcels, the composition of land uses, the location of the appurtenances of land parcels, the principal specific purpose of land use as well as the method and nature of the use of a land parcel combining economic, environmental and any other private and public interests and regulated by legal acts.

24. Agricultural land shall mean the land use (arable land, orchards, meadows, pastures) used or suitable for growing agricultural products.

25. Land manager shall mean the owner of private land or any other natural or legal person who has acquired the right to manage private land on the basis set in laws, other legal acts, court decisions, contracts or other legislative basis as well as an entity that exercises the right of ownership of the state or municipality where state-owned or municipal land has been transferred to such entity on the basis of the right of trust in accordance with the procedure laid down in legal acts.

26. Land use planning project shall mean a special territorial planning document wherein the framework of the use of land in rural areas and their protection as well as specific land use planning measures are established.

27. Land use planning scheme shall mean a special territorial planning document wherein the priorities of the land use and land use planning in rural areas are established at the state, regional or district levels.

28. Landholding shall mean a land parcel managed by the right of ownership or several land parcels related by common economic activity.  

29. Landholding projects (plans) shall mean special territorial planning documents establishing the formation of land parcels, their reparcelling, taking and consolidation as well as the terms and conditions of use (specific purpose, restrictions, easements, etc.).

 

Article 3. Stock of Land of the Republic of Lithuania

1. All private, state-owned and municipal land within the territory of the Republic of Lithuania shall make up the Stock of Land of the Republic of Lithuania.  

2. According to the principal specific purpose of land use, the Stock of Land of the Republic of Lithuania shall be divided into:

1) land for agricultural purposes;

2) land for forestry purposes;

3) land for aquaculture purposes;

4) land for conservation purposes; and

5) land for other purposes.

3. State-owned land that has not been transferred for use or leased shall be attributed to the stock of unoccupied state-owned land.

 

Article 4. Private Land

1. Private land shall consist of land returned to natural or legal persons or otherwise acquired by them (except for the state and municipalities) into their ownership.

2. The Civil Code, this Law and other laws shall regulate management, use and disposal of private land.

 

Chapter II

STATE-OWNED land

Article 5. Land Belonging to the State of Lithuania by the Right of Ownership

1. The following types of land shall belong to the state of Lithuania by the right of ownership:

1) land belonging to the State of Lithuania by the right of exclusive ownership and specified in Article 6 of this Law;

2) land inherited by the state;

3) land acquired into the ownership of the state under contracts;

4) land that previously belonged to a municipality by the right of ownership and has been transferred into the ownership of the state without compensation in cases and in accordance with the procedure laid down in laws;

5) land that has been taken for public needs in accordance with the procedure laid down in laws;

6) land, which has been transferred, as an ownerless property, into the ownership of the state by court decision;

7) land seized for violation of laws in accordance with the procedure laid down in laws;

8) other land that has not been acquired into private ownership or the ownership of municipalities on the grounds stipulated in laws.

2. State-owned land can be disposed of by conveying it into the ownership without compensation, by selling, leasing or transferring it for gratuitous use and concluding contracts concerning easement in accordance with the procedure laid down in the Civil Code, this Law and other laws.  No other contracts concerning state-owned land may be concluded unless other laws provide otherwise.

 

Article 6. Land Belonging to the State of Lithuania by the Right of Exclusive Ownership

1. The State of Lithuania shall own by the right of exclusive ownership the land that has been assigned, according to the procedure established by laws and the Government, to:

1) roads of national significance and public railways;

2) the coastal zone (including the territory of the Curonian Spit National Park) except for land parcels acquired into the private ownership before coming into force of the Law on the Coastal Zone;

3) strict state reserves and small strict reserves;

4) forests and parks of national significance;

5) historical, archaeological and cultural objects of national significance;

6) inland waters of national significance;

7) territorial waters;

8) territory of the national seaports of the Republic of Lithuania;

9) the border strip (land and waters along which the border strip goes).

2. The land owned by the State of Lithuania by the right of exclusive ownership may not be acquired into the ownership of municipalities or into private ownership.

 

Article 7. Management, Use and Disposal of State-owned Land by the Right of Trust

1. Subjects of the right of trust of state-owned land (trustees) shall be county governors, privatisation institutions of state-owned property, the organiser of renovation of immovable state-owned property specified in the Law on Management, Use and Disposal of State-owned and Municipal Property, other subjects specified in laws as well as subjects referred to in paragraphs 2 and 3 of this Article. A county governor shall be a trustee of state-owned land located in the territory of the county except for the land that has been transferred by the right of trust to other subjects specified in laws and by resolutions of the Government – the trustees referred to in paragraphs 2 and 3 of this Article as well as state-owned land assigned to structures and facilities under privatisation managed, used and disposed of by the right of trust by privatisation institutions of state-owned property.

2. Land parcels of state-owned land shall be transferred to municipalities by the right of trust by resolutions of the Government and in accordance with the procedure established by it for the following purposes:

1) public recreation and leisure;

2) public leisure facilities;

3) streets and local roads;

4) building up and/or operating public engineering networks;

5) construction and/or operation of dwelling houses;

6) commercial and economic activities.

3. By resolutions of the Government, state-owned forest land parcels can be transferred by the right of trust to the subjects specified in the Forestry Law for the performance of the functions of the state. By resolutions of the Government, state-owned land parcels can be transferred by the right of trust to other subjects specified in the Law on Management, Use and Disposal of State-owned and Municipal Property where the laws delegate the functions of the state to them.   An institution authorised by the Government shall supervise that the resolution of the Government to transfer a land parcel by the right of trust would be properly implemented. Where these subjects no longer perform the functions for the performance whereof state-owned forest land parcels or any other state-owned land parcels were transferred to them by the right of trust, the Government shall adopt a resolution on cessation of the subjects’ right of trust and, as of the moment of coming into force of this resolution of the Government, the county governor shall be considered to be the trustee of the state-owned forest land parcels or any other state-owned land parcels.

4. The trustees specified in paragraph 3 of this Article may not sell or otherwise transfer, lease, transfer on the basis of a loan for use or transfer for use in any other manner the state-owned forest land parcels or any other state-owned land parcels transferred to them as well as pledge them or in any other way restrict the rights in rem to them, use them as a guarantee, surety or in any other way use them to secure the discharge of obligations assumed by them or by other persons.     Any other restrictions concerning the management and use of the transferred forest land parcels or any other land parcels may be stipulated in the resolution of the Government.

5. A person authorised by the Government shall sign a transfer and acceptance act of the state-owned land parcel that is transferred by the right of trust to the subjects specified in paragraphs 2 and 3 of this Article. Where a trustee of the state-owned land fails to register the right of trust with the Immovable Property Register within 3 months from signing the transfer and acceptance act, the Government shall adopt a resolution on cessation of the trustee’s right of trust and, as of the moment of coming into force of this resolution of the Government, the county governor shall be considered to be the trustee of the land parcel.

6. The trustees of the state-owned land shall manage, use and dispose of the land transferred to them by the right of trust for public benefit in accordance with the procedure and conditions laid down in this Law and other laws.

 

Article 8. Transfer of the State-owned Land for Gratuitous Use (Loan for Use)

1. When concluding contracts of loan for use of the state-owned land, the state-owned land may be transferred for temporary gratuitous use to state institutions, municipalities, forest enterprises, directorates of strict state reserves or state parks, other establishments financed from the state or municipal budgets, traditional religious communities and associations, public establishments operating in accordance with the Law on Public Establishments when at least one of the stakeholders is a state or municipal institution, and public establishments that have authorisations (licences) for teaching issued by the Ministry of Education and Science. The state-owned land parcels required for operating the structures or facilities may be transferred for temporary gratuitous use to other subjects specified in Article 13 of the Law on Management, Use and Disposal of the State-owned and Municipal Property to whom the state-owned property (structures or facilities) were transferred for gratuitous use on the basis of a loan for use.  Where a land parcel transferred on the basis of a loan for use is required for operating the structures or facilities transferred on the basis of a loan for use, the period of validity of the contract of loan for use for land shall not be longer than the term of validity of the contract of loan for use for structures or facilities.   The state-owned land shall be transferred for gratuitous use in accordance with the procedure established by the Government.

2. The laws and resolutions of the Government shall establish the procedure for transferring for gratuitous use of the state-owned land required for operating the objects established by the Ministries of National Defence and the Interior.

3. Decisions on the transfer for gratuitous use of the state-owned land shall be taken by:

1) the municipal council  where the state-owned land parcels were transferred to municipalities by the right of trust by resolutions of the Government of the Republic of Lithuania;

2) trustees of the state-owned land specified in other laws in cases stipulated in these laws where the state-owned land parcels were transferred to them by the right of trust;

3) the county governor – in all other cases.

4. Where the state-owned land is transferred for gratuitous use by a decision of the county governor, a contract of loan for use shall be concluded by the county governor or an employee of the county governor’s administration appointed by him.

5. It shall be provided for in a contract of loan for use of the state-owned land that this contract shall be registered, at the expense of the recipient of the loan for use, with the Immovable Property Register within 3 months after the date of its conclusion in accordance with the procedure laid down in the Law on the Immovable Property Register. Where the recipient of the loan for use fails to fulfil this condition, the lender of the loan for use shall require the remedy of the breach of the terms and conditions of the contract or terminate the contract of loan for use before it expires.

6. The state-owned land shall be transferred for gratuitous use to subjects specified in paragraph 1 of this Article (except for traditional religious communities and associations) only for the performance of the functions of the state and municipalities. Where the land parcel transferred for use is use is used not in compliance with the conditions specified in the contract of loan for use, or where the recipient of the loan for use no longer performs the functions for the performance whereof the state-owned land parcel was transferred to him, it shall be considered that the land parcel that has been transferred for gratuitous use is used not according to its purpose and the lender of the loan for use shall terminate the contract of loan for use before it expires.

7. Persons, to whom the state-owned land parcels were transferred for gratuitous use, may not transfer them for use to other persons.

8. Where the state-owned land that has been transferred for gratuitous use is taken for public needs and the contract of loan for use of the state-owned land is terminated before it expires, the value of the structures and plantations located on the land parcel and the losses incurred by the land users shall be reimbursed in accordance with Article 47 of this Law. The contract of loan for use of the state-owned land shall be terminated only after the settlement with a land user in accordance with the procedure laid down in Article 47 of this Law.

 

Article 9. Lease of the State-owned Land

1. Decisions to lease the state-owned land that has been transferred to municipalities by the right of trust by resolutions of the Government shall be taken by the municipal council, and those concerning other state-owned land – by the county governor. The motivation for setting the validity period of the lease contract of the state-owned land shall be provided in the decision.  Where the county governor leases the state-owned land, the lease contract of the state-owned land shall be concluded by the county governor or an employee of the county governor’s administration appointed by him.

2. It shall be provided for in a lease contract of the state-owned land that this contract shall be registered, at the expense of the lessee of the land parcel, with the Immovable Property Register within 3 months after the date of its conclusion in accordance with the procedure laid down in the Law on the Immovable Property Register. Where the lessee fails to fulfil this condition, the lessor shall require the remedy of the breach of the terms and conditions of the contract or terminate the lease contract of the state-owned land before it expires.

3. The term of lease of land shall be determined by agreement between the lessor and the lessee and it shall be for a period not exceeding 99 years. Where land for agricultural purposes is to be leased, the term of lease of land shall not exceed 25 years. Land parcels for constructing and operating temporary structures shall be leased for a term specified in the Law on Construction. In other cases, the term of lease of land parcels leased for operating or constructing and operating the structures or facilities shall be determined taking into consideration the economically substantiated duration of use of the structure or facility.

4. The term of lease of land set in the lease contract of the state-owned land may be extended in cases stipulated by the Government.

5. The state-owned land shall be leased by way of an auction to the person who offers the highest rent, except for the cases specified in paragraphs 6-9 of this Article. The Government shall establish the procedure for leasing the state-owned land at an auction and without an auction.

