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 WS2000_1.00____ EPFX85.PDF_____ 0 !Release_3.00___ !, 77037 43,+1980 1 1+*1980 1 1*-_ -._ ./_ /0_ _ _ _ _ 01_ _ _ _ _ 12_ 2u_ 0 0_i 0 0i^ 6^_ 6_[_A___________________

the Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property, while evaluating the established objective public economic relations. 2. As used in this Law: 1) “Owner” means the person whose real property was nationalised under the laws of the USSR (Lithuanian SSR) or which was otherwise unlawfully made public, and to whom the rights of ownership to the existing real property are being restore

this law; 2) “Vacant land stock” means areas of land, forest and water body, which are not attributed to the land taken and bought out by the State, and which the citizens specified in Article 2 of this Law do not desire to be given back in kind, as well as the areas of land, forest and water body which are left over after the restoration of the rights of ownership to the land, forest or water body of maximum size which are subject to restitution under this Law; 3) “Real property bought out by the State” means the real property which, due to the reasons specified in this Law, has been taken and is bought out by the State, which compensates its owner in the manner prescribed by this Law; 4) “New plot of land in a town” means a plot of land which is being allotted for private construction, as well as for kitchen garden, garden and other similar needs; 5) “A utilised plot of land, which adjoins private dwelling houses and other structures in towns” means a plot of land specified in the technical description of a housing estate or other structures, prior to the day of coming into force of this law; and 6) “Isolated farmstead” means a individual homestead situated outside the limits of a town, as well as outside the built-up territory of a small town and village. Article

  1. Citizens Entitled to Restoration of the Rights of Ownership
  2. Ownership rights to the real property specified in Article 3 of this law shall be restored to the following citizens of Lithuania: 1) the owner of the property; 2) the persons to whom the now-deceased owner of the property left his property by a will, irrespective of the fact that there is no evidence of the fact of devise of land or other real property, and upon their death - their spouses, parents (adoptive parents), children (adopted children) or the spouses and children of such persons; 3) the spouse, parents (adoptive parents), children (adopted children), if they are citizens of the Republic of Lithuania, of the owner of the property who died without making a will or emigrated abroad during the occupation period (1939-1990) and there received the citizenship of another country, upon losing the citizenship of the Republic of Lithuania; 4) the spouse, children (adopted children) of the now-deceased child (adopted child) of the owner of the property; and 5) the citizens to whom the property has been transferred by will the form and procedure of making whereof is not in compliance with the law (domestic will) or by agreements (purchase-sale contract, deed of gift or another written document), as well as to the citizens to whom the successor has left the property by will. Such persons (who wish to restore ownership rights) must appeal to the court regarding the establishment of the fact possessing a judicial meaning.
  3. Upon the death of the citizens specified in items 1, 2, 3, and 4 of paragraph 1 of this Article, who had filed applications for the restoration of the rights of ownership in due time, the rights of ownership shall be restored in the name of the deceased and transferred to the heir, provided the latter is a citizen of the Republic of Lithuania.
  4. The citizens specified in paragraph 1 of this Article may, by a notarised agreement, transfer the right to restore the rights of ownership to the existing real property to their children (adopted children), parents (adoptive parents), spouses, grand-children, and other persons, provided they are citizens of the Republic of Lithuania. Article
  5. Property to which the Rights of Ownership shall be Restored
  6. Ownership rights to the following real property shall be restored to the citizens specified in Article 2 of this Law: 1) land; 2) forests; 3) water bodies; 4) structures used for economic and commercial purposes together with their appurtenances; 5) residential houses together with their appurtenances;
  7. The ownership rights shall be also restored to the real property, indicated in items 1, 2, and 3 of paragraph 1 of this Article. The ownership rights shall be also restored to that real property, indicated in items 4 and 5 of paragraph 1 of this Article, which existed by 1 August 1991, but which ceased to exist due to decisions adopted by the State, local authority institutions. II Chapter Conditions and Procedures for the Restoration of the Rights of Ownership Article
  8. Conditions and Procedures for the Restoration of the Right of Ownership to Land in Rural Area
  9. The rights of ownership to a plot of land, the total area whereof did not exceed, including forests and water bodies, 150 hectares, shall be restored to its former owner. If the total area of the owned land, including forests and water bodies, exceeded 150 hectares, also if the area of land returned in kind is smaller than the area of land previously held by the owner, the citizen shall be entitled, within the former land holding, to choose,

his wish, the part of the plot of land, forest, water body which are subject to restoration of the rights of ownership under this Law. 2. Land shall be given back in kind to a citizen or citizens in the former locality by the right of common ownership, with the exception of the land which,

