REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA Law on the Procedure for the Restoration of the Rights of Religious Communities to the Existing Real Property Article

1. The Objective of this Law This Law shall regulate the procedure and conditions for the restoration of the right of religious communities to the existing real property which was nationalised under the laws of the former LSSR (USSR) or in any other manner expropriated by the State, excluding land, internal water bodies, forest areas and parks as well as other property which, pursuant to Article 47 of the Constitution of the Republic of Lithuania, is the exclusive property of the Republic of Lithuania. Historical, archaeological and cultural objects of national significance, as the exclusive property of the Republic of Lithuania, may be given over for use for an unlimited period of time only after the terms and conditions of monument protection have been established with regard to the monument and after the religious community has signed the protection obligation. Article
2. The Right of a Religious Community to Reclaim the Existing Real Property Religious communities which functioned in the Republic of Lithuania prior 21 July 1940 and the property of which was expropriated by the State, shall have the right to reclaim real property. Those religious communities which are recognised as the successors of the religious communities which are being re- established, shall be entitled to the same right. This status must be approved by the supreme authority of the appropriate religious community. The dispute concerning the activities of a religious community which has ceased functioning, and concerning the succession rights shall be settled in court. Article
3. The Restoration of the Right of Ownership to the Existing Real Property Religious communities shall have the right of ownership restored to that existing real property in the territory of Lithuania which was nationalised or otherwise taken from religious communities by the State without their consent. The ownership right to the existing real property shall be restored by: 1) giving back the existing real property in kind; or 2) buying out the existing real property in accordance with the procedure established by Article 12 of this Law. Article
4. Returning the Property in Kind At the request of a religious community, the existing real property shall be returned to it in kind, with the exception of the following property: 1) residential houses and flats, if they are occupied by tenants; 2) buildings and other structures which have been reconstructed or rebuilt and thereby their gross floor area has been increased by more than 1/3 in a manner which makes it impossible to separate the additional floor area from the original one, or provided that their basic structures have been altered in excess of 50%; 3) buildings and structures which have been given over to scientific, medical, cultural, educational institutions or communications companies; and 4) buildings or their parts which have been conveyed into private ownership under the laws in effect at the moment of conveyance. The procedure for conveying property which is returned in kind to religious communities shall be established by the Government of the Republic of Lithuania. Article
5. Procedure for Filing Applications to Reclaim the Existing Real Property Religious communities shall file applications concerning the restoration of the rights to the existing real property and the return thereof with the property manager, according to the place in which the property is located, within one year from the coming into effect of this Law. The documents confirming the right of ownership must be produced within one year from the filing of the application to restore the ownership right to the existing real property. Article
6. Content of the Application to Reclaim the Existing Property The application to reclaim the existing property or for the compensation thereof shall contain the name of a religious community, its registered address, objects of real property, their location, the grounds for the entitlement to the ownership rights to this property, the reason for the loss of property and the date when it was lost, and the present user thereof. The application must state whether the applicant wishes to recover the property in kind, or to be given other property equivalent thereto or to receive a compensation for the property. Documents confirming the ownership right must be attached to the application. Applications filed prior to the coming into effect of this Law must be supplemented according to the provisions of this Law. Article
7. Documents Confirming the Right of Ownership Property nationalisation deeds, extracts from Mortgage Books and Notarial Registers, property conveyance agreements, Court decisions as well as certificates issued by the State Archives may serve as documents confirming the right of ownership. In the event that the documents confirming the ownership have not survived or have not been found in the State Archives of Lithuania, the interested religious community may prove in court the legal fact confirming their right to the property. Article
8. Institutions which Examine the Applications of Religious Communities regarding the Restoration of Ownership Rights The applications of religious communities concerning the existing real property which is under the jurisdiction of local governments shall be examined by the town (district) mayor (board); if the property is under the jurisdiction of other state enterprises, institutions and organisations - by the ministry to the sphere of regulation whereof the organisations or the property belong. Article
9. Passing Decisions concerning the Restoration of the Right of Ownership Decisions concerning the existing real property which is under the jurisdiction of local governments shall be passed by the town (district) Council; decisions concerning property under the jurisdiction of state enterprises, institutions and organisations - by the ministry to the sphere of regulation whereof the enterprises, institutions, organisations or the property belong Decisions on the restoration of the right of ownership shall be passed within 6 months of the date of filing of documents confirming the right of ownership. A religious community shall acquire the right of ownership in respect of the returned property after the decision to return the property has been registered with the property registration agency. Article
10. The Procedure for Appealing against the Decisions concerning the Restoration of Ownership Right Decisions regarding the return of property in kind or its buy-out passed by the institutions specified in Article 9 of this Law may be appealed against in court within one month of the day of the passing of the decision. Parties to the proceedings shall be exempt from the payment of stamp duty. Article
11. Guarantees for Tenants Tenants of the premises returned to religious communities in accordance with this Law who have concluded lease agreements prior to the coming into effect of this Law shall have the right to rent said premises until the expiry of the term specified in the agreements but not in excess of five years. Article
12. The Buying out of the Existing Real Property In the cases when a religious community does not wish to have the property returned to it in kind or if said property is not subject to be returned in kind in accordance with Article 4 of this Law, the State shall buy out the property in one of the following ways: 1) transfer without payment the property of the same kind or value into the ownership of the community; 2) pay out a cash indemnity; 3) provide support for the repair works (renovation) of groups of monuments, buildings of worship; or 4) lease the land plot without announcing invitation for bids. The religious community shall choose the method of buy-out. The property shall be bought out in accordance with the procedure and time limit determined by the Government of the Republic of Lithuania, taking into account the real value of the property at the moment of its buy-out, upon deducting the expenses related to its improvement. The payment of cash indemnity for the real property that is being bought out shall begin after the lapse of five years from the day of passing of the decision concerning the payment of compensation. Under this Law, property destroyed after 14 February 1990 shall also be bought out. Article
13. Lease of Land Plots Adjoining the Buildings and Structures which have been Returned to Religious Communities Land plots adjoining the buildings and structures which have been returned to religious communities shall be formed by allotting the land plots used by the religious communities at the moment the buildings and structures are being returned and upon co-ordinating the plans of their boundaries with the town (district) architectural and land-use organisation services. Land plots adjoining the buildings and structures which have been returned shall be leased without holding auctions, by determining, according to the procedure established by law, the conditions, restrictions and servitudes of their use. Article
14. The Use of Budgetary Resources Cash indemnities for real property shall be paid to religious communities from the State Budget or local government budgets. Article
15. Final Provisions In exceptional cases the right of ownership to the existing real property specified in Article 4 of this Law may be restored by returning the property in kind by agreement between the Government and the religious community which agreement has been approved by the Seimas of the Republic of Lithuania. The request of a religious community regarding the return of real property in kind must be filed prior to the day of coming into effect of this Law. As of the day of coming into effect of this Law, decisions concerning the return of houses of worship and other buildings or the payment of cash indemnities to religious communities pursuant to the Law of the Republic of Lithuania "On the Return of Houses of Worship and other Buildings to Religious Communities" of 14 February 1990 shall no longer be accepted, whereas applications concerning the return of property or its buy-out shall be considered in accordance with the procedure established by this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic Vilnius 21 March 1995 No.I-822