6. The state-owned land shall be leased without an auction if:

1) structures or facilities owned by the right of ownership, or leased, by natural and legal persons are located on it (except for temporary structures, engineering networks and structures without a clear functional dependence or of unspecified use or nature of economic activities and which serve the main structure or facility or its appurtenance). Land parcels whereon structures or facilities leased by natural or legal persons are located shall be leased only for a term of lease of these structures or facilities. The leased land parcels shall be of the size stipulated in the territorial planning documents and required for operating the structures or facilities pursuant to their primary purpose indicated in the Immovable Property Cadastre;

2) an authorisation to exploit the underground resources and cavities is obtained in accordance with the procedure laid down in the Underground Law;

3) it is required for the implementation of economic or cultural projects of state significance whose state significance is recognised by the Seimas or the Government by its decision;

4) land parcels that do not exceed the size set by the Government are located in between the leased state-owned land parcels – to the lessees of such state-owned land parcels;

5) it is required for the implementation of a concession project – in cases stipulated in the Law on Concessions.

7. During the land reform, the state-owned land parcels for agricultural purposes in rural areas that are formed in compliance with the land use planning projects of the land reform shall be leased without an auction in accordance with the procedure established by the Government.  The following persons shall have the pre-emption right to lease such land:

1) natural persons who have registered a farm holding in accordance with the procedure laid down in the Law on a Farm Holding of a Farmer or persons qualified to engage in farming pursuant to an institution authorised by the Government;

2) legal persons - producers of agricultural products whose annual earnings from the sale of commercial agricultural output makes up more than 50 per cent of all his income.

8. Where several persons who have the same pre-emption right request to lease the same state-owned land parcel for agricultural purposes, the land parcel shall be leased to a person who’s state-owned land parcel for agricultural purposes that belongs to him by the right of ownership or is leased by him from the state borders with the land parcel for agricultural purposes that is requested to be leased.  If there are no such persons or there are several of them, the land parcel for agricultural purposes shall be leased to the person who has submitted the application to lease the state-owned land parcel for agricultural purposes earlier than the rest. In cases when there are several persons not specified in subparagraphs 1 and 2 or paragraph 7 of this Article who wish to lease the same state-owned land parcel for agricultural purposes, this land parcel shall be leased to them at an auction.

9. Lease contracts of the state-owned land with the users of land parcels allocated to them for establishing a household farm, farmer’s holding, land parcels allocated to enterprises, institutions or organisations or gardening in accordance with the procedure laid down in legal acts shall be concluded without an auction in accordance with the procedure established by the Government.

10. The state-owned forest land can be leased only for the activities stipulated in the Forestry Law.

11. Land not built on and subject to restitution according to laws regulating the restoration of the rights of ownership of citizens to the existing real property may be leased, until its restitution to private ownership, without an auction to citizens to whom the rights of ownership to this land have to be restored, and, in case of their refusal, to other persons in accordance with the procedure laid down in the Civil Code and this Law.    Where such condition is not stipulated in the lease contract of the state-owned land, upon taking a decision by the county governor to restore the rights of ownership, the lease contract of the state-owned land shall be terminated before it expires at the request of the lessor.

12. The Government shall establish the amount of the rent for the state-owned land leased without an auction and its payment procedure. The right of the lessor to re-calculate the value of the land parcel, on the basis whereof the amount of the rent for land is calculated, every 3 years in accordance with the procedure established by the Government or an institution authorised by it shall be stipulated in the lease contract of the state-owned land parcel leased without an auction.

13. The lessees of the state-owned land shall have the right to use the leased state-owned land parcel for their activities in compliance with the established principal specific purpose of land use, the method and nature of its use, special land use conditions, other restrictions on activities or the established easement, as well as to use the valuable properties of the underground, groundwater and surface water and mineral resources (except for amber, oil, natural gas and quartz sand) of their land parcel for the needs of their farm holding (not for sale) pursuant to the exploitation and conservation requirements set in laws, or dispose of the produce grown on their land parcel and the income received from the land parcel. The Government shall determine other terms and conditions that have to be stipulated in the lease contract of the state-owned land.   

14. The lease contract of the state-owned land may be terminated before it expires at the request of the lessor, if the lessee uses the land not in compliance with the principal specific purpose of land use, the method and nature of its use stipulated in the contract or when the principal specific purpose of land use, the method and nature of its use are changed, except for the cases when a possibility of changing the principal specific purpose of land use, the method and nature of its use is stipulated, in cases and according to the procedure established by the Government, in the lease contract of the state-owned land or in its amendment.

15. Where the leased state-owned land is taken for public needs and the lease contract of the state-owned land is terminated before it expires, the value of the structures and plantations located on the land parcel and the losses incurred by the lessees shall be reimbursed in accordance with Article 47 of this Law. The lease contract of the state-owned land shall be terminated only after the settlement with lessees in accordance with the procedure laid down in Article 47 of this Law.

16. The procedure and conditions for leasing the state-owned land parcels to diplomatic missions and consular posts of foreign states shall be established in the Law on the Procedure and Conditions for Conveyance and Lease of Land Parcels to Diplomatic Missions and Consular Posts of Foreign States.

 

Article 10. Conveyance of the State-owned Land

1. The state owned-land, except for land parcels assigned to structures and facilities under privatisation according to the territorial planning documents and treated as immovable state-owned property that is included in the Government approved list of immovable state-owned property to be renovated that is transferred by the right of trust to the organiser of renovation of the immovable state-owned property specified in the Law on Management, Use and Disposal of the State-owned and Municipal Property, and land parcels for non-agricultural purposes gratuitously transferred into the ownership of municipalities  shall be sold or otherwise conveyed into private ownership by the county governors in accordance with the procedure established by the Civil Code, other laws and the Government. The terms and procedure for selling or otherwise conveying the state owned-land parcels assigned to structures and facilities under privatisation and treated as immovable state-owned property that is included in the Government approved list of immovable state-owned property to be renovated that is transferred by the right of trust to the organiser of renovation of the immovable state-owned property specified in the Law on Management, Use and Disposal of the State-owned and Municipal Property shall be established by laws and resolutions of the Government.

2. It shall be provided for in a purchase and sale contract or in any other contract of conveyance that the right of ownership to a land parcel shall be registered, at the expense of the buyer or any other acquirer, with the Immovable Property Register within 3 months after the date of conveyance of the land parcel.  Where the buyer avoids to register the fact of the transfer of ownership right, the county governor shall apply to the court with a request concerning the registration of the purchase and sale contract of the state-owned land and concerning the reimbursement of the losses incurred due to the failure to register the contract.  

3. The state-owned land parcels that were formed pursuant to the Law on Land Reform shall be sold in accordance with the procedure laid down in the Law on Land Reform.

4. The state-owned land parcels shall be sold at an auction to the person who offers the highest price for the land parcel, except for the cases specified in paragraph 5 of this Article.

5. The state-owned land parcels shall be sold without an auction in the following cases:

1) if structures or facilities owned by the right of ownership by natural and legal persons are located on it, except for land parcels with temporary structures, only with engineering networks and/or with structures without a clear functional dependence or of unspecified use or nature of economic activities and which serve the main structure or facility or its appurtenance. The state-owned land parcels shall be sold of the size required for operating the structures or facilities pursuant to their primary purpose indicated in the Immovable Property Cadastre;

2) if they were granted to gardeners’ societies and members of such societies in accordance with the procedure laid down in legal acts as well as other land parcels located within the territory of an amateur garden  – to their users;

3) if they were granted for the construction of individual dwelling houses in rural and urban areas in accordance with the procedure laid down in legal acts, and payments in cash were made or lump sum state benefits were paid for these land parcels in accordance with the established procedure;

4) if they are the private land parcels are located in between the private land parcels and do not exceed the size set by the Government – to the owners of such land parcels;

5) in other cases specified by laws.

6. The size of the state-owned land parcels offered for sale shall be established according to territorial planning documents. The maximum size of the state-owned land parcels offered for sale shall be established by the Law on Land Reform and other laws.

7. The Government shall establish the procedure for selling the state-owned land parcels at an auction and without an auction.

8. The county governor or an employee of the county governor's administration authorised by him shall conclude the purchase and sale contracts of the state-owned land parcels or any other contracts of conveyance of the state-owned land provided for by laws, and sign the transfer and acceptance act of the conveyed land parcels. When selling or otherwise conveying into private ownership the state owned-land parcels treated as a privatisation object and immovable state-owned property that is included, in accordance with the procedure established by legal acts, in the Government approved list of immovable state-owned property to be renovated that is transferred by the right of trust to the organiser of renovation of the immovable state-owned property specified in the Law on Management, Use and Disposal of the State-owned and Municipal Property, the contract shall be concluded by the trustee of this land -  a privatisation institution of the state-owned property or to the organiser of renovation of the immovable state-owned property specified in the Law on Management, Use and Disposal of the State-owned and Municipal Property.

9. Other laws may determine the specific features of conveyance of the land for agricultural or forestry purposes as well as of the land located within the territories of objects of natural and cultural heritage and other protected areas.

10. Water bodies may be conveyed into private ownership of natural and legal persons in accordance with the procedure and conditions laid down in this Law and the Law on Land Reform, except for surface water bodies of national significance.

11. The procedure and conditions for conveying the state-owned land parcels to diplomatic missions and consular posts of foreign states shall be established in the Law on the Procedure and Conditions for Conveyance and Lease of Land Parcels to Diplomatic Missions and Consular Posts of Foreign States.

 

Article 11. Repealed as of 1 January 2007.

 

Article 12. Joint Partial Ownership of the State and other Natural or Legal Persons to Land

Joint partial ownership of the state and municipalities or natural or legal persons to land shall arise after acquiring a part of the land of households, the land parcel with a structure or facility on it or a water body from the state or by the state from municipalities or natural or legal persons in accordance with the procedure established in legal acts. In such cases, the county governor shall act on behalf of the state and exercise the co-owner’s right to the land parcel, and where the land parcel has been transferred to a municipality by the right of trust by a resolution of the Government – the municipal council.

 

Article 13. Management of the Stock of Unoccupied State-owned Land

1. The stock of unoccupied state-owned land shall be managed by the county governor and the municipal council in accordance with the procedure established by this Law and the Government or, in cases provided for in the laws, by the executive body of a municipality, if the state-owned land has been transferred to municipalities by the right of trust by resolutions of the Government.

2. The land from the stock of unoccupied state-owned land shall be conveyed into ownership, transferred for use or leased after completing the required territorial planning and land use planning works, establishing the principal specific purpose of land use of the land parcels, the method and nature of their use, the special land use conditions and registering the formed land parcels with the Immovable property Register in accordance with the procedure established by the Civil Code, this Law and other laws.    

3. In the conveyed or leased state-owned land parcels, land parcel formation and land use planning works required for the use of such land parcels according to their principal specific purpose of land use stipulated in the territorial planning documents (construction of roads, reconstruction of the land reclamation system and etc.) shall be carried out at the expense of their trustees and users.

 

Chapter III

MUNICIPAL land

 

Article 14. Land Belonging to Municipalities by the Right of Ownership

1. The following shall belong to municipalities by the right of ownership:

1) land that has been gratuitously transferred into the ownership of municipalities according to the Law on Acquisition and Conveyance of Land Parcels Required for the Performance of Municipal Functions, and this Law; 

2) land acquired under contracts into the ownership of municipalities;

3) land inherited by a municipality under a will;

4) land, which, as an ownerless property, has been transferred into the ownership of the a municipality by court decision.

2. The municipal council shall exercise the owner’s right to the land belonging to the municipality by the right of ownership.

3. The municipal land can be disposed of by transferring it into the ownership of the state without compensation, by transferring it for management by the right of trust, by selling, exchanging, leasing or transferring it for gratuitous use and concluding contracts concerning easement in accordance with the procedure laid down in the Civil Code, this Law and other laws.  No other contracts concerning municipal land may be concluded.

 

Article 15. Gratuitous Transfer of the State-owned Land into the Ownership of Municipalities

1. The following state-owned land parcels shall be gratuitously transferred into the ownership of municipalities:

1) those with structures and facilities that have been acquired (being acquired) by municipalities into the ownership in accordance with the Law on Transfer of the State-owned Property into the Ownership of Municipalities and the Law on Assignment and Transfer of Part of the State-owned Property into the Ownership of Municipalities;

2) which, under territorial planning documents, are designated for the construction and operation of structures and facilities required for the performance of  the functions of municipalities;

3) if structures or facilities located on those land parcels have been transferred to municipalities for the performance of newly assigned functions.

2. The state-owned land parcels shall be gratuitously transferred into the ownership of municipalities by resolutions of the Government in accordance with the procedure established by the Government.  The county governor or an employee of the county governor’s administration appointed by him shall sign the transfer and acceptance act of the conveyed land parcel on behalf of the state.