Article 12

of this Law, is attributed to the land subject to State buy-out, and the land that citizens are not willing to get back in its former locality in the case specified in paragraph 10 of this Article. 3. The State shall compensate in accordance with Article 16 of this Law the citizens for the land subject

Article 12

of this Law to being bought out by the State, as well as for the land that citizens are not willing to get back in its former locality in the case laid down in paragraph 7 of this Article. 4. Land shall be returned in kind immediately. In that part of the territory of the State of Lithuania where the strip system was still existent, the land shall be given back and compensated in kind

the drawn-up land survey plans of the land reform. A plot of land equal in value to the one held previously shall, in the same manner, be transferred into the ownership of the former owner without payment. 5. Citizens to whom land is being given back in kind or to whom a plot of land equal in value to the one they held previously is transferred into their ownership without payment, must comply with special conditions of land use and real servitudes which are established

land survey plans of the land reform.

  1. The size of the area of land, forest subject to being given back in kind to a citizen or the size of a plot of land, forest equal in value to the one he held previously, transferred into his ownership without payment, shall include a plot of housing estate land and garden land of the gardeners’ society which is under privatisation (already privatised), a plot of land used by him or acquired by him into ownership from the State for a household farm, as well as plots of land of equal value (except the plots of land of privatised housing estates not exceeding 0.25 ha (parts of such plots of land) and plots of land of the gardeners’ societies) which the citizen has acquired into ownership from the State.
  2. The land in which communications are laid, as well as the land lying within the territory of prospected mineral resources deposits which are not in use, or situated within protected territories, shall be given back to citizens for limited, purpose-oriented utilisation.
  3. Upon their wish, the owners of isolated farmsteads and the participants-volunteer soldiers of the 1940-1990 armed resistance whose destroyed family homesteads were situated on the territory now allotted for a residents’ household farm, office entitlement parcels and a peasants’ farm shall be given back not less than 3 hectares of agricultural lands adjoining these isolated farmsteads and destroyed family homesteads, and the remaining part of the plot of land shall be bought out by the State and compensated

Article 16of this Law.

When in the manner prescribed by the Law a plot of land which the owner wishes to get back in kind, except the cases specified above in this Subparagraph, is allotted and used for a residents’ household farm or a peasants’ farm, the owner who desires that the right of ownership be restored in kind, or a person who presently is using this plot of land or has acquired it into ownership from the State, may be allotted a plot of land the area whereof is 30 per cent larger than an equivalent plot of land, from the land of the vacant land stock, which lies within the territory covered by a local land survey plan of the land reform. If the citizens, to whom the rights of ownership are being restored to this kind of land, are volunteer soldiers of the 1918-1920 struggles for independence, participants of the opposition (resistance), political prisoners, deportees or the persons decorated with the Order of the Cross of Vytis, their spouses, parents (adoptive parents), children (adopted children), by the decision of the county governor an area of a proposed plot of land from the vacant land stock in the county territory may be increased by 100 per cent. If in the vacant land stock within the county territory there is not a plot of land sufficient in size, the county governor shall mediate for the formation of such a plot in the territory of another desirable county. These persons may be also granted other privileges provided by laws. 9. The land in which industrial gardens, berry plantations and nurseries are set up shall be returned to citizens in kind. The users of this land, provided that the owner of the land expresses a wish and settles with the users for trees and berry shrubs (unless otherwise agreed), must vacate the land within the period of three years. The owners of the returned land shall settle with the users of that land for the trees and berry shrubs in the manner prescribed by the Government. 10. The land planted with and covered by forest growth shall be given back in kind. If a citizen refuses to take a plot of land planted with and covered by forest growth, the State shall compensate him

Article 16of this Law.

