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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW LAND REFORM Chapter 1 GENERAL PROVISIONS Article

  1. Objectives of the Law This Law shall regulate land ownership relations and the procedure of land reform. Article
  2. The Goal of Land Reform The goal of land reform is to implement the right of Lithuanian citizens to land ownership by returning the expropriated land in accordance with the procedures and terms established by law, and by buying land, as well as to create legal, organizational, and economic preconditions for the development of agricultural production by freely chosen forms of farming. Article
  3. Objects of Land Reform The objects of land reform shall be the Land Fund of the Republic of Lithuania. Article
  4. Conditions for Implementing Land Reform
  5. Land reform shall be implemented according to the land reform plans for the organization of land exploitation, and in pursuance of this law and other laws which regulate land relations. The interests of natural and legal persons who wish to acquire land, and the recommendations of the agrarian reform agencies shall be taken into consideration. The plans shall be prepared according to the principles approved by the Government of the Republic of Lithuania.
  6. The process of land reform shall embrace legal, economic, and ecological substantiation, preparatory works of the land use planning, and preparation, coordination and approval of land reform schemes, legal registering of land ownership, or land lease.
  7. The implementation of land reform shall be financed by the State, as well as by natural and legal persons.
  8. During the privatization of land, land reclamation facilities built with State funds shall be left in the ownership of the State. The maintenance and protection of such facilities shall be regulated by the Law on Land and by other legal acts. Article
  9. Forms of Land Ownership In the Republic of Lithuania, land shall be either privately or State owned. During the implementation of land reform, private and State ownership land-use systems shall be formed. On the basis of such land-use systems, the land may be jointly owned by several natural persons, or by natural and legal persons. Chapter 2 Private Land Article
  10. The Privatization of Land
  11. Persons who are citizens of Lithuania under the laws of the Republic of Lithuania, who have documentation of their citizenship, and who are permanent residents of the Republic of Lithuania, shall have the right to private ownership of land.
  12. In the implementation of land reform, land shall be acquired by either restoring the right to ownership, or by purchasing the land. The grandchildren of the former owners of land shall receive land without payment if, on the day of enforcement of the Law of the Republic of Lithuania on the Procedure and Conditions for the Restoration of Ownership Rights of Citizens to Surviving Immovable Property, the child who would have had the ownership right restored is dead, and if the grandchildren, pursuant to the provisions of Article 4 of that Law, are tilling the land or return to farm the land.(Repealed 16 January 1992) Persons who have been awarded the Order of Vytis, or, if they have been killed (are dead), the spouses of such persons, or, in the absence of spouses, their parents or children, shall be, at their request, allotted land without payment.
  13. Land may be acquired for private ownership with the intent of establishing a private farm, an individual (private) enterprise, a private housing estate, a gardening plot for members of gardener societies, or developing agricultural or other activities which are not prohibited by law. Article
  14. Restoration of Land Ownership Rights The procedure for restoring private land ownership rights in towns and rural localities, as well as the size and terms for returning land and forest plots, shall be established by the Law of the Republic of Lithuania on the Procedure and Conditions for the Restoration of Ownership Rights of Surviving Immovable Property to Citizens. Article
  15. The Sale of Land to Citizens
  16. Citizens who are establishing a private farm, who do not have private land ownership rights, or who have received land under the Law on Farmer's Holding in excess of the amount to which they were entitled by the right of ownership, shall purchase land over a period of 25 years, according to the procedure established by the Government of the Republic of Lithuania. In all other cases, citizens shall acquire land for private ownership by way of a lump-sum payment or repayment in due course.
  17. Land shall be sold to persons who are prepared to farm for the establishment of a private farm. A person's preparation to engage in farming shall be assessed by the Agrarian Reform Agency in accordance with the procedure established by the Ministry of Agriculture.
  18. The price of State land and forests, and the procedure for purchase and payment, shall be established by the Government of the Republic of Lithuania. (Amended 16 January 1992) Article
  19. The Size of Land Plots Sold to Citizens
  20. Taking local conditions and the area of the land to be returned into consideration, the total area of land in a farm holding that may be sold to citizens who are establishing a private farm may not exceed 80 hectares, including 25 hectares of forest land. Upon taking local conditions and the principles of land use planning into consideration, and upon the decision of the regional privatization commission, the above specified areas may be increased by up to 10 percent.
  21. Taking local conditions into account, land plots of the size specified in Paragraph 1 hereof may be sold to one family, if citizens are buying land for joint agricultural activities in accordance with forms of economic activity provided for in the Law of the Republic of Lithuania on Enterprise.
  22. The size of land plots required by private (personal) enterprises which manufacture non-agricultural products shall be determined as follows: for functioning enterprises -- on the basis of the area of land actually required for their activities; for newly-established enterprises -- on the basis of the well-grounded plans of their founding.