3. A municipality shall reimburse the state for setting up (management) of the land parcels to be conveyed.  

 

Article 16. Management, Use and Disposal of Municipal Land by the Right of Trust

1. By decision of the municipal council, the land parcels that belong to municipalities by the right of ownership shall be transferred to municipal enterprises and agencies by the right of trust for the performance of the functions of municipalities.   

2. The municipal council or an executive body authorised by it shall supervise that the decision to transfer a land parcel by the right of trust would be properly implemented. Jeigu subjektas, kuriam patikėjimo teise perduotas žemės sklypas, nebeatlieka funkcijų, kurioms įgyvendinti buvo perduotas savivaldybės žemės sklypas, savivaldybės taryba priima sprendimą dėl šio subjekto patikėjimo teisės pasibaigimo.

3. A trustee of municipal land parcels transferred to him by the right of trust may not sell or otherwise convey, lease, transfer on the basis of a loan for use or transfer for use in any other manner as well as pledge them or in any other way restrict the rights in rem to them, use them as a guarantee, surety or in any other way use them to secure the discharge of obligations assumed by him or by other persons.     Any other restrictions concerning the management and use of the transferred land parcels may be stipulated in the decision of the municipal council.

4. The right of trust to the transferred municipal land parcel shall arise as of transferring the land parcel to the subject of the right of trust and signing the transfer and acceptance act of the land parcel. The transfer and acceptance act of the land parcel shall be signed in accordance with the procedure established by the municipal council.

5. The trustees of municipal land shall manage, use and dispose of the land transferred to them by the right of trust in compliance with laws and in accordance with the procedure and conditions established by municipal councils.  

 

Article 17. Transfer of Municipal Land for Gratuitous Use (Loan for Use)

1. Municipal land may be transferred to subjects specified in paragraph 1 of Article 8 of this Law for temporary gratuitous use on the basis of a loan for use. The land parcels required for operating the structures or facilities may be transferred for temporary gratuitous use on the basis of a loan for use to other subjects specified in Article 13 of the Law on Management, Use and Disposal of the State-owned and Municipal Property to whom municipal property (structures or facilities) were transferred for gratuitous use on the basis of a loan for use.

2. The municipal council shall take a decision on the transfer for gratuitous use of a land parcel that belongs to the municipality by the right of ownership.  The municipal council shall establish the procedure for taking the decision and signing the contract of loan for use. The period of validity of the contract of loan for use for land and other conditions of the loan for use shall be specified in the decision. These conditions shall be included in the contract of loan for use for land. Where a land parcel transferred on the basis of a loan for use is required for operating the structures or facilities transferred on the basis of a loan for use, the period of validity of the contract of loan for use for land shall not be longer than the term of validity of the contract of loan for use for structures or facilities. 

3. Municipal land shall be transferred for gratuitous use to subjects specified in paragraph 1 of Article 8 of this Law (except for traditional religious communities and associations) only for the performance of the functions of the state and municipalities. Where the land parcel transferred for use is used not in compliance with the conditions specified in the contract of loan for use, or where the recipient of the loan for use no longer pursues activities for the pursuance whereof the municipal land parcel was transferred to him, it shall be considered that the land parcel that has been transferred for gratuitous use is used not according to its purpose and the lender of the loan for use shall terminate the contract of loan for use before it expires.

4. Persons, to whom the municipal land parcels were transferred for gratuitous use, may not transfer them for use to other persons.

 

Article 18. Lease of Municipal Land

1. The land parcels that belong to municipalities by the right of ownership shall be leased in accordance with the procedure established by the municipal council.  The municipal council shall take a decision on leasing municipal land parcel.

2. The validity period of the lease contract of municipal land and the motivation for setting it shall be provided in the decision.

 

Article 19. Conveyance of Municipal Land

1. Decisions to convey the land parcels that belong to municipalities by the right of ownership to other municipalities, and natural and legal entities shall be taken by municipal councils in compliance with the requirements set in this Law and other laws. Municipal councils shall establish the procedure for concluding contracts of conveyance of municipal land parcels and signing the transfer and acceptance act of a land parcel.

2. The land parcels that belong to municipalities by the right of ownership shall be conveyed by way of purchase and sale (except for the cases of conveyance to the state) when the structures or facilities located on that land parcel are privatised or being privatised, when these land parcels are required for operating these structures or facilities and, in cases provided for in paragraph 5 of this Article, by concluding the contract of exchange. Land parcels without structures or facilities shall be sold at an auction in accordance with the procedure established by the Government.

3. The following land parcels that belong to municipalities by the right of ownership shall be gratuitously transferred into the ownership of the state:

1) if the functions of a municipality are delegated to the state pursuant to laws and the structures or facilities located on the land parcel that belongs to the municipality that are required for the performance of these functions are transferred;

2) if the municipal council takes a decision to transfer, and the county governor – to accept into the ownership of the state a municipal land parcel without structures or facilities that belong to the municipality that is required for the performance of the functions of the state.

4. The state shall reimburse a municipality for setting up (management) in accordance with the procedure established by the Government or, with the consent of the municipality, the land parcels shall be transferred into the ownership of the state without covering the costs related to setting up of a land parcel.   The county governor or an employee of the county governor’s administration appointed by him shall sign the transfer and acceptance act of the transferred to the state land parcel on behalf of the state.

5. A land parcel that belongs to a municipality by the right of ownership may, by decision of the municipal council, be exchanged into a land parcel, which belongs to the state, other municipalities and natural or legal persons by the right of ownership, of equal value or, where there is no such possibility, into a land parcel whose difference in value does not exceed 5%, or any other immovable object, if consolidation of land parcels is carried out in accordance with the drafted land consolidation plan.

6. A municipal land parcel that is going be exchanged and a land parcel of another party to the contract of exchange or any other immovable object shall be valued by applying the methods of determination of value stipulated in the Law on Basics of Property and Business Valuation.  The property of both parties shall be valued by applying the same method. The difference in value of the exchanged land parcels or a municipal land parcel and any other immovable object shall be reimbursed in cash in accordance with the procedure laid down in the contract of exchange.

 

Article 20. Joint Partial Ownership of Municipalities and other Natural or Legal Persons to Land

Joint partial ownership of municipalities and the state or natural or legal persons to land shall arise after acquiring a part of the land of a land parcel with a structure or facility on it or a water body from the municipality or by the municipality from the state or natural or legal persons in accordance with the procedure established in legal acts. In such cases, the municipal council shall act on behalf of the municipality and exercise the co-owner’s right to the land parcel.

 

Chapter IV

CONDITIONS OF THE LAND USE

 

Article 21. Duties of Land Owners and other Land Users

The land owners and other users shall:

1) use land according to the principal specific purpose of land use, as well as in compliance with the method and nature of its use;

2) comply with the special land use conditions established in respect of a land parcel and satisfy the requirements set in the territorial planning documents;

3) use the land, forests and waters rationally and preserve them as well as mineral resources the exploitation whereof has been permitted, and other natural and recreational resources;

4) implement measures provided for by legal acts for the protection of land, forests and waters from pollution, the  protection of the soil from erosion and degradation, and environmental protection measures aimed at preventing the deterioration of ecological situation;

5) comply with maintenance and operation requirements for land reclamation facilities and roads set by legal acts;

6) in the course of construction works and when exploiting mineral resources, comply with the requirements set by legal acts with a view to ensuring the preservation of the fertile layer of the soil and re-cultivating damaged lands;

7) while pursuing economic and other activities on the land parcels used by them, refrain from violating the legitimate rights and interests of the owners or users of the adjacent land parcels and the residents;

8) permit exploration and measurement of the land, the underground and the surface waters subject to the agreement between the parties on the duration of the explorations, on the boundaries of the area under investigation, the time period for the completion of works and reimbursement for the losses, refrain from destroying and damaging the conserved bore-holes and the facilities used for scientific purposes;

9) permit the erection of geodesic and geophysical marks on structures and land, and protect them;

10) permit other persons to get access to the surfaces water bodies along the set shore protection strips, to visit  territorial complexes and objects of natural and cultural heritage and public recreational objects (territories);

11) construct structures and facilities only after receiving the required authorisations in accordance with the procedure laid down in legal acts;

12) comply with other requirements provided for by other laws.

 

Article 22. Special Land Use Conditions

1. The special land use conditions shall be established by this Law, other laws and resolutions of the Government.

2. This Law shall establish the following special land use conditions in respect of land parcels for agricultural purposes:

1) arable land whose soil productivity is higher than the national average as well as land where land reclamation systems are operating shall be used in such manner as to prevent the reduction of its area, except for the ecologically impoverished nature frame territories, and deterioration of the soil properties;

2) agricultural lands whose soil is affected by wind and water erosion shall be used by applying a set of anticorrosion measures;

3) areas of land use comprising the forests and bushed plantings that have a protective value for the soil and water and that are ecologically valuable, also the swamps, stone places, natural meadows and pastures marked in the territorial planning documents, must be used taking into account the requirements on landscape formation and environment protection.

3. The Government shall establish the procedure for applying the special land use conditions.

4. When developing the territorial planning documents or plans for construction or other activity, the established special land use conditions must be complied with.

5. Special land use conditions for a specific land parcel shall be recorded in the Immovable Property Cadastre and in the Immovable Property Register when newly formed land parcels (in the areas where, before the approval of the territorial planning documents, the land parcels were not formed) are registered on the basis of the territorial planning documents.  When, after the approval of the territorial planning document or its amendment, additional special land use conditions must be applied for a land parcel (or a part thereof) registered with the Immovable Property Register, or when those previously applied are revoked, the organiser of the territorial planning document or its amendment shall, within 10 days after the approval of the territorial planning document or its amendment, inform in writing the owner of a land parcel or the user of the state or municipal land  by indicating the specific special land use conditions that must be applied or revoked; and shall communicate the information about the change of the cadastral and register data on the land parcel to the manager of the Immovable Property Cadastre and the Immovable Property Register in accordance with the procedure laid down in the Laws on Immovable Property Cadastre and on Immovable Property Register.  

6. A decision of the institution on approval of the territorial planning document or its amendment, according to which the special land use conditions must be applied for a land parcel or those previously applied are revoked, may be appealed against in accordance with the procedure established by the Law on Administrative Proceedings.

7. The established special land use conditions for a specific land parcel shall apply after their recording in the Immovable Property Register.

8. Land owners and users who fail to comply with the established special land use conditions shall be held liable under laws and shall compensate for the damage incurred by other persons, municipalities or the state.  In such cases, the county governor shall represent the state, unless other laws provide otherwise.

9. The land owner or another user shall have the right to apply to the organiser of the territorial planning document or its amendment regarding the losses incurred due to the establishment of additional special land use conditions registered in the Immovable Property Register or directly to the court regarding the reimbursement of the losses in the court procedure. The land owner or another user shall have the right to apply to the organiser of the territorial planning document or its amendment regarding the reimbursement of the losses not later than within one year after receiving the notification of the establishment of additional special land use conditions in respect of the land parcel. The amount of the losses incurred by the land owner or another user and the time limit for reimbursement thereof shall be settled by agreement between the organiser of the territorial planning document or its amendment and the land owner or another user. Where the parties fail to reach an agreement, the disputes regarding the reimbursement of the losses shall be resolved by the court in accordance with the procedure established by the Code of Civil Procedure.

10. Compensation for the actual reduction in the profit to be received or prohibition of previously performed activity as a result of applying the special land use conditions specified in the Law on Protected Areas shall be paid in accordance with the procedure established by the Government.

 

Article 23. Land Easements

1. Land easement shall be established on the basis prescribed by the Civil Code. Cases and procedure for the establishment of easements by administrative act shall be specified in this article.

2. The county governor shall, by his decision – an administrative act and in accordance with the procedure established by the Government and the solutions of the territorial planning documents shall establish easements for:

1) the state-owned land parcels, which, on the basis of the territorial planning documents, are planned to be restored, transferred or gratuitously transferred into the ownership, sold or transferred in any other way;

2) the state-owned land parcels, which, on the basis of the territorial planning documents, are planned to be leased or transferred for gratuitous use;

3) for leased state-owned land parcels or those transferred for gratuitous use as well as municipal and private land parcels, where, under the territorial planning documents, the road easement grating the right for various transport means to have access or use it as a pedestrian path to reach cemeteries, recreational and other public territories and complexes and objects of natural and cultural heritage is established;

4) for leased state-owned land parcels or those transferred for gratuitous use as well as municipal and private land parcels, where, under the territorial planning documents, the easement grating the right to build centralised (of public use) engineering infrastructure networks (underground and surface communications), roads and paths, to use and maintain them.