  1. The land lying in a rural area which is used or leased to natural and legal persons, private enterprises for exploitation of economic-commercial buildings and structures (under construction or already built) as well as buildings and structures designated for the rest and recreation (under construction or already built) owned by them by the right of ownership, and which is not assigned in accordance with Article 12 of this Law to the land subject to buying-out by the State shall be given back in kind, upon cancelling land lease contracts in accordance with the Law on the Leasing of Land. Legal and natural persons (owners of buildings and structures) shall, in accordance with the procedure established by the Law on the Leasing of Land, rent this land and pay the owner of this land a land rent in the amount of the rent for State-owned land. The area and limits of these plots of land shall be fixed in land survey plans of land reform.
  2. The land turned into ponds shall be given back in kind to citizens for limited, purpose-oriented utilisation (except the equipment of the pond dam if they are attributed to dangerous equipment). The land on which industrial fishery ponds are installed shall be given back in kind to citizens for a limited, purpose-oriented utilisation, provided that the owners of such land agree to conclude land lease contracts with users of fishery ponds for at least five-year period. Users of fishery ponds shall, in accordance with the procedure established by the Law on the Leasing of Land, rent these ponds and pay the owners a land rent in the amount of the rent for State-owned land. If a citizen refuses to take a plot of land transferred into a pond or does not consent to conclude a contract of the lease of the said land with the users of fishery ponds, this land shall be bought out by the State and it shall be compensated in accordance with Article 16 of this Law. The Government shall approve a list and areas of industrial fishery ponds. Article
  3. Conditions and Procedures for the Restoration of the Ownership Rights to Urban Land
  4. The ownership rights shall be restored to the land formerly held by the owner, provided that the area of said land did not exceed 150 hectares, including forests and water bodies.
  5. The rights of ownership to the land which, prior to 1 June 1995, was situated within the territory that was, in the prescribed manner, attributed to towns shall be restored

the following procedure: 1) by transferring without payment into the ownership of the citizens who have residential houses or other structures by the right of ownership, a plot of land in use by them, the boundaries whereof are established in the territorial planning documents, adjoining these structures or a plot of land designated for another purpose (kitchen garden, garden and other), established in the territorial planning documents, except within the territory the National Park of the Curonian Peninsula, but not exceeding 0.2 hectares in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas, and not exceeding 0.3 hectares in other towns. When a utilised plot of land, adjoining structures, lies within the land held by the right of ownership and its area exceeds 0.2 hectares or 0.3 hectares respectively, upon the citizen’s request, this larger utilised plot of land adjoining the structures shall be transferred into the right of ownership without payment, as well as a remaining, free (without constructions) area of the plot of land possessed by the owner which adjoins the said utilised plot of land (when there are several citizens enjoying the right to restore the right of ownership to such land - upon their request, this larger utilised, free (without constructions), remaining area of the plot of land adjoining the structures shall be transferred without payment into joint ownership or into the ownership of the owner of the structures), regardless of the drawn-up territorial planning documents of that locality, but not exceeding 1 hectare of total area in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and not exceeding 1.5 hectares of total area in other cities; 2) by transferring without payment a new plot of land into the ownership of a citizen, which is prepared or not prepared for use in a manner prescribed by the Government, when the Government has approved its size in the same town in which he previously owned the land, with the exception of the territory of the National Park of the Curonian Peninsula, or at the request of the citizens - in the town where they reside (except the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and the territory of the National Park of the Curonian Peninsula). New plots of land in the parts lying within the areas of towns which are entered in the Register of Immovable Cultural Properties of the Republic of Lithuania (the List of Cultural Areas) shall not be transferred into ownership for individual construction or other purposes (except the cases when in this territory individual construction is intended for a citizen

the territorial planning documents on the land possessed by him by the right of ownership); utilized plots of land shall be transferred without payment into ownership only to those persons who own residential houses or other structures by the right of ownership in these parts lying within the areas of towns. When the citizen refuses to accept a new plot of land prepared or not prepared for use (for choice ) in a manner prescribed by the Government, which is transferred without payment into the ownership of the said citizen for individual construction, at his request, he shall be given as a compensation an average amount of money due for a plot of land, the size whereof is established by the Government, in that town in accordance with Article 16 of this Law. Such sum of money shall be fixed by the Government.

