SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA RESOLUTION OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA REGARDING THE PROCESS OF ENFORCEMENT AND APPLICATION OF THE LAW OF THE REPUBLIC OF LITHUANIA ON THE PROCEDURES AND CONDITIONS OF THE RESTORATION OF THE OWNERSHIP RIGHTS OF EXISTING REAL PROPERTY The Supreme Council of the Republic of Lithuania resolves:
- To put this law into effect on August 1,
- That the requisite of permanent in the Republic of Lithuania, as set forth in Article 2 of this law, shall not apply to deportees (and their children), or to persons who were deported or imprisoned as the result of resistance to occupation regimes.
- That tenants occupying houses subject to restitution, as defined in subparagraph 2 of paragraph 2 of Article 8, shall be informed of their option to move, at their own will by settling on a dwelling unit allotted to them which complies with the requirements set forth in Article 94 of the Housing Code of the Republic of Lithuania.
- That tenants who, at their own will, have moved to dwelling units proposed to them by their local government because their previous place of residence was restored to the original owner, shall have the rights to buy this new unit within six months, on the basis of the house building prices of 1989, by applying the indexation coefficient. In such cases, the procedure of settlements provided for in Article 9 of the Law of the Republic of Lithuania on the Privatization of Housing shall be applied. Residential houses which are not returned to their formed owners under the Law of the Republic of Lithuania on the Procedures and Conditions of the Restoration of Ownership Rights of Existing Real Property, shall be privatized in accordance with the procedures established by the Government of the Republic of Lithuania.
- That in the event that persons specified in Article 2 of this law are proving their ownership rights in court, the period for filing the property ownership documents shall be one month from the day of the court decision.
- That the provisions defined in Article 8 of this law shall apply to persons specified in Article 2 of this law if they were compensated according to the laws which have hitherto been valid, in the absence of another option. In such cases the amount of compensation must be returned.
- That land occupied by personal plots which were allotted pursuant to the July 26 th, 1990 Resolution of the Supreme Council of the Republic of Lithuania "On the Expansion of personal Plots of Farmers" shall be also designated as land occupied by personal plots, as specified in paragraph 3 of Article 12 of this law.
- That a person shall own any lake (of the size determined by the Covernmemt of the Republic of Lithuania), water reservoir, canal, pond, and other surface water body, if it is surrounded on all sides by his property. In such cases, the area of the body of water shall be included in the total area of the reclaimed land or of the newly allotted land. The regulations concerning the recreational use of such bodies of water shall be established by the Government of the Republic of Lithuania. Land owners must utilize their land, as well as the bodies of water situated therein, in compliance with the requirements of nature protection.
- That territorial land-planning projects shall be developed in compliance with land reform requirements.
- That in the event that persons specified in Article 2 of this law do not satisfy the conditions set forth in Article 4 or this law, they must be compensated for their portion of the land by the person (or persons) to whom this law was allotted. In the case that a disagreement concerning the from of compensation is brought to court, preference shall by given to the restitution of the actual property.
- That property, with the exception of land and residential houses, which was not returned ( either because it was not claimed, or because the claims were inadequate), shall be privatized in accordance with the procedure established in the Law of the republic of Lithuania on the Initial Privatization of Property.
- To commission the Government of the Republic of Lithuania: 1) by 1 August 1991 to establish the procedure and time limits for the payment of state allocations for the real property subject to be bought out; 2) by 1 August, 1991 to establish the procedure and stages of the giving over of residential houses (or portions thereof), as well as the procedure for the allotment of plots of land surrounding these houses if previously they were not the property of the house owner; 3) by 1 August, 1991 to establish the procedure for the allotment of plots of land in towns (township) for the construction of a private house; 4) by 1 August, 1991 to allocate credits on easy terms for tenants, occupying houses which have been returned to formed owners, if they desire to build a private house; 5) by 1 August, 1991 to establish the procedure for the giving over structures used for economic and commercial purposes together with their equipment or for the allotment of securities (shares) for said property: 6) to establish the procedure in accordance with which the provision of paragraph 3 of part 1 of Article 16, pursuant to which the existing real property, if a person gives his consent thereto, may be bought out by the State by making void financial liabilities of a person to the State, which were incurred after the appropriation of real property, shall be implemented.
- To obligate the Government of the Republic of Lithuania to submit proposals to the Supreme Council of the Republic of Lithuania concerning the compensation of persons whose real property was nationalized and which does not exist any longer.
- To commission the Government of the Republic of Lithuania to establish the procedure in accordance with documents certifying the right of ownership, upon the request of a citizen and after he has paid a duty in the established manner, shall be ordered by the board of a local government. In such cases the archives which are under the jurisdiction of the Board of Directors of the Archives of the Republic of Lithuania shall furnish the documents in due time.
- To establish that the guarantees provided for in parts 5 and 6 of Article 21 of this law shall also apply to cases where former owners shall be restored their ownership right of residential houses by court's decision.
- To commission the Ministry of Justice of the Republic of Lithuania to supervise the implementation of this law. VYTAUTAS LANDSBERGIS President Supreme Council Republic of Lithuania Vilnius 16 July 1991 No I-1548