3. The county governor may not take a decision on the establishment of the easement, if, before the approval of territorial planning document, the owner of the object that will become the dominant one has not expressed his will about the necessity of the easement. The owner of the object that will become the dominant one shall express his will by submitting a request to the county governor regarding the establishment of the proposed easement on the basis of the drafted territorial planning document. When it is proposed to establish an easement for leased state-owned land parcels or those transferred for gratuitous use as well as municipal and private land parcels to have a possibility of access to cemeteries, recreational and other public territories and complexes and objects of natural and cultural heritage, also for centralised (of public use) engineering infrastructure networks (underground and surface communications), for building roads and paths, to use and maintain them, a request regarding the establishment of an easement proposed in the territorial planning document shall be submitted by the owners or subjects of the right of trust of the existing structures which need an access way; or, in cases when the recreational and other public territories and complexes and objects of natural and cultural heritage do not contain such structures, the request shall be submitted by the owners of land parcels located within these territories or by the trustees of the state-owned land; and, in cases when it is planned to build centralised (of public use) engineering infrastructure networks (underground and surface communications), roads and paths on the land parcel – by the client who ordered these works. When it is proposed to establish an easement as to have an access way to complexes and objects of natural and cultural heritage included in the list approved by the institution authorised by the Government, the will regarding the necessity of an easement shall be expressed by the state or municipal institution responsible for the protection of these complexes and objects. If the county governor is a trustee of the object that will become the dominant one, his will shall be expressed by taking a decision regarding the establishment of an easement.

4. A decision of the county governor to establish an easement may be appealed against in the manner prescribed by the Law on Administrative Proceedings.

5. In cases when an easement is established by an administrative act, the county governor shall take a decision to establish the easement and shall, within 10 days, send (hand in) the decision establishing the easement to the owners or trustees of the dominant and the servient objects.

6. An easement established by an administrative act shall be registered in the Immovable Property Register by the owner or trustee of the object that will become the dominant one, and also by the state or municipal institution responsible for the protection of complexes and objects of natural and cultural heritage included in the list approved by the institution authorised by the Government – when an easement to have an access way to these complexes and objects is established

7. Losses incurred by the land owners and trustees of the state-owned land due to the established easements (except for the losses incurred by the land owners due to the easements that were established on the basis of transactions, when the losses are covered by agreement between the parties) must be reimbursed at the expense of the owner of the dominant object.

8. The land owner or trustee of the state-owned land shall have the right to apply for reimbursement for the losses incurred due to an easement registered in the Immovable Property Register to the owner of the dominant object, and when an easement to have an access way to the complexes and objects of natural and cultural heritage included in the list approved by the institution authorised by the Government is established - to the state or municipal institution responsible for the protection of these complexes and objects. The amount of the incurred losses and the time limit for reimbursement thereof shall be settled by agreement between the owners of the dominant and servient objects or the trustees of the state-owned land, and when an easement to have an access way to the complexes and objects of natural and cultural heritage included in the list approved by the institution authorised by the Government – by agreement between the state or municipal institution responsible for the protection of these complexes and objects and the owner of the servient object or the trustee of the state-owned land.  Where the parties fail to reach an agreement, the disputes regarding the amount of the losses and the reimbursement thereof shall be resolved by the court in accordance with the procedure established by the Code of Civil Procedure. When the easement is established by an administrative act, the owner of servient object or the trustee of the state-owned land shall be reimbursed, in the amount of the market value, for the destroyed plantations, crops and cut forest as well as for the losses incurred due to the lost possibility to use the land parcel or a part thereof according to its principal specific purpose of land use, the method and nature of its use.  The Government shall approve the methodology for estimation of a lump sum or periodic compensation to be paid to the owner of the servient object or the trustee of the state-owned land for the use of the easement established by the administrative act.

9. An easement established by an administrative act on the grounds provided for in the Civil Code shall expire upon the decision of the county governor to revoke the established easement.

10. The trustees of the state-owned land shall have the right to enter into transactions regarding the easements of the state-owned land in such cases when the easement may not be established by an administrative act.

 

Article 24. Procedure for the Establishment and Changing of the Principal Specific Purpose of Land Use, the Method and Nature of the Use

1. The principal specific purpose of land use shall be determined when forming new land parcels in accordance with the procedure established by the Government. The principal specific purpose of land use determined in respect of these land parcels shall be changed at the request of the land owners, the trustees of the state-owned land or other subjects in the cases specified by laws on the basis of detailed or special territorial planning documents.

2. The land users who wish to use the land for a purpose other than that determined when acquiring the land into ownership may do so only subject to a decision taken by the county governor to change the principal specific purpose of land use. The Government shall establish the procedure for submitting requests for changing the principal specific purpose of land use, their consideration and taking decisions.

3. When planting the forest in the land for agricultural purposes, the principal specific purpose of land use shall not be changed in cases specified by the Government or shall be changed on the basis of the special territorial planning documents (land use planning or forest management projects).

4. Pursuant to the decision of the county governor to change the principal specific purpose of land use and also in cases when the method or nature of the use of a land parcel is changed without changing the principal specific purpose of land use on the basis of the territorial planning documents, the value of a land parcel shall re-calculated and the data in the Immovable Property Cadastre and entries in the Immovable Property Register shall be amended upon the request of the land owner or the county governor or an employee of the county governor’s administration appointed by him.

5. The principal specific purpose of use of a land parcel and also the method and nature of the use shall be registered in the Immovable Property Register by entering the cadastral data of the land parcel into the Immovable Property Cadastre and by registering the land parcel in the Immovable Property Register in the manner prescribed by the Laws on Immovable Property Cadastre and on Immovable Property Register.

6. The method and nature of the use of a land parcel shall be determined and changed in accordance with territorial planning documents. Methods of the use of land specified in articles 25-29 of this Law shall be determined for land parcels. The Government or an institution authorised by it shall establish the content of the methods of the use of land.

7. An institution authorised by the Government shall establish the list and content of the nature of the use of land parcels.

 

Article 25. Land for Agricultural Purposes

1. Under the territorial planning documents, the land for agricultural purposes shall comprise the areas of land used or suitable to be used for the production of agricultural products, including the areas with dwelling houses and farm buildings, if they are not formed into separate land parcels, the yards and the land suitable for transforming it into agricultural land, the land areas with structures used for the activity related to the production of agricultural products, and also the forestry areas of a size set by the Government, in case they are not formed into separate land parcels, and other non-agricultural lands that are in between these land areas.

2. Agricultural land parcels shall be classified into the following types of parcels by their method of the use specified in the territorial planning documents:

1) land parcels of amateur gardens and those of common use of gardeners’ societies;

2) land parcels for specialised gardening, floriculture, green-housing, arboretum and other land parcels for specialised farm holdings;

3) land parcels for recreational use;

4) other land parcels for agricultural purposes.

3. The land for agricultural purposes shall be managed according to the approved territorial planning documents taking into consideration the interests of the land owners, other users and the society:  the boundaries of the existing agricultural landholdings shall be adjusted; new agricultural landholdings shall be formed; farmsteads and farm production facilities shall be built, roads with hard surface shall be laid; ponds shall be made; forests shall be planted; forests, marshes, shrubbery and other non-agricultural land shall be transformed into  agricultural land.

4. Maximum area of the state-owned land for agricultural purposes that may be conveyed into private ownership and also the maximum area of land for agricultural purposes permitted to be acquired into ownership for one person and the conditions of acquisition of such land shall be established by the Law on Land Reform and other laws.

5. In the cases specified by the Government, the land owner or the user of the state-owned land may afforest the land for agricultural purposes without changing the principal specific purpose of land use.  

 

Article 26. Land for Forestry Purposes

1. Land designated for forestry purposes on the basis of the territorial planning documents shall comprise:

1) area covered with forest (stands);

2) other area not covered with forest: cleared areas, perished stands, forest meadows, arboretum, nurseries, forest seed plantations, raw shrubbery and plantations;

3) land occupied by forest roads, sections, technological and fire-prevention strips, areas occupied by timber storage points and other facilities and equipment related to forest, leisure sites, game feeding points;

4) land designated for  afforestation purposes;

5) other land use located in between the forest land, including agricultural lands that are not formed into separate land parcels.

2. Forest land parcels shall be classified into the following types of parcels by their method of the use specified in the territorial planning documents:

1) forest land parcels designated for the protection of eco-systems;

2) parcels of recreational forests;

3) parcels of protective forests;

4) parcels of commercial forests;

3. Users of the state-owned forest land shall use the state forestry resources and implement the measures for restoration, supervision and protection of the state-owned forests.

4. Restoration, protection and exploitation of forestry resources on forest land shall be established in the Law on Forestry.

5. Maximum area of the state-owned forest land that may be conveyed into private ownership and also the maximum area of land for forestry purposes permitted to be acquired into ownership for one person and the conditions of acquisition of such land shall be established by the Law on Land Reform and other laws.

 

Article 27. Land for Aquaculture Purposes

1. Land for aquaculture purposes shall comprise water bodies owned by the right of ownership by the state or other natural or legal persons and formed according to the territorial planning documents.  

2. Land parcels for aquaculture purposes shall be classified into the following types of parcels by their method of the use specified in the territorial planning documents:

1) water bodies used for economic activity;

2) recreational water bodies;

3) water bodies designated for the protection of eco-systems;

4) public water bodies.

3. The Law on Water and the Law on Sea Protection shall regulate the use of water bodies.

 

Article 28. Land for Conservation Purposes

1. Land for conservation purposes shall comprise:

1) strict reserves and small strict reserves forming independent protected areas as well as areas that are part of the strict reserve zones of the state parks or areas of biosphere monitoring;

2) land parcels where objects of natural and cultural heritage protected by the state and municipalities where the economic activity not related with the special maintenance, management and protection of these objects and areas occupied by them is prohibited.

2. Land parcels that are classified into the following types of parcels by their method of the use specified in the territorial planning documents shall be considered as land for conservation purposes:

1) land parcels of natural strict reserves;

2) land parcels of objects of cultural heritage.

3. The procedure for the use and protection of land for conservation purposes shall be regulated by the Environmental Protection Law, the Law on Protected Areas, the Law on Protection of Immovable Cultural Properties and other laws.

 

Article 29. Land for Miscellaneous Purposes

1. Land parcels that are classified into the following types of parcels by their method of the use specified in the territorial planning documents shall be considered as land for miscellaneous purposes:

1) dwelling areas;

2) public areas;

3) areas for the construction of industrial and storage objects;

4) areas of commercial objects;

5) areas for engineering infrastructure;

6) recreational areas;

7) areas of common use (used by towns, townships and villages or municipalities);

8) areas for the exploitation of mineral resources;

9)  areas for the purpose of national defence;

10) areas for storage, sorting and recovery of waste (landfills);

11) areas for the purpose of state border guarding;

 

Paragraph 1 shall be supplemented with subparagraph 12 after 1 January 2008:

12) separate green areas.

 

2. Other land use conditions shall be established by laws and other legal acts.

 

Chapter V

LAND TRANSACTIONS

 

Article 30. Requirements for Land Transactions

1. The form of land transactions shall be established by the Civil Code and this Law. A land parcel plan must be attached to land transactions, and where the land parcel is leased or transferred for gratuitous use for a period up to three years – a land parcel plan or scheme. The land parcel plan or scheme shall make an inseparable part of the land transaction.

2. A land parcel plan or scheme shall be developed in accordance with the procedure established by an institution authorised by the Government pursuant to the territorial planning document, which was the basis for the formation of the land parcel.

3. Land parcels shall be merged, divided, partitioned or be subject to amalgamation by concluding a notarised agreement, except for the cases when a land parcel (parcels) owned by one persons is being re-parcelled observing the requirements and restrictions prescribed by the Civil Code, this Law and other laws. When merging land parcels, dividing a land parcel, partitioning a part of a land parcel in kind as well as carrying out amalgamation of land parcels, the plans of the formed land parcels drafted in accordance with the procedure established by an institution authorised by the Government must be enclosed to the agreement.