  23. Land which contains farm buildings, trees, shrubs, and other plants of the farm, as well as the area of yards and plots within the territory of the farm which is constantly used for vegetable growing, shall be sold as a separate farm (farm holding).
  24. In towns, plots that are the actual size of the holding shall be sold for private house holdings, but not in excess of 0.2 hectares in the towns of Vilnius, Kaunas, Klaipeda, Siauliai, Alytus, Marijampole, Druskininkai, Palanga, Neringa, and Birstonas, and 0.3 hectares in other towns and urban-type settlements. The size of land plots sold for the construction of new private houses, and the procedure of such a sale, shall be established by the Government of the Republic of Lithuania.
  25. The size of land plots for members of gardener societies and for persons wishing to set up gardens shall be determined by the lay-out of the garden, but shall not exceed 0.12 hectares. Article
  26. The Priority Right of Land Purchase
  27. During the implementation of land reform, land shall be sold for private ownership according to the following order of priorities: 1) persons who have worked for a minimum of 5 years in an agricultural enterprise which is presently being reorganized. Deportees and former political prisoners who possess a private house on the said territory shall also have this right, regardless of their present or former place of employment; 2) other persons residing on the territory of the agricultural enterprise which is being reorganized; 3) farmers who wish to expand their farm holdings to the size prescribed by paragraph 1 of Article 9 of this law; 4) grandchildren of deceased farm owners, who return to the land with the intention to farm, and other citizens of the Republic of Lithuania.
  28. If there are several prospective buyers who wish to establish a private farm on a single plot of land, and if these prospective buyers have equal priority rights to purchase this plot, the land shall be sold by auction. In such cases, the buyer must pay, without delay, an amount exceeding the nominal price of the land. Article
  29. Restriction of the Disposition of Privatized Land
  30. The land (or forest) acquired for agricultural activities may not be sold, given away, or traded for a period of five years from the date of acquisition thereof. Privately-owned forest areas must be managed, utilized, and re-forested in accordance with the Forest Management Plan. If the owner of land becomes unable to work, or in other cases provided for by the laws or the Government of the Republic of Lithuania, the land may be leased or sold.
  31. Pursuant to the laws of the Republic of Lithuania, land which is privatized for agricultural activities (manufacturing of agricultural products) and which is not used for the said purpose for more than one year (in spring or in autumn), shall be assigned to the State Land Fund according to the procedure established by the Government. The owner shall be compensated for the land and for expenses related to the increase of land value in installment payments. Article
  32. The Privatization of Land whereon Economic Activities are Restricted
  33. Upon coordination with the appropriate State agencies, the land of preserved areas whereon economic activities are restricted may be privatized for restricted economic use.
  34. Upon privatization of land whereon economic activities are restricted, conditions for the use of such land shall be established for its owner.
  35. Owners who disregard land-use restrictions shall be held materially responsible under the laws of the Republic of Lithuania. On these grounds, the plots of land in their ownership whereon economic activities are restricted may be appropriated to the State Land Fund by paying their owners the total value of the appropriated land. Chapter 3 State Land Article
  36. Land not Subject to Privatization Not liable to be sold to citizens for private ownership shall be: 1) land under roads, airports, and ports and their facilities, as well as land of State borders, and land necessary for national defence; 2) land which adjoins settlements and is used for the needs of residents; 3) land needed for public use, recreation, and public construction in towns, urban-type and rural settlements, according to the revised decisions of the Government of the Republic of Lithuania; 4) land which, according to the established procedure, is allotted or is planned to be allotted to institutions of science and learning for conducting experiments and for other scientific needs; 5) land which is assigned by the laws of the Republic of Lithuania to Group 1 forests, as well as the land of forest seedlings and seed-plant plantations; Upon the formation of rational land-use plans, forest areas of up to 25 hectares of State forest land of forest districts, or larger areas which merge with land under cultivation, may be sold. 6) land which contains mineral resources which are explored and identified in the prescribed manner; 7) land of preserved areas where economic activities are prohibited under law; and 8) land whereon State-owned objects have been built or are planned to be built. Article
  37. The State Land Fund
  38. The State Land Fund shall be composed of land not subject to privatization, not liable to be returned for ownership or sold under Article 13 of this Law, as well as land which is appropriated to this fund in cases specified in paragraph 2 of Article 11, and paragraph 3 of Article 12 of this Law.
  39. Land which, according to the land reform plan for the organization of land exploitation, is planned to be allotted for the establishment of private farms, and whose return, upon the request of the future owner, has been postponed for a period of up to 5 years, shall be temporarily appropriated to the State land fund.