  1. The size of a new plot of land, transferred without payment into the ownership of citizens, which is situated within the town limits shall, at the proposal of the town, district local authorities, be approved by the Government. The minimum size of a new plot of land transferred without payment into ownership shall be 0.04 hectares (with the exception of a smaller plot of land held by the right of ownership). The maximum size of a new plot of land transferred without payment into ownership must not exceed 0.2 hectares in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga and Birštonas, and 0.3 hectares in other towns.
  2. If the size of a plot of land, held by the owner, was at least 0.04 hectares larger than the size of a plot of land he presently utilises, he shall, if possible, additionally receive without payment into his ownership a new plot of land, the size whereof is at least 0.04 hectares, designated for individual building and other purposes. The total area of the plot of land a citizen utilises, which is transferred without payment into his ownership, and of the new plot of land, additionally transferred without payment into ownership must not exceed the size, set by the Government, of the area of a new plot of land transferred without payment into ownership for individual building and other purposes in that town.
  3. In case the area of a plot of land within the town limits, which has been restituted or transferred without payment into the ownership of a citizen, is smaller than the area of the plot of land to which, pursuant to this Law, his rights of ownership are being restored, the State shall compensate him for the difference in the plots of land

Article 16of this Law.

6. The right of ownership to land situated within the territories of the municipalities of the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga and Birštonas, which was attributed to the territories of the municipalities of these towns after 1 June 1995, shall be restored in the manner prescribed by Article 4 of this Law by giving it back in kind, and if this land is,

Article 12

of this Law, attributed to the land subject to being bought out by the State, the State shall compensate for it

Article 16of this Law.

Article

  1. Conditions and Procedures for the Restoration of Ownership Rights to Forests and Water Bodies
  2. Ownership rights to the forest or water body previously held by the owner, the total area whereof did not exceed 150 hectares, including the land situated in a rural area.
  3. Forest or a water body shall be returned in kind in its former locality to a citizen or citizens by the right of common ownership, except the forest and water bodies which are attributed to the ones subject to be bought out by the State pursuant to Article 13 of this Law, as well as the areas of the former forests and water bodies which, in the case provided for in paragraph 7 of this Article, citizens do not desire to get back in the former locality.
  4. Forests and water bodies situated in protected territories shall be given back to citizens for limited, purpose-oriented utilisation.
  5. The State shall compensate,

Article 16

of this Law, the citizens for the forest and water bodies attributed, pursuant to Article 13 of this Law, to the ones subject to be bought out by the State, as well as for the areas of the former forest and water bodies which, in the case provided for in paragraph 3 of this Article, they do not desire to get back in the former locality.

  1. The rights of ownership of citizens to forests and water bodies shall be restored in accordance with the land survey plans of land reform drawn up in the manner prescribed by the Government.
  2. Citizens must comply with the special forest and water body use conditions and servitudes established in land survey plans of land reform.
  3. If the forest or water body subject to restitution has not survived, the area of land where the forest or water body was previously situated shall, at the citizen’s request, be given back to him or the State shall compensate him in accordance with Article 16 of this Law. Article
  4. Procedure for the Restoration of Ownership Rights to Buildings and their Accessories, Used for Economic and Commercial Purposes
  5. The ownership rights to buildings used for economic and commercial purposes and their accessories shall be restored to persons specified in Article 2 of this Law by returning the aforesaid buildings in kind in the manner prescribed by the Government, with the exception of the buildings used for economic and commercial purposes subject to the State buy-out

Article 14of this Law.

2. It shall be compensated,

Article 16

of this Law, for buildings used for economic and commercial purposes and their accessories which are subject to the State buy-out, as well as for the buildings used for economic and commercial purposes and their accessories, specified in Article 3 of this Law, which have not survived after 1 August 1991 due to the decisions adopted by the State, local authority institutions. 3. Upon giving back buildings used for economic and commercial purposes and their accessories in kind, the ownership rights to the land on which the given back buildings are situated shall be restored to citizens

the procedure established in Articles 4 and 5 of this Law, irrespective of whether a separate application for giving back this land has been filed. Article

  1. Conditions and Procedures for the Restoration of Ownership Rights to Residential Houses, Portion thereof, Flats Ownership rights to residential houses, portion thereof, flats shall be restored to persons specified in Article 2 of this Law by returning them in kind, except the residential houses, portion thereof, flats which are subject to the State buy-out pursuant to Article 15 of this Law.
  2. The State shall compensate,

Article 16

of this Law, citizens for residential houses, portions thereof, flats which are subject to the State buy-out, as well as for the residential houses, portions thereof, flats, specified in Article 3 of this Law, which have not survived after 1 August 1991 due to the decisions adopted by the State, local authority institutions.

