REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE PROCEDURE FOR THE RESTORATION OF THE RIGHTS OF RELIGIOUS ASSOCIATIONS TO THE EXISTING REAL PROPERTY 21 March 1995 – No I-822 (As last amended on 4 July 2002 – No IX-1035) Vilnius Article
- Purpose of the Law This Law shall regulate the procedure and conditions for the restoration of the right of religious associations 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 waters, forests 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 transferred for use for an unlimited period of time upon establishing the terms and conditions of monument protection in respect of that monument and after the religious association has signed the protection obligation. Article
- Right of Religious Associations to Reclaim the Existing Real Property Religious associations which functioned in the Republic of Lithuania before 21 July 1940 and the property of which was expropriated by the State shall have the right to reclaim real property. Religious associations recognized as successors to the rights of re-established religious associations shall be entitled to the same right. This status must be approved by the supreme authorities of the respective religious association. A dispute concerning the activities of a religious association which has ceased functioning and concerning the succession of rights shall be settled in court. Article
- Restoration of the Right of Ownership to the Existing Real Property Religious associations shall have the right of ownership restored to the existing real property in the territory of Lithuania which was nationalised or otherwise expropriated by the State from the religious associations without their consent. The right of ownership shall be restored by: 1) returning the existing real property of religious associations in kind; 2) buying out the existing real property in accordance with the procedure established in Article 12 of this Law. Article
- Returning of the Property in Kind At the request of a religious association, 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 in a way that their total floor area has increased by more than 1/3 and it is impossible to separate the newly created floor area from the initial floor area, or where over 50 per cent of their main constructions have been altered; 3) buildings and structures which have been transferred to scientific, healthcare, cultural, educational establishments and communications agencies; 4) buildings or parts thereof which have been transferred into private ownership under the laws in effect at the moment of conveyance. The procedure for transferring the property which is returned to religious associations in kind shall be established by the Government of the Republic of Lithuania. Article
- Procedure for Filing of Applications to Reclaim the Existing Real Property Religious associations shall file applications concerning the restoration of the rights to the existing real property and the return thereof with the manager of that property, based on the location of the property, within one year from the date of coming into effect of this Law. Documents confirming the right of ownership must be produced within one year from the date of filing of the application to restore the rights to the existing real property. Article
- Content of Applications to Reclaim the Existing Real Property An application to reclaim the existing real property or for the payment of compensation for it shall include the name of the religious association, the address of its registered office, the objects of immovable property, their location, the grounds for entitlement to the ownership right to this property, the reasons and date of the loss of ownership, and the current user of the property. The application shall specify whether the applicant requests the property to be returned in kind, equivalent in kind or to receive compensation for the property. Documents confirming the right of ownership must be attached to the application. Applications filed prior to the date of coming into effect of this Law must be supplemented in accordance with the provisions of this Law. Article
- 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. In the event that the documents confirming the ownership have not survived or have not been found in the State Archive of Lithuania, the concerned religious association may prove the legal fact confirming its ownership right to the property in court. Article
- Institutions Examining Applications of Religious Associations concerning the Restoration of Ownership Rights Applications of religious associations concerning the existing real property which is at the disposal of municipalities shall be examined by the city (district) board (mayor), and where the property is at the disposal of other state enterprises, agencies, organizations – by the ministry to the sphere of regulation whereof these organizations or property belong. Article
- Adoption of Decisions concerning the Restoration of Ownership Rights Decisions concerning the existing real property which is at the disposal of municipalities shall be adopted by the city (district) board (mayor), and where the property is at the disposal of other state enterprises, agencies, organizations – by the ministry to the sphere of regulation whereof these organizations or property belong. Decisions concerning the restoration of the right of ownership shall be adopted within six months from the date of filing of documents confirming the right of ownership. A religious association shall acquire the right of ownership in respect of the returned property upon registration of the decision to return the property at the property register agency. Article
- Procedure for Appealing against the Decisions concerning the Restoration of the Right of Ownership Decisions concerning the return of property in kind or the buy-out thereof adopted by the institutions specified in Article 9 of this Law may be appealed against in court within one month from the date of adoption of the decision. Parties to such proceedings shall be exempt from the payment of stamp duty. Article
- Guarantees for Tenants Tenants of the premises returned to religious associations 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 such premises until the expiry of the term specified in the agreements but not longer than for five years. At the request of tenants of residential houses, parts thereof, flats returned to religious communities or associations in kind before 30 March 1995, the institution which adopted the decision to return in kind the residential house, part thereof, flat to the religious community or association, and where this institution does not exist, the mayor of the municipality must issue them with the state guarantee document. State guarantee, the discharge thereof, the rights and duties of holders of guarantees shall be laid down in the Law on the Amount, Sources of Compensations for the Real Property Bought Out by the State, Terms and Procedure of Payment of Such Compensations as well as on Guarantees and Privileges Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property. Article
- Buying Out of the Existing Real Property In the cases where a religious association does not wish to have the property returned in kind or where the property is not subject to return in kind in accordance with Article 4 of this Law, the State shall buy out such property in the following ways: 1) by transferring without payment the property of the same kind or value into the ownership of the association; 2) by paying out cash compensations; 3) by providing assistance in repairing (renovating) monument ensembles, cult buildings; 4) by leasing a plot of land without an auction. The religious association shall choose the method of buy-out. The property shall be bought out in accordance with the procedure and time limits established 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 deduction of expenses relating to its improvement. The payment of cash compensation for the bought-out property shall commence after the lapse of five years from the date of adoption of the decision to pay out the compensation. Under this Law, the property destroyed after 14 February 1990 shall also be bought out. Article
- Lease of Plots of Land Adjoining the Buildings and Structures Returned to Religious Associations Land plots adjoining the building and structures which have been returned to religious associations shall be formed by allotting the plots of land used by the religious associations at the moment of return of the buildings and structures and upon co-ordination of the plans of their boundaries with the city (district) architectural land use agencies. The plots of land adjoining the buildings and structures which have been returned to religious associations shall be leased without an auction, by determining the conditions of and restrictions on their use and land servitudes in accordance with the procedure established by laws. Article
- Use of Budget Funds Cash compensations for the real property shall be paid to religious associations from the state or municipal budgets. Article
- 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 of the Government and the religious association, which is approved by the Seimas of the Republic of Lithuania. An application of the religious association concerning the return of such real property in kind must be filed prior to the date of coming into effect of this Law, except for the cases where the circumstances specified in Article 4 of this Law cease to exist. As of the date of coming into effect of this Law, decisions concerning the return of houses of worship and other buildings or the payment of cash compensations to religious communities pursuant to the Law of the Republic of Lithuania of 14 February 1990 on the Return of Houses of Worship and Other Buildings to Religious Communities shall no longer be accepted, and applications concerning the return of property or its buy-out shall be considered in accordance with the procedure established by this Law.