4. Where a land owner transfers a part of a land parcel, this land parcel may be divided before concluding the transfer agreement, the transferred part of the land parcel may be formed and registered with the Immovable Property Register as a separate land parcel or the ownership rights to a part of the land parcel may be conveyed without partitioning it. A land parcel shall not be divided in the cases when transferring a part of the land parcel the boundaries of the adjacent land parcels are adjusted by way of amalgamation, when transferring a part of the structure or facility the ownership right to this part of the land parcel necessary for the operation of this structure or facility is transferred as well, and also when the co-owner of the land parcel transfers the ownership right to a part of the jointly owned land or a part of the share in the joint ownership.

5. When the land parcels owned by the right of ownership by different persons are reparcelled by way of amalgamation, the ownership right to a part (parts) of the land parcel shall be transferred by concluding a notarised agreement on amalgamation of land parcels.

6. A co-owner may transfer the right of ownership to a part of a land parcel owned by joint ownership and necessary for the operation of a structure or facility, where this part is necessary for the operation of the structure or facility owned by him by the right of ownership, only together with the right of ownership to a part of structure or facility (an apartment or any other premises).

7. When transferring an apartment or any other premises in a multi-apartment building, the right of ownership to a part of the land parcel owned by joint ownership and required for the operation of this apartment or any other premises within the multi-apartment building must be also transferred, if this part of the land parcel is owned by the right of ownership by the person who is transferring the apartment or any other premises.

8. When concluding an agreement on merging of the land parcels, the owners of the land parcels subject to merging must certify that the third persons have no rights to the land parcels subject to merging, except for the cases when the owners of the land parcels subject to merging agree to become co-owners of the land parcel to which the third persons have the rights registered with the Immovable Property Register. Owners of the land parcels under reparcelling by way of merging, dividing, partitioning or those that are subject to amalgamation when concluding an agreement on merging, dividing, partitioning or amalgamation must notify thereof the third persons who have rights to the land parcels under reparcelling that are registered in the Immovable Property Register.

9. Land parcels that are seized or those being an object of a court dispute may not be merged, divided, partitioned or reparcelled by way of amalgamation.  

 

Article 31. Pre-emption Right to Buy Private Land Offered for Sale

1. Persons shall have the pre-emption right to buy private land, which is occupied by the structures and facilities owned by them by the right of ownership, and also the land that is necessary for using these objects according to their purpose, at a price that is offered for sale and under other equal conditions, except for the cases when the land is sold at a public auction.

2. Persons whose land parcels are assigned to the area of a land consolidation plan by the decision of the county governor, shall have the pre-emption right to buy a private land parcel located within this area at a price that is offered for sale and under other equal conditions, except for the cases when the land is sold at a public auction. The Rules on Development and Implementation of Land Consolidation Plans shall establish the procedure for exercising the pre-emption right.

3. The State shall have the pre-emption right to buy private land offered for sale and situated within the areas of state parks of conservation, ecological protection and recreation priority, and also in the state reserves and other protected areas having the status of Natura 2000 under the same conditions and at a price agreed between the seller and the buyer. The price that the State may pay for private land parcels may not exceed the average market value of these land parcels estimated with the help of mass valuation performed in accordance with the procedure established by an institution authorised by the Government.

4. The land owner must notify about the decision to sell the land parcel and about the selling conditions by a registered mail (by handing in) the owner of the structures and facilities situated within the land parcel offered for sale referred to in paragraph 1 of this Article and, in the cases when the land parcel is offered for sale in the cases specified in paragraph 3 of this Article - the county governor according to the location of the land parcel. The owner of structures or facilities or the county governor must take a decision to buy this land parcel or refuse to buy it within 30 days after the receipt of the notification. Where the owner of structures or facilities or the county governor refuses to buy the land parcel notifying thereof in writing, or, in case they fail to take a decision within the specified period of time, the owner of private land may transfer the land parcel to other persons.

5. Other cases of the pre-emption right to buy private land by the may be established by other laws.

 

CHAPTER VI

LAND Administration

 

Article 32. Competence of the State and Municipalities in Regulation of Land Relations

1. The Government shall:

1) in the cases and according to the procedure provided by laws, take decisions regarding the ownership of the state-owned land, land management, use and disposal of it and other issues related to the regulation of land relations;

2) establish the procedure for issuing of licences for drafting land use planning documents;

3) establish the procedure for the state supervision over the land use planning documents.

2. Institutions authorised by the Government shall:

1) draft and approve the working rules, methodologies and instructions for the Immovable Property Cadastre, land use planning and land information system;

            2) draft and implement the national programmes on the implementation of the land reform, land use, optimisation of territorial use, land improvement, use of land resources and other programmes within its competence;

3) plan the activities funded from the national budget on the land use planning, forestry and land information system development, the Immovable Property Cadastre, the national accounting on land and shall control their performance, and also administer the funds allocated from the national budget and special programmes, including those from the European Union, for the performance of the aforementioned activities and control their use;

4) organise the researches on the state of the national land stock and the soil characteristics;

5) coordinate the state control of land use;

6) in cases provided for by laws, perform the supervision of the state land use planning documents and other land use planning activities;

            7) represent the State in the cases regarding the revocation of the decisions related to the transfer, exchange, lease or transfer for gratuitous use of state-owned land that were adopted in contradiction to the requirements laid down in the laws and other legal acts, as well as acknowledgement as void of the land transactions concluded on the basis of these decisions and acknowledgement as void of the transactions concerning state-owned land where the other party fails to fulfil the terms and conditions of the transaction or their termination before the expiry date;

8) provide methodical guidance for the land use planning and land information system management activities and control them;

9) provide methodical guidance for drafting of the documents required for taking of land for public needs and for management of the state landholdings;

10) accumulate the information on the land use planning and administration and land reform issues;

11) in cases provided for by laws, approve the land use planning documents;

12) issue licenses for drafting land use planning documents.

3. Within the county territory, the county governor shall:

1) implement the national policy in the fields of territorial planning, land use and protection;

2) sell or otherwise convey into private ownership or the ownership of municipalities private ownership the state owned-land parcels except land parcels treated as privatisation objects and immovable state-owned property that is included, in accordance with the procedure established by legal acts, in the Government approved list of immovable state-owned property to be renovated that is transferred by the right of trust to the organiser of renovation of immovable state-owned property specified in the Law on Management, Use and Disposal of State-owned and Municipal Property as well as land parcels transferred for gratuitous use of municipalities, and also act on behalf of the state when the state inherits the land and in acquiring private land into the state ownership, except for the cases where the organiser of renovation of the immovable state-owned property specified in the Law on Management, Use and Disposal of State-owned and Municipal Property acts on behalf of the state when acquiring private land into the state ownership for the purpose of renovating immovable state-owned property;

3) transfer for gratuitous use or lease the state-owned land, except for the land transferred to municipalities by the right of trust or that which can be leased or transferred for gratuitous use by other trustees of state-owned land specified in laws;

4) organise land use planning works in the manner established by laws that are necessary for the formation of state-owned land parcels and agricultural landholdings and improving the land use;

5) solve the issues related to taking of land for public needs and changing the principal specific purpose of land use;

6) implement the land reform;

7) organise and carry out state control of land use;

8) in cases provided for by laws, approve and implement the land use planning schemes, land use planning projects for the land reform and other documents of land use planning;

9) in cases provided for by laws, perform the national supervision of the land use planning documents;

10) in cases and in accordance with the procedure laid down by this Law, establish land easements;

11) in the manner established by laws, submit data to the manager of the Immovable Property Register for registration of the state-owned land parcels;

12) control the coordination of the planned activities related to changing of the status of land use and land use conditions with the solutions of land use planning documents;

13) perform functions established by other laws concerning the state management of the stock of land and regulation of land use.

4. Within the territory of a municipality, the institutions of the municipality shall:

1) in cases provided for by laws, approve and implement the detailed and special plans drafted for the territory of the municipality or a part thereof and coordinate or approve the land use planning documents;

2) lease or transfer for gratuitous use the sate-owned land parcels that were transferred to  municipalities by the right of trust by resolutions of the Government;

3) submit proposals to the county governor concerning the selling of the state-owned land parcels and taking the private land parcels required for public needs;

4) submit proposals to the institution administering the funds allocated from the national budget and the European Union aid for agriculture and rural development concerning the allocation of these funds for the implementation of measures provided for in the land use planning projects;

5) organise land use planning works aimed at improving the land use in the state-owned land that is transferred by the right of trust to the municipality;

6) perform the functions prescribed to them by other laws in the field of land use and protection.

 

Article 33. Objectives of Land Administration

1. There are the following main objectives of land administration:

1) plan the use of the land stock of the Republic of Lithuania and take decisions concerning the specification of boundaries of administrative units in line with the solutions of master plans;

2) plan and implement the measures on territorial planning by creating favourable conditions for the development of competitive farm holdings, the development of rural infrastructure, and rational use of agricultural land, forests and other natural resources;

3) plan and implement the measures aimed at ensuring environment protection and ecological stability of the landscape.

2. Decisions concerning land administration shall be taken and implemented on the basis of the territorial planning documents.

3. The arrangement of the planned structures and facilities in rural areas and changing of the structure of the land use shall be coordinated, in the manner established by the Government, with the solutions of land use planning documents.

 

Article 34. Land Information System

1. The objective of the land information system of the Republic of Lithuania is to accumulate and update the information about the land stock of the Republic of Lithuania, the structure, area and value of land use, the quantitative and qualitative characteristics of land resources, the terms and conditions of land use, and other characteristics of immovable property affecting the land use by using the data on land from the Immovable Property Cadastre, the Immovable Property Register, the forestry cadastre, the cadastre of protected areas, territorial planning, environmental and heritage protection, land reform, soil researches and other researches.  

2. Management of the land information system shall comprise:

1) investigation of land use condition;

2) research of the quantitative and qualitative characteristics of land resources;

3) analysis of land value;

4) preparation of cartographic material describing the natural and economic characteristics of land;

5) administration of data of the land information system on the basis of the georeference database;

6) preparation of the cumulative data about the use of the land stock of the territory of the Republic of Lithuania and its administrative units by groups of land users and types of land use;

7) collection, processing, storage and dissemination of the information on land.

3. The Regulations of the Land Information System approved by the Government shall establish the detailed contents of the land information system and data recording and processing.  The land information system shall be managed by a public legal entity authorised by the Government.

 

Article 35. Monitoring of the Use of Land Resources

1. The main objective of the monitoring of land resources is to provide a systematic monitoring and analysis of and forecasts about the condition of the use of land resources in the country, to identify the changes caused by anthropogenic influence, to justify the measures for the rational land use and environment improvement, to evaluate the efficiency of land management and administration measures and to provide the necessary statistics on the use of land and the condition of land resources.

2. The monitoring of the use of land resources shall comprise:

1) monitoring of natural and anthropogenised land use and soil;

2) monitoring of the use and protection of agricultural land;

3) monitoring of reclamation status of the land use.

3. The Ministry of Agriculture or an institution authorised by it shall organise the monitoring of the use of land resources.

4. The condition of the land use and land cover shall be analysed on the basis of the latest cartographic and geoinformation material by using the data from the land information system, cadastres and registers of other natural resources, the integrated monitoring of environment and the material obtained during other types of monitoring.

5. The Government shall specify the periodicity, structure and contents of the monitoring of the use of land resources.

 

Article 36. State Control of Land Use

1. The county governor shall organise and implement the state control of the land use in accordance with the regulations approved by the Government and an institution authorised by the Government shall coordinate the process.

2. The state control of the land use shall mean a systematic checking whether the persons using the land have not violated the procedure for the land use specified by laws and Government resolutions.

 

CHAPTER VII

LAND USE PLANNING

 

Article 37. System of Land Use Planning Documents

1. The system of land use planning documents shall comprise the following documents of the special territorial land use planning:

1) land use planning schemes;

2) land use planning projects for rural development;

3) landholding projects (plans);

2. Taking into account the objectives and tasks of planning, landholding projects (plans) shall be subdivided into:

1) land use planning projects for the land reform;

2) projects for reparcelling;

3) projects for taking of land for public needs;

4) land consolidation plans.  

3. Land use planning schemes shall be developed in accordance with the general guidelines and priorities for the management of land use in rural settlements in accordance with the procedure laid down in Article 38 of this Law.

4. Land use planning projects for rural development shall be drafted in the manner established in Article 39 of this Law seeking to change the structure of a land use after a comprehensive planning, as well as afforestation and other activity related to the land use and to form landholdings for entities engaged in agricultural and alternative activities.