  1. Upon giving back the residential houses, portions thereof, flats in kind, the right of ownership to land on which the given back houses are built, shall be restored in the manner prescribed by Articles 4 and 5 of this Law, irrespective of whether a separate application for giving back this land has been filed.
  2. Upon giving back residential houses, parts thereof or flats in kind or upon giving into ownership other dwellings to the persons specified in Article 2 of this Law, these citizens together with their family members and subtenants must, within two months from the day of transferring the empty dwelling premises to them, vacate the dwellings rented by them, belonging to the State or local authority housing stock.
  3. If citizens do not desire to get back the houses in kind where tenants reside or do not agree with the conditions laid down in Article 20, they shall receive compensation

Article 16of this Law.

Article

  1. Documents Confirming the Title of Ownership
  2. Extracts from mortgage books, in the absence of the latter - deeds of conveyance, court decisions, deeds of property nationalisation, as well as certificates issued by state archives, wills and other documents established by the Government shall serve as documents confirming the rights of ownership.
  3. The citizens whose documents confirming the rights of ownership to the existing real property, as well as confirming relation by blood or connection by marriage have not survived, shall be entitled to appeal to the court for establishment of ownership rights and relation by blood or connection by marriage in the manner prescribed by the Code of Civil Procedure. Article
  4. Procedure for Filing Applications for the Restoration of Ownership Rights
  5. The rights of ownership shall be restored to the citizens whose applications for the restoration of the rights of ownership have been filed within the period of time established by Law of the Republic of Lithuania on the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property. The rights of ownership to the existing real property of the citizens, whose application for the restoration of the rights of ownership were filed between 10 September 1993 and the day of suspension of the validity of Law of the Republic of Lithuania on the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, shall be restored by giving back land, forest in kind or it shall be compensated in the ways provided for in Law of the Republic of Lithuania on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, except in cash, if the ownership rights to this property have not been restored to other citizens specified in Article 2 of this Law.
  6. The citizens, who were not entitled to the restoration of the rights of ownership

Law of the Republic of Lithuania on the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property and who have acquired such right

Law of the Republic of Lithuania on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, as well as the citizens who missed the period of time established for filing applications for the restitution, shall file applications for the restoration of the rights of ownership to real property with the institution authorised by the Government. The rights of ownership of said citizens to the existing real property shall be restored, provided that the rights of ownership to this existing real property have not been restored to other persons specified in Article 2 of this Law in the ways specified in Paragraph 1 of this Article, and the rights of ownership to the land, forest and water bodies only in the event when in the approved land survey plans of land reform this land, forest or water body is assigned to the vacant land stock.

  1. Documents confirming citizenship as well as the rights of ownership and relation by blood or connection by marriage with the owner must be presented together with the application for the restoration of the rights of ownership. Article
  2. Contents of Applications for the Restoration of the Rights of Ownership
  3. The application for the restoration of the rights of ownership to the existing real property shall contain the full name and place of residence of the citizen entitled to the restoration of the rights of ownership, the full name of the owner of the existing real property and the type, size, location of that property, the grounds for the entitlement to the ownership rights to that property, the present owner of the property, as well as the date and the way that the ownership right was lost.
  4. The citizens to whom,

this Law, the rights of ownership to the whole area of land, forest or water body (provided that said area is vacant and subject to restitution in kind) are not restored, shall, on the grounds of Articles 4 and 6 of this Law, specify in their applications the areas of land, forest or water bodies to which they desire to be restored the rights of ownership. Chapter III Conditions By Reason of which the Existing Real Property shall be Bought out by the State Article 12. The Land Being Bought Out by the State The land shall be bought out by the State from the citizens specified in Article 2 of this Law and it shall be compensated for it pursuant to Article 16 of this Law if: 1) it is occupied by State-owned and local-authority-owned roads; airfields (the list plots of lands thereof shall be approved by the Government); it is occupied by military units and designated for the protection of State borders (plots of land and their boundaries shall be approved by the Government); it lies within the area of the utilised deposits of mineral resources; 2) in a rural area and, after 1 June 1995, within the territory assigned to towns it is occupied, pursuant to laws, by: housing estate (homestead) plots; plots of land necessary for exploitation of buildings and facilities of state institutions and organisations, as well as those serving public needs (under construction or already built) except plots of land occupied by buildings and structures designated for rest and recreation; other territories used for public needs (streets, squares, public gardens, cemeteries, water bodies, beaches, etc.); it is allotted for individual construction. Areas and boundaries of such plots (territories) of land shall be established in territorial planning documents; 3) it was situated, prior 1 June 1995, within the territory assigned to towns in the prescribed manner, excluding the exception laid down in paragraph 2 of Article 5 of this Law, when a utilised plot of land adjoining structures lies within the land held previously by the right of ownership and is transferred into ownership without payment; 4) it is occupied by gardens of gardeners’ societies; 5) it lies within the territory of state reserves, national and regional park reserves and of the national park of the Curonian Peninsula ; 6) it is acquired into private ownership in accordance with laws; 7) the land is,