  40. The State Land Fund shall be at the disposition of the Government of the Republic of Lithuania, and of local governments and other bodies authorized by the State who may lease, sell, or use the land in any other manner. Article
  41. Allotment of State Land for Utilization
  42. During the implementation of land reform, natural and legal persons who wish to lease land shall submit applications to the local agencies of agrarian reform, stating therein the area of the desired land, the type of economic activities, the period of lease, the location of the plot, and, as necessary, the technical-economic motivation which makes the land necessary.
  43. Upon the request of natural and legal persons, taking the total area of the unprivatized land and the interests of the land users and the State into account, the land reform plan for the organization of land exploitation shall provide for the distribution of land for new users of land.
  44. Upon the establishment of agricultural partnerships or other enterprises, the founders must obtain the decision of the local agency of agrarian reform concerning the plot of land that may be leased to the enterprise and its location.
  45. The size of land plots allotted to enterprises, as well as their arrangement, must guarantee their rational and efficient management. Article
  46. Private Farm Land of Citizens
  47. Persons residing in rural localities may, on their request, lease plots of State-owned land for their private farms.
  48. Land shall be leased for private farms from the State Land Fund which is at the disposition of the local governments of a rural district (town). Taking the area of land assigned to the Land Fund into consideration, plots of agricultural land up to 3 hectares or 2 hectares may be leased to a private farm ( the Supreme Council of the Republic of Lithuania Resolution No. I-411 of 26 July 1990), not including the area of land occupied by a private farm (separate homestead). Chapter 4 The Implementation of Land Reform Article
  49. Bodies Implementing Land Reform
  50. Land reform shall be implemented by the agrarian reform agencies of rural districts, and by district privatization commissions. Their activities shall be coordinated and controlled by the Agrarian Reform Commission under the Government of the Republic of Lithuania, and by the Ministry of Agriculture. The procedure for forming agrarian reform agencies and their functions shall be established by the Government of the Republic of Lithuania.
  51. Land reform plans for the organization of land exploitation shall be prepared by the State Institute of Land Exploitation Organization. Article
  52. The Procedure for the Submittal and Consideration of Applications for the Acquisition of Land
  53. Natural and legal persons who wish to acquire land for economic or other activities shall submit applications to the agrarian reform agency of the rural district wherein the plot of land is located. Applications concerning the acquisition of land shall be submitted in the manner and terms established by the Government of the Republic of Lithuania.
  54. The agrarian reform agency of a rural district, in conjunction with the State Institute of Land Exploitation Organization, shall consider applications for the acquisition of land, prepare draft decisions for the fulfillment of such requests, and shall, in writing, notify the applicants thereof. Article
  55. The Procedure for the Lodging and Consideration of Appeals which Dispute Decisions of Agrarian Reform Agencies
  56. Natural and legal persons may appeal to the district privatization commission against decisions adopted by agrarian reform agencies of rural districts concerning the acquisition of land within 15 days from the receipt thereof. The district privatization commission shall consider the appeal within the period of one month, and shall adopt a decision thereon. This decision may be appealed within 15 days to the Agrarian Reform Commission under the Government of the Republic of Lithuania, upon which the Commission shall consider the appeal with the period of one month and shall adopt the final decision.
  57. Higher level agrarian reform agencies shall not consider complaints which have not yet been considered by the lower level agrarian reform agencies. Chapter 5 Land Exploitation Organization Article
  58. The Drafting of Land Reform Plans for the Organization of Land Exploitation
  59. Comprehensive land reform plans for the organization of land exploitation shall be drafted for the territory of an agricultural enterprise or of a rural district.
  60. Land reform plans for the organization of land exploitation shall be drafted with State funds. The schedule of their preparation shall be approved by the Ministry of Agriculture, according to the applications of district privatization commissions. Article
  61. The Procedure for Considering, Coordinating, and Approving the Land Reform Plans for the Organization of Land Exploitation
  62. Land reform plans for the organization of land exploitation shall be considered at the meetings of natural or legal persons who are applying for land with the agrarian reform agency of the respective rural district , and shall be coordinated with the State institutions concerned.
  63. The coordinated comprehensive land reform plans for the organization of land exploitation shall be approved by the district board. Article
  64. The Marking of Land Plots and the Distribution of Land Ownership Documentation In coordination with the land reform plans for the organization of land exploitation, the State Institute of Land Exploitation Organization shall mark the boundaries of the land plots, and shall prepare documentation of land ownership or land usage rights. The forms of these documents, and the procedure for their preparation and distribution shall be established by the Government of the Republic of Lithuania. Vytautas Landsbergis President Supreme Council Republic of Lithuania Vilnius 25 July 1991 No. I-1607

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