5. Land use planning projects for the land reform shall be drafted in the cases and in accordance with the procedure laid down in the Law on Land Reform.

6. Reparcelling projects shall be drafted and implemented in the manner laid down in Article 40 of this Law and in the cases when the land parcels registered in the Immovable Property Register need to be divided, partitioned, merged or be subject to amalgamation and also when forming new land parcels in the state-owned land.

7. Projects for taking of land for public needs shall be drafted and implemented in the cases and in the manner laid down in Chapter VIII of this Law.

8. Land consolidation plans shall be drafted and implemented in the cases and in the manner laid down in Chapter IX of this Law.

9. The Government shall approve the rules for drafting and implementation of land consolidation plans and those for taking of land for public needs. The Ministry of Agriculture shall approve the rules for the development and implementation of other land use planning projects.

 

Article 38. Land Use Planning Schemes

1. County governors shall organise drafting of land use planning schemes upon request of the state and municipal institutions. When implementation of land use planning scheme requires changing of the solutions of the master plan for the territory of a municipality, the approval of the municipal council must be obtained.

2. The following aspects may be stipulated in the land use planning schemes:

1) changes of boundaries of administrative units and cities, as settlements;

2) establishment of boundaries of rural settlements;

3) territorial zoning according to the economic activity trends, that are most in line with the natural and economic conditions, also planning the areas to be used for agricultural activity, the areas that are not favourable for farming, and the areas to be afforested

4) localisation of the nature frame and the restrictions on economic activity related to the application of special conditions of land use and the implementation of the solutions specified in the master plans;

5) the need for the construction and reconstruction of land reclamation systems;

6) arrangement and extension of the network of roads of local significance;

7) prospective boundaries of agricultural landholdings.

3. Land use planning schemes shall be drafted in accordance with the procedure laid down in the Law on Territorial Planning.

 

Article 39. Land Use Planning Projects for Rural Development

1. The executive body of a municipality shall organise drafting of the land use planning projects for rural development, and where a land use planning project for rural development is to be drafted for planning the land management activities for one agricultural landholding - it shall be organised by the owner of the private land or the trustee of the state-owned or municipal land.

2. Developers of the land use planning projects for rural development shall be selected in accordance with the procedure laid down in the Law on Public Procurement, except for cases when private land owners organise drafting of these plans.

3. Land Use Planning Projects for Rural Development shall provide:

1) landscape formation measures;

2) measures for protection and improvement of agricultural land;

3) arrangement of structures and facilities necessary and planned for agricultural activity;

4) boundaries of agricultural landholdings;

5) distribution of the main internal roads necessary for agricultural activity;

6) construction, reconstruction and repair of land reclamation structures;

7) land areas that are expedient for afforestation;

8) formation of parcels of agricultural land (agro-farming) having similar characteristics and recommendations on their use when the project is developed for management of the territory of agricultural landholding.

4. The executive body of a municipality shall approve the land use planning projects for rural development only after they are verified by the state supervisory institution of the land use planning documents in accordance with the established procedure.

5. The measures to support the agricultural and rural development stipulated in the Law on Agricultural and Rural Development must be in line with the solutions of the land use planning projects for rural development when they provide:

1) formation of competitive agricultural landholdings;

2) improvement of agricultural land;

3) afforestation, other landscape formation measures and protection of natural resources;

4) ecological farming;

5) development of rural infrastructure;

6) alternative agricultural activities.

 

Article 40. Reparcelling Projects

1. Drafting of reparcelling projects shall be organised by the owners of private land parcels, the county governor where reparcelling of state-owned land is taking place, and where land parcels owned by a municipality by the right of ownership are subject to reparcelling – the municipal council or the head of the administration on its assignment. The organisers of projects shall submit applications to obtain a permit for drafting of the land reparcelling projects and receive the planning terms and conditions to the county governor. He shall take a decision regarding the permission for drafting of a reparcelling project. Projects on reparcelling of state-owned land shall be drafted upon taking of a decision by the county governor to draft a reparcelling project.

2. In the process of land reparcelling, the following requirements shall be observed:

1) only one land parcel may be formed for a structure or facility required for operating the structure or facility pursuant to their primary purpose indicated in the Immovable Property Register.  Land parcels, which are formed for operating the structures or facilities, shall not be divided in kind, except for the cases when the land parcel is divided or a part from the common ownership is partitioned together with the subdivision of a structure or facility or partitioning of its part from the common ownership and a separate structure or facility is formed and the land parcel required for its operation may function as a separate object;

2) land areas with electricity transmission poles and other objects of engineering infrastructure shall not be formed as separate land parcels if a land parcel not exceeding 0.01 ha is required for their servicing. Restrictions on the use of such land shall be established in the manner prescribed by legal acts;

3) amalgamation of land parcels shall be performed only when changing a common boundary between the adjacent land parcels it is impossible to form a land parcel of rational size.

3. A project on land reparcelling shall be considered and approved in accordance with the following procedure:

1) persons who organised drafting of the project must approve the project in writing;

2) public debate on the project is organised in the manner prescribed by the Law on Territorial Planning;

3) the county governor approves the project after it has been verified by the state supervisory institution of the land use planning documents in accordance with the established procedure.

4. After the approval of the project on land reparcelling, cadastral measurements shall be carried out in accordance with the procedure laid down in the Law on Immovable Property Cadastre.

5. Amalgamation of two land parcels that have a common boundary may be performed without a project on reparcelling of land parcels. The cases where land parcels are reparcelled without a project on reparcelling shall be specified in the Rules on Drafting and Implementation of Land Use Planning Projects. The county governor shall take a decision regarding the approval of areas and boundaries of the land parcels adjusted by way of amalgamation on the basis of the land parcel plans agreed between the owners of the land.  

6. Land parcels formed on the basis of a project on land reparcelling as well as the rights in rem to them, the restrictions on these rights and legal facts prescribed by laws shall be registered in the Immovable Property Register in accordance with the procedure laid down in the Law on Immovable Property Register. Cadastral data on formed land parcels shall be recorded in the Immovable Property Cadastre in accordance with the procedure laid down in the Law on Real Property Cadastre .

 

Article 41. Persons Drafting and Implementing the Land Use Planning Documents, their Rights and Duties

1. Legal and natural persons, as well as branches of legal persons of Member States of the European Union or of the European Economic Area Member States established in the Republic of Lithuania who have the licences for drafting of the land use planning documents issued by the institution authorised by the Ministry of Agriculture shall draft the land use planning documents. These requirements shall not apply for drafting of the land use planning projects for the land reform in accordance with the procedure laid down in the Law on Land Reform.

2. The Government shall establish the procedure for issuing of licences for drafting of the land use planning documents.

3. A licence for drafting of the land use planning documents shall be issued to natural persons who have acquired higher education and comply with the qualification requirements established by the Government, as well as to legal entities and branches of legal persons of Member States of the European Union or of the European Economic Area Member States established in the Republic of Lithuania whose specialists, who draft the land use planning documents and supervise their drafting, have acquired higher education and comply with the qualification requirements established by the Government. Where a licence for drafting of the land use planning schemes is issued, the specialists, who will draft the land use planning schemes and supervise their drafting, must have acquired higher education in the land use planning, geography or landscape. Where a licence for drafting of the land use planning projects for rural development and landholding projects (plans) is issued, the specialists, who will draft the land use planning schemes and supervise their drafting, must have acquired higher education in the land use planning, landscape, geodesy or hydro-technology.

4. Landholding projects (plans) shall be implemented by the persons who have a licence for performing geodetic measurements of objects included in the Immovable Property Cadastre issued in accordance with the procedure laid down in the Law on Geodesy and Cartography.

5. Persons drafting and implementing the land use planning documents shall have the right:

1) having informed the land owner or another user, to walk or drive without causing a damage, to measure and, if necessary, to fix landmarks, to investigate the soil in the areas, for which the projects are drafted, if this is required for preparing or specifying the cartographic data or the data for the land information system and for performing cadastral measurements of land parcels. The land owner or another user must be informed in writing about the intended land use planning activities and the time of performance thereof 5 days before the commencement of the intended activities, and these activities may be performed in the private land only after receiving the consent of the land owner or another user. Such consent is not required when projects for taking the land for public needs are being drafted;

2) in the manner prescribed by legal acts, to receive from the state enterprises and state and municipal institutions the necessary territorial planning documents or copies thereof, and also the data from the Immovable Property Cadastre and Immovable Property Register and geo-referential data.

 

Article 42. Funding of land Use Planning Activities

1. Drafting of the land use planning schemes may be funded from the state and municipal budgets, if they are required for the implementation of the goals specified in the Law on Agricultural and Rural Development.

2. Projects on reparcelling of land parcels shall be drafted at the expense of the persons who organised the project.

3. Projects for taking the land for public needs shall be drafted upon the order of the state or municipal institutions or agencies that are interested in taking the land for public needs and from the funds from the budget allocated for these institutions.

4. Drafting of the land consolidation plans shall be funded from the state budget as well as from the funds received from the European Union.

5. Drafting of the land use planning projects for rural development shall be funded by the organisers of these projects. These projects may be also funded from the European Union funds.

 

Article 43. State Supervision of the Land Use Planning Documents

1. State supervision of the land use planning documents shall comprise the control of the procedures for drafting, co-ordination and consideration of these documents as well as verification of the solutions in accordance with the requirements of legal acts.

2. The Government shall establish the procedure for state supervision of the land use planning documents.

3. State supervision of the land use planning documents shall be performed by:

1) the county governor – in case of the land reparcelling projects, except for those where the county governor is an organiser of the project, and in case of the land use planning projects for rural development;

2) the institutions authorised by the Government -  in case of the projects for taking the land for public needs, for the land use planning schemes and reparcelling projects within the territory of a municipality that are organised by the county governor, and for the land consolidation plans and land use planning schemes within the territory of a county.

 

Article 44. Investigation of Disputes Regarding the Taken Decisions Related to the Land Management and Compensation for the Damage Incurred due to Improperly Drafted or Implemented Land Use Planning Documents

1. Disputes regarding the decisions taken by county governors and municipal institutions related to land management shall be investigated in accordance with the procedure laid down in the Law on Administrative Proceedings.

2. Developers of the land use planning documents must compensate the land owner or another user for the damage incurred due to their illegal actions when drafting and implementing the land use planning document in accordance with the procedure laid down in laws and/or in the agreement on drafting and implementation of a land use planning document. Damage incurred due to the actions of the state institutions when drafting or implementing the land use planning documents shall be compensated by the state. Damage incurred due to the actions of municipal institutions when drafting or implementing the land use planning documents shall be compensated by a municipality.

3. The land owner or another user may apply for compensation for damage incurred due to the actions of the state or a municipal institution when drafting and implementing the land use planning documents to the institution that has taken the decision to approve the land use planning document, or shall have the right to demand for compensation for damage in a court proceedings. A person must apply to the institution that has taken the decision to approve the land use planning documents, not later than within one month after the day he found out about the occurrence of the damage. Disputes regarding the amount of and compensation for damage shall be settled in court in the manner prescribed by laws.

 

CHAPTER VIII

TAKING OF LAND FOR PUBLIC NEEDS

 

Article 45. Cases of Taking of Land for Public Needs

1. Land may be taken from private land owners for public needs or a lease or land for use contract of state-owned land shall be terminated for this purpose before their expiry only in exceptional cases by the decision of the county governor following the request submitted by a state institution or the municipal council where the land, pursuant to the detailed and special plans drafted in accordance with the procedure laid down in the Law on Territorial Planning, is required for:

1) national defence and guarding of the state border;

2) state airports, ports, and their facilities;

3) the construction of public railways and roads, pipe lines, and high voltage transmission lines as well as for engineering structures required for their operation that belong to the state or a municipality by the right of ownership and used for public needs;

4) the development of social infrastructure, i.e. the construction (installation) and operation of educational, scientific, cultural, health protection and health care, environment protection, social protection, ensuring of public order, and physical training and sports development objects that belong to the state or a municipality by the right of ownership;

5) public recreation and leisure;

6) the exploitation of the explored mineral resources;

7) the construction (equipment) and operation of objects used for management of municipal waste (landfills);

8) the construction and exploitation of cemeteries and objects required for ensuring their maintenance;

9) the protection of the territorial complexes and objects (properties) of natural and cultural heritage;

10) the implementation by the state of economic projects of state significance whose importance for public needs is recognised by the Seimas or the Government by its decision.