laws, allotted and used a residents’ household farm, as well as allotted for office entitlement parcels. The size and boundaries of the plots of such land shall be established in newly drawn-up land survey plans of land reform; 8) it is allotted for use by scientific and educational institutions, state institutions of social guardianship and care, transferred to state specialised seed-growing, stock-breeding farms, special-purpose seed-growing partnerships. The list of users of this land and the size of the plots of land utilised by them shall be established by the Government; 9) it is with installed ponds, industrial fishery ponds (including the land occupied by the equipment of the pond dam) and when the owners refuse to have it given back in accordance with Paragraph 12 of Article 4 of this Law; 10) it is in compliance with the conditions specified in Paragraphs 8, 10 and 12 of Article 4 and Paragraph 5 of Article 16 of this Law. Article

  1. Forests and Water Bodies Bought Out by the State Forests and water bodies shall be bought out by the State from the persons specified in Article 2 of this Law and the State shall compensate for them in pursuance with Article 16 of this Law, provided that these forests and water bodies are: 1) assigned to forests of State significance, inland water bodies of State significance. The areas of these forests and water bodies shall be approved by the Government; 2) assigned to state reserves, reserves of state parks and forest reserves plots, national park of the Curonian Peninsula; 3) assigned to zone 1 of sanitary protection of towns; 4) assigned to forest genetic reserves, forest nurseries and seed orchards; 5) assigned to objects of scientific research and training of forestry, as well as of selective seed farming. The areas of these forests shall be approved by the Government; and 6) acquired into private ownership in accordance with laws. Article
  2. Buildings Used for Economic and Commercial Purposes being Bought out by the State Buildings used for economic and commercial purposes shall be bought out by the State from the citizens specified in Article 2 of this Law and it shall be compensated for them in accordance with Article 16 of this Law, provided these buildings: 1) have been substantially rebuilt (reconstructed) to such an extent that more than 60 per cent of the main constructions have been altered and it is impossible to separate the created new space from the former one; and 2) have been acquired into private ownership in accordance with laws.. Article
  3. Residential Houses, Portions thereof, Flats being Bought out by the State Residential houses, portions thereof, flats shall be bought out by the State from the citizens specified in Article 2 of this Law and it shall be compensated for them

Article 16

of this Law, provided these residential houses, portions thereof, flats: 1) have been reconstructed into premises unfit for human occupancy and used for educational, health care, protection, cultural, scientific needs, and by communal care residences. The list of these premises shall be approved by the Government; 2) have been substantially reconstructed to such an extent that more than 50 per cent of the main constructions have been altered and it is impossible to separate the created new space from the former one, if the total space exceeds the former by 30 per cent; 3) have been acquired into private ownership

laws. Article

  1. Compensation to Citizens for Real Property which is being Bought out by the State
  2. The State shall compensate citizens for the existing real property which is being bought out by the State, as well as for the real property which existed prior to 1 August 1991, but after that did not survive due to the decisions adopted by the State, local authority institutions.
  3. When the State compensates citizens for the real property which,

this Law, is not given back in kind, the principle of equal value shall be applied to both the property that is not being given back and the other property which is being transferred instead of it as compensation for the property bought out by the State. 3. When compensation is provided for the real property bought out by the State and for the real property which, in the cases provided for in this Law, citizens do not desire to get back in kind, compensation (the value of the land, forest, water body which are transferred without payment, the sum of money paid, the number of securities issued) shall be calculated

the estimating method approved by the Government, taking into account the actual value of the property that is being bought out and the other property which is being transferred at the moment of providing compensation. When compensating for the land which is situated within the limits of a town, it shall be adhered to a stipulation that, the land, assigned to towns after the unlawful nationalisation of land, shall be valued at the average market price of agricultural land situated in suburban areas, and the other land lying within the town area shall be valued at the average compensation price fixed by the Government for that town. 4.When compensating for the land, forest, water body which are not being given back, equal value of the land, forest, water body which are being transferred into ownership instead, shall be set in accordance with the methods approved by the Government.