2. When taking a decision concerning taking of land for satisfying the public needs referred to in paragraph 1 of this Article, an institution that is taking a decision must give a reasoned justification that there objectively exists a specific public need and that it cannot be satisfied without taking of a specific land parcel.   A reasoned justification for a specific location and area for the construction (equipment) of a specific object required for public needs shall be presented together with the territorial planning document.

 

Article 46. Procedure for Taking of Land for Public Needs

1. A state institution or municipal council, when submitting an application to the county governor to take the land for public needs, shall also inform the owner of the land about the submission of such application and indicate specific goals for which the land taken for public needs is intended to be used. The county governor shall consider the application filed by the state institution or municipal council to take the land for public needs and, before taking a decision to start the procedure for taking of land for public needs, must analyse a possibility of concluding an agreement with the owner of a land parcel intended to be taken for public needs, where the state-owned land is exchanged for private land in compliance with Article 11 of this Law. In case of failure to conclude an exchange agreement with the owner of the land parcel intended to be taken for public needs within a moth after the submission of a written proposal concerning the exchange agreement or if the county governor establishes that it is inexpedient to conclude such agreement, he shall take a reasoned decision to start the procedure for taking of land for public needs or to reject the application and decide not to commence the procedure for taking of land for public needs. The owner of the land parcel intended to be taken for public needs, the institution interested in taking the land parcel and the manager of the Immovable property Register shall be informed in writing about the decision of the county governor within 5 working days after taking the decision.    The latter shall make a record in the Immovable Property Register about the start of the procedure for taking of land for public needs. The decision of the county governor may be appealed against to the court.

2. The Government shall establish the procedure for filing and considering the applications for taking of land for public needs submitted by the state institutions and municipal councils.

3. After the county governor takes a decision to start the procedure for taking of land for public needs, a project for taking of land for public needs shall be drafted in accordance with the procedure established in Article 48 of this Law. Where necessary, the division of private and state-owned land parcel shall be carried in the course of drafting the project by separating the part of the land to be taken for public needs.  These land use planning activities shall be performed in accordance with the procedure laid down in Article 48 of this Law and the data about the divided land parcel shall be presented by the county governor to the manager of the Immovable Property Register after informing thereof the owner or other user of the land parcel.

4. After the decision concerning taking of land for public needs is taken and the land owner is notified in writing hereof, the land owner shall have no right to transfer or pledge it or in any other way restrict the rights in rem to this land parcel as well as to reparcell (divide, partition, merge or be subject to amalgamation) this land parcel.

5. The county governor shall take a decision concerning taking of land for public needs pursuant to the approved project for taking of land for public needs and the agreement on the manner and amount of compensation concluded between the owner of private land, other user of land and the institution which has filed an application for taking of land for public needs. The value of the land parcel to be taken, the losses related to taking of land and the manner of compensation shall be stipulated in the decision concerning taking of land for public needs.  This decision shall, within 5 working days after taking it, be sent to the institution which is interested in taking the land parcel and, by registered mail handing against his signature, to the land owner as well as the manager of the Immovable Property Register. The latter shall make a record in the Immovable Property Register about taking the decision to take the land for public needs.

6. Institution which has filed an application for taking of land for public needs shall compensate for the losses incurred due to taking the land parcel and structures constructed or being constructed on that parcel, and the plants growing therein for public needs and also for other losses incurred by the owners of private land and other users of land in compliance with the terms and conditions stipulated in the mutual agreement. The agreement shall be attached to the decision of the county governor to take the land for public needs. The amount of losses stipulated in the agreement that were incurred due to taking the land parcel and structures constructed or being constructed on that parcel, and the plants growing therein for public needs and also for other losses eligible for compensation may not exceed the amount calculated in accordance with the procedure laid down in Article 47 of this Law, except for the cases where the land owner or another user submits a report prepared in compliance with the requirements set in accordance with the procedure laid down in paragraph 1 of Article 47 of the Law on the Basics of Property and Business Valuation where the amount of losses that were incurred due to taking the land parcel and structures constructed or being constructed on that parcel, and the plants growing therein for public needs and also for other losses exceeds the amount stipulated in the valuation report contained in the project for taking of land for public needs.  In such cases, the amounts of losses subject to compensation as specified in the valuation report contained in the project for taking of land for public needs and in the valuation report submitted by the land owner or another user may be specified in the agreement, and the manner of compensation shall be indicated as compensation in cash. The agreement must also consider the issue concerning the abolishment of the rights in rem to this land parcel taken for public needs and settlement of accounts with the holders of the rights in rem.

7. Where the amounts of losses subject to compensation as specified in the valuation report contained in the project for taking of land for public needs and in the valuation report submitted by the land owner or another user are specified in the agreement on the manner and amount of compensation and the amount of losses subject to compensation stipulated in the agreement as specified in the valuation report submitted by the land owner or another user exceeds the amount of losses subject to compensation specified in the report contained in the project for taking of land for public needs by more than 20%, the institution interested in taking the land shall, within the time limits stipulated in the agreement, transfer into the account of the land owner or another user  the amount of losses subject to compensation as specified in the valuation report contained in the project for taking of land for public needs and the share of the in the valuation report submitted by the land owner or another user amounts of losses subject to compensation that exceeds the amount of losses subject to compensation as specified in the valuation report contained in the project for taking of land for public needs  – to the deposit account of the notary, bank or another credit institution. Where the amount of losses subject to compensation stipulated in the valuation report submitted by the land owner or another user exceeds the amount of losses subject to compensation specified in the report contained in the project for taking of land for public needs by less than 20%, the institution interested in taking the land shall, within the time limits stipulated in the agreement, transfer into the account of the land owner or another user the whole amount of losses subject to compensation as specified in the valuation report submitted by the land owner or another user. The land owner or another user shall acquire the right to dispose of the share of the compensation that was transferred into the deposit account of the notary, bank or another credit institution only after 3 months after the receipt of the decision taken by the county governor to take the land for public needs, if the institution interested in taking the land does not submit an application to the court concerning the determination of the amount of the compensation.  If the institution interested in taking the land submits an application to the court concerning the determination of the amount of the compensation within 3 months after the receipt of the decision taken by the county governor to take the land for public needs, the land owner or another user shall acquire the right to dispose of the share of the compensation as of the day of coming into force of a respective court decision.  The provision for the right of the institution interested in taking the land to apply to the court concerning the determination of the amount of the compensation for the land parcel taken for public needs shall be a constituent part of the agreement, irrespective of whether or not it is included in the text of the agreement.

8. The institution interested in taking the land that has paid the amount of losses subject to compensation under the valuation report submitted by the land owner or another user and specified in the agreement on the manner and amount of compensation that was higher that that specified in the valuation report contained in the project for taking of land for public needs shall have the right to apply to the court in accordance with the procedure established by law for compensation for damage caused by incorrect evaluation of losses related to taking the land for public needs.

9. If the land owner or another user fails to reach an agreement with the institution which submitted an application regarding the method and amount of compensation for the land taken for public needs, the county governor shall, on the basis of the approved project for taking the land for public needs, take a decision to take the land for public needs. It shall indicate the value of the land parcel taken for public needs as well as the losses related to taking the land and estimated in accordance with the procedure laid down in Article 47 of this Law, and the manner of compensation shall be indicated as compensation in cash.

10. Disputes concerning taking of land for public needs shall be heard at the court.  

 

Article 47. Compensation for Land Taken for Public Needs

1. When taking a private land parcel for public needs, the land owner must receive a fair compensation in cash amounting to the market price, or, upon agreement of both parties, an equivalent land parcel within the territory of the same county must be granted to him, and also the value of plants within this land parcel taken for public needs, the volume of timber, the lost harvest and invested funds for growing of agricultural production and afforestation shall be compensated to the land owner or another user. The market value of the taken land parcel, the value of plants within this parcel, the volume of timber, the lost harvest and invested funds for growing of agricultural production and afforestation as well as the value of the granted equivalent land parcel shall be estimated applying the comparative value method specified in the Law on Basics of Property and Business Valuation, except for the values of the agricultural land parcel to be taken and the equivalent one to be granted instead that shall be estimated on the basis of the value-in-use method. The value of the taken land parcel shall be estimated in accordance with the principal specific purpose of land use and the method and nature of the use of the land parcel established before the decision to take the land for public needs was adopted. If the land parcel to be taken for public needs is occupied with constructed structures or with those in the process of construction, the owners of the structures shall receive compensation in cash for the structures owned by the right of ownership and constructed on the parcel, or for those being constructed thereon, where the compensation shall amount to the market value of the structures, which is estimated applying the comparative value method specified in the Law on Basics of Property and Business Valuation.

2. A decision to grant an equivalent land parcel shall be taken by the county governor together with a decision to take the land for public needs.

3. If a decision to take the land for public needs is taken not on the basis of the agreement referred to in paragraph 6 of article 46 of this Law, it shall be considered that there exists a dispute between the institution interested in taking the land for public needs and the land owner or another user, and the institution that filed an application to take the land for public needs must, within 3 months after the receipt of the decision to take the land for public needs, apply to the court regarding the lawfulness of the decision to take the land for public needs, the establishment of the amount of compensation for the taken land and the abolishment of the rights in rem to the land parcel to be taken for public needs and the settlement of accounts with the holders of the rights in rem. In case when the decision to take the land for public needs is taken on the basis of the agreement where the amount of losses subject to compensation specified in the report contained in the project for taking of land for public needs and the amount of compensation specified in the valuation report submitted by the land owner or another user are stipulated, the institution interested in taking the land for public needs shall have the right to apply to the court, within 3 months from the receipt of the decision to take the land for public needs, requesting to determine the amount of compensation for the land parcel to be taken for public needs, if the amount of losses subject to compensation stipulated in the agreement as specified in the valuation report submitted by the land owner or another user exceeds the amount of losses subject to compensation specified in the report contained in the project for taking of land for public needs by more than 20%.   

4. The court, having resolved the issue regarding the lawfulness of the decision to take the land for public needs and having established that the decision is legitimate, but having not resolved the dispute regarding the amount of compensation on the basis of the application filed by a person interested in taking the land for public needs and taking into account the importance of the immediate use of the land parcel taken for public needs, and, upon the expiry of the time limits established for filing an appeal against the court decision on the lawfulness of the county governor’s decision to take the land for public needs, may permit the institution interested in taking the land to transfer, even before resolution of the dispute, the amount of money indicated in the decision to take the land for public needs, to the account opened in the name of the land owner or another user, or, if such account is unknown and the person interested in taking the land for public needs may not open another account in the name of the owner or another user of the land parcel to be taken, to  transfer the amount to the deposit account of the notary, bank or another credit institution, and register the land parcel taken for public needs in the Immovable Property Register in the name of the state and start using the land parcel for the purpose indicated in the decision to take the land for public needs.

5. If the court establishes a different value of the land parcel, structures and plants to be taken and a different amount of the incurred losses than that indicated in the decision to take the land for public needs, the settlement for the land taken for public needs as well as the settlement with the holders of the rights in rem to the land parcel taken for public needs shall be made under the terms and conditions specified in the court decision.

6. When the institution that submitted an application to take the land for public needs has settled with the owner or another user of the taken land under the agreement on the method and the amount of compensation for the land, the county governor shall register the land parcel taken for public needs in the Immovable Property Register as the state-owned land. If the dispute regarding the lawfulness of the decision to take the land for public needs and the amount of compensation is being heard at the court (except for the cases where the institution interested in taking the land has applied to the court for determining the amount of compensation and when both the amount of losses subject to compensation stipulated in the agreement specified in the report contained in the project for taking the land for public needs and that specified in the valuation report submitted by the land owner or another user are presented), the county governor may register the land parcel taken for public needs in the Immovable Property Register as the state-owned land only after the institution that submitted an application to take the land for public needs has settled with the owner or another user of the land taken for public needs under the terms and conditions specified in the court decision, except for the cases when the court decides to allow registering the land parcel in the Immovable Property Register as the state-owned land even before the dispute on the amount of compensation for the taken land parcel is solved. The title to the land taken for public needs shall be transferred to the state as of the moment of registration of the land parcel in the Immovable Property Register.

7. The land parcel taken for public needs and registered in the Immovable Property Register as the state-owned land shall be transferred by the right of trust, transferred for gratuitous use or leased in accordance with the procedure laid down in articles 7, 8 or 9 of this Law only for the purposes for which this land parcel was taken for public needs.

8. Where the state-owned land that has been leased or transferred for gratuitous use is intended to be used for public needs, the lease contract or the contract of loan for use of the state-owned land shall terminated before it expires and the value of the structures and plantations located on the land parcel and the losses incurred by the lessees or other users of the land due to taking the land for public needs shall be reimbursed in accordance with this Article. The lease contract or the contract of loan for use of the state-owned land shall be terminated only after the settlement with the lessee or another user of the land in accordance with the procedure laid down in this Article.

9. In the cases where the land owner received a compensation in cash for the land parcel taken for public needs and not more than 10 years have passed since the day of taking the decision to take the land for public needs and where under the territorial planning documents (special or detailed plans) newly prepared or amended in accordance with the procedure laid down in the Law on Territorial Planning the land parcel is no longer intended to be used for the purposes for which this land parcel was taken for public needs, the county governor must offer, in writing, the owner of the land parcel from whom the land parcel was taken for public needs to buy out this land parcel for the price that was paid to the land owner under the agreement on the manner and amount of compensation or under the court decision.  The former land owner shall notify the county governor about the consent to buy out the land parcel within six months after the date of receipt of the proposal.  The buy out of the land parcel shall be documented in the form of a sales and purchase agreement of the land parcel concluded in accordance with the procedure prescribed by laws. Where the former land owners refuse to buy out the land parcel or fail to notify about their consent to buy out the land parcel within the set time limit, and also where more than 10 years have passed since the day of taking the decision to take the land for public needs, the land parcel shall be managed, used and disposed of in accordance with the procedure prescribed by laws not applying the restriction stipulated in paragraph 7 of this Article.

 

Article 48. Projects for Taking the Land for Public Needs

1. The state and municipal institutions shall organise drafting and implementation of the projects for taking the land for public needs at their own expense when the land is necessary for public needs. The organisers of the projects shall file the requests to take the land for public needs to the county governor and the latter, having taken a decision concerning the commencement of the procedure for taking the land for public needs, shall issue the planning conditions. The planning conditions shall be issued in the cases where the land parcel to be taken for public needs has not been formed in the detailed or special territorial planning document.

2. Having received the planning conditions issued by the county governor for drafting the project for taking the land for public needs, the state and municipal institutions shall select a developer of the project for taking the land for public needs in accordance with the procedure laid down in the Law on Public Procurement and conclude an agreement on drafting the project for taking the land for public needs.

3. The following aspects shall be provided for in the project for taking the land for public needs, if the detailed or special territorial planning document does not provide for them, - the boundaries of the land parcel to be taken, currently carried out property valuation activities and planned land management works related to taking the land for public needs:

1) division, partitioning, merging or amalgamation of the land parcels that need to be reparcelled while taking them or their part for public needs, and the establishment of the principal specific purpose of land use, the method and nature of the use of the land parcel;

2) formation of the land parcels intended to be used for compensating for the land taken for public needs in the unoccupied state-owned land;

3) designing of new roads, restructuring of land reclamation systems, establishment or changing of the special conditions on land use, and also the designing of the proposed land easements.

4. When drafting the project for taking the land for public needs, the wishes of private land owners whose land is intended to be taken for public needs regarding the location of land parcels granted into their ownership as compensation for the land taken for public needs shall be taken into consideration.  

5. The county governor shall approve projects for taking the land for public needs only after they are verified by the state supervisory institution of the land use planning documents in accordance with the established procedure.

6. Cadastral data on land parcels formed and reparcelled in accordance with the project for taking the land for public needs shall be recorded in the Immovable Property Cadastre in accordance with the procedure laid down in the Law on Immovable Property Cadastre.

 

CHAPTER IX

CONSOLIDATION OF LAND PARCELS

 

Article 49. Preparatory Works for Land Consolidation Plans

1. The county governor shall organise drafting of the land consolidation plans.

2. Applications to draft a land consolidation plan shall be filed to the county governor by the land owners or the trustees of state-owned land. Having established that at least 5 owners of land parcels or trustees of state-owned land wish to draft a project, the county governor shall provide for a preliminary territory for the land consolidation plan, identify the owners of land parcels located within this territory, the trustees of state-owned land and other users and shall organise a meeting of the land owners and the trustees of state-owned land within this territory. The land owners and the trustees of state-owned land shall be invited to the meeting in writing at least 10 days before the day of the meeting.  Where the county governor is a trustee of state-owned land intended for consolidation, he shall take a decision regarding the expediency to consolidate the state-owned land parcels and regarding organisation of the meeting. The meeting shall:

1) substantiate the need for drafting a land consolidation plan;

2) identify the land parcels that are intended to be reparcelled in accordance with the land consolidation plan. The meeting may not take a decision regarding the reparcelling, if the owner of the land parcel or a trustee of state-owned land objects to that;

3) determine the powers of the persons who, during the meeting, were authorised to solve organisational issues related to drafting of a land consolidation plan, as well as determine the election procedure, representation quotas and conditions;

4) elect persons who shall be authorised by the meeting to solve organisational issues related to the land consolidation plan.

3. Decisions of the meeting shall be considered lawful, if at least two thirds of the owners of the land parcels and the trustees of state-owned land are present in it and the decisions are approved at least by half of the land owners and the trustees of state-owned land participating at the meeting.

4. After the meeting, not later than within one month, the land owners shall conclude a preliminary land consolidation agreement under which they commit to conclude the principal land consolidation (complex exchanges) agreement within 3 months after the approval of the land consolidation plan. The area covering the land parcels intended for consolidation, for which the preliminary land consolidation agreement is concluded, must cover at least 100 ha. When concluding the preliminary land consolidation agreement, the state shall be represented by the county governor. The following must be specified in the preliminary land consolidation agreement:

1) the land parcels which will be subject for exchange in accordance with the principal land consolidation agreement, the basic cadastral data of the exchanged land parcels;

2) the provision that these land parcels will be exchanged into the land parcels designed in accordance with the approved land consolidation plan. The value of the exchanged state-owned land parcels and the formed land parcels may not differ by more than 5 %. The difference in the value of the exchanged land parcels must be compensated in accordance with the procedure laid down in the land consolidation agreement.

3) the conditions of and the procedure for termination of the preliminary land consolidation agreement, as well as the procedure for compensation for the losses incurred due to avoidance or refusal without due grounds to conclude the principal land consolidation agreement.

5. The county governor shall approve the territorial boundaries for drafting a land consolidation plan and the planning conditions co-ordinated with the executive body of a municipality, and also he shall take a decision to draft the land consolidation plan. The land, whose owners have concluded a preliminary land consolidation agreement, as well as the land, whose owners have not concluded a preliminary land consolidation agreement but who wish to sell the land parcels (or the parts thereof) during the process of land consolidation plan development, and the land parcels of unoccupied state-owned land selected by the county governor shall be attributed to the territory that is being designed.

6. The county governor shall select a developer of the land consolidation plan in accordance with the procedure laid down in the Law on Public Procurement.

 

Article 50. Valuation of Land

1. The land subject to the land consolidation planning must be evaluated before the preparation of the proposals regarding the plan solutions. The developer of the plan shall carry out the valuation of land.

2. The land under valuation shall be divided into separate land areas of the same method of use and the same characteristics, which are marked on the land valuation plan. The value of each existing or designed land parcel shall be estimated on the basis of the land valuation plan. The Rules on Development and Implementation of Land Consolidation Plans shall establish the procedure for drafting of the land valuation plan.

3. The value of the land shall be determined pursuant to the Law on Basics of Property and Business Valuation.

4. All the owners of land parcels located within the area under valuation and those intended for reparcelling and all the trustees of state-owned land must approve the land valuation plan.   Disputes concerning the valuation of land shall be settled in court.

 

Article 51. Preparation of Land Consolidation Plans

1. Having started preparing a land consolidation plan, its developer shall organise the meetings of the land owners or the trustees of state-owned land. The meeting of the land owners and the trustees of state-owned land shall be chaired by a person elected by the participants of the meeting. Decisions of the meeting shall be considered lawful, if the decisions are approved by at least three quarters of all the owners of the land parcels and the trustees of state-owned land assigned to the territory of the land consolidation plan. The meeting shall have the right to take decisions on the following issues related to the preparation of the land consolidation plan:

1) the land valuation;

2) the arrangement of the roads of common use that are being designed and the roads used by the right of easement;

3) the location of the designed land parcels and rearrangement of the boundaries;

4) time schedule for cadastral measurement works and the beginning of the land use according to the reparcelled land parcels;

5) common activities on the management of the territory when implementing the solutions of the plan;

6) other issues related to the preparation of the plan.

2. During the process of preparation of a land consolidation plan, the territory shall be reparcelled in a complex way by providing for changing of the location of land parcels and/or their boundaries, the establishment and changing of the principal specific purpose of land use, the method and nature of the use of the land parcel, the special conditions of land use, and distribution of roads.

3. The Government shall establish the rules for drafting and implementation of land consolidation plans.

4. A land consolidation plan shall be publicly debated in the manner laid down by the Law on Territorial Planning.

5. The land owners and the trustees of state-owned land may submit proposals, remarks and claims regarding the land consolidation planning to the county governor and the institution authorised by the Ministry of Agriculture before the end of public debates concerning the plan.

6. The county governor shall approve a land consolidation plan. A decision of the county governor concerning the approval of the land consolidation plan may be appealed against to the court in the manner prescribed by the Law on Administrative Proceedings.

 

Article 52. Implementation of Land Consolidation Plans

1. Land parcels designed in the land consolidation plan shall be marked on the ground by performing cadastral measurements.

2. The owners of land parcels reparcelled in accordance with the land consolidation plan shall, not later than within 3 months after the approval of the plan, conclude the land consolidation agreement. When concluding such agreement, the state shall be represented by the county governor. The following shall be included in the agreement:

1) land parcels exchanged by the owners, including the state, and the equivalent land parcels designed for these persons to be granted instead, and their cadastral data;

2) land parcels formed in accordance with the approved land consolidation plan, which are exchanged into the land parcels of specific land owners and the trustees of state owned-land. The value of the exchanged state-owned land parcels and the formed land parcels may not differ by more than 5 %.

3) commitments on the compensation for the difference in value of the exchanged land parcels;

4) commitments of the land owners and the trustees of state-owned land to start using the reparcelled land parcels within the prescribed time limits.

3. The Rules on Development and Implementation of Land Consolidation Plans shall establish the procedure for concluding a land consolidation agreement.

4. When the persons, who have concluded a preliminary land consolidation agreement avoid or refuse without due grounds to conclude the land consolidation agreement, the county governor shall take a decision to make amendments in the developed plan. Persons who avoid or refuse without due grounds to concluded the land consolidation agreement shall compensate for the losses incurred under the preliminary land consolidation agreement.

5. After the land parcels designed in the land consolidation plan are marked on the ground and the land consolidation agreement is concluded, upon the requests of the land owners and the trustees of state-owned land, in accordance with the procedure laid down in the Law on Immovable Property Register, the land parcels and the rights to them transferred into the ownership of the agreeing parties by the land owners and the trustees of state-owned land in accordance with the land consolidation agreement, as well as the restrictions on these rights and legal facts shall be simultaneously removed from the Register and the transferred land parcels formed under the land consolidation plan and the rights to them, the restrictions on these rights and legal facts shall be registered by these persons on the basis of the aforementioned agreement.

6. The owners of land parcels who have not concluded a preliminary land consolidation agreement but who wish to sell the land parcels (or the parts thereof) during the process of land consolidation plan development shall sell the land parcels in compliance with the provisions of paragraph 2 of Article 31 of this Law and the provisions of the Provisional Law on Acquisition of Agricultural Land regulating the pre-emption right to acquire the land offered for sale.

 

CHAPTER X

Final Provisions

 

Article 53. Liability for Violations of the Law

1. The natural and legal persons in breach of the requirements of this Law shall be held liable under law.

2. Land parcels that were wilfully occupied shall be returned back without compensating for the costs incurred while illegally using the land.  Natural and legal persons who have wilfully occupied land parcels must compensate for the management of land parcel expenses.

 

Article 54. International Treaties

In the cases where international treaties of the Republic of Lithuania prescribe  other provisions than those established in this Law, the provisions provided for by international treaties shall apply.

            I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

PRESIDENT OF THE REPUBLIC                                         ALGIRDAS BRAZAUSKAS