  1. The land which citizens do not desire to be given back in kind in the former locality, may be given back to them by transferring into ownership a plot of land, equal in value to the plot of land held previously, from the vacant land stock pursuant to the order of acquisition of plots of land, established for citizens in the Law on Land Reform, as well as an equal in value plot of land which he uses and which adjoins the buildings owned by the right of ownership, shall be transferred into ownership without payment.
  2. In those cases when a major part of the agricultural lands owned by a citizen by the right of ownership is assigned, in accordance with Article 12 of this Law, to the land subject to buying-out by the State, upon his request, for the rest free are of land, provided that less than 3 hectares of agricultural lands are left or it is not expedient to restore a farm, he shall be compensated in the ways specified in this Article. In such cases, a decision regarding the expediency of the restoration of a farm shall be adopted by the county governor in accordance with the data provided by the author of a land survey plan of land reform. Forest plots which citizens do not desire to be given back in kind in the former locality, may be given back to them by transferring into ownership a plot of forest of equal value from the vacant forest stock only for the previously held forest plot or the land covered by forest growth and only in those counties in which the said citizens reside.
  3. Land and forest in state parks and state reserves shall be given back by transferring into ownership a plot of land or a plot of forest respectively, which must be of equal value to the one held previously, only to the citizens who reside in the region in which a state park or state reserve.
  4. Compensation for the buildings used for economic and commercial purposes, residential houses, portions thereof, flats which are not being given back

this Law, shall be established in accordance with the methods approved by the Government. 9. The State shall compensate the citizens for the land, forest and water bodies which are being bought-out by the State, in the following ways: 1) by transferring an area of land, forest, water body which is equal in value to the one held previously. It shall not be compensated for the land lying within the town territory (except for the owned forest which was situated within the town limits) with forest; 2) by making void by the law liabilities of a citizen to the State, which were incurred after the appropriation of real property, but prior to the day of the decision of restoration of the rights of ownership; 3) in securities; 4) by transferring without payment into ownership a new plot of land, equal in value to the one held previously, for individual construction in towns and rural areas, where the previously held land was situated, a plot of land of the present private housing estate (homestead), equal in value to the one held previously, (irrespective of the locality of the previously held land). In the manner prescribed by the Government, a new plot of land, equal in value to the one held previously, for individual construction may, upon the citizen’s request, be transferred without payment into ownership in other towns and rural areas than those where the previously held plot of land was situated, except in the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and Neringa; 5) in cash - by buying out the plots of land or forest situated in the rural area, with the exception of the cases specified in Paragraphs 7 and 10 of Article 4, and Paragraphs 3 and 7 of Article 6, as well as except the case when the land has been acquired into private ownership from the vacant land stock, which was not desired by the citizens, specified in Article 2 of this Law, to be returned. The amount of the compensation in cash may be increased by 15 per cent, provided that the rights of ownership to the land, which is bought out, have been or are restored to the citizens of the Republic of Lithuania - volunteer soldiers of the 1918-1920 struggles for independence, participants of the opposition (resistance), political prisoners, deportees or the persons decorated with the Order of the Cross of Vytis, their spouses, parents (adoptive parents), children (adopted children), and that this land, pursuant to Article 12 of this Law, is assigned to the land subject to State buy-out and is used for a residents’ household farm or a peasants’ farm, or office entitlement parcels; 6) in cash - by buying out the land which,

the procedure established by the Government, was assigned to the town territory between 1 August 1991 and 1 June 1995; 7) in cash - to political prisoners and deportees, citizens of the Republic of Lithuania, who have returned from deportation after entering into force of this Law and who do not desire to be given back land, forest and water bodies in kind in rural areas; and 8) in cash - to the citizens who have refused to accept a new plot of land transferred to their ownership without payment for individual building in towns, by giving them as a compensation an average amount of money fixed by the Government for a plot of land in that town, the size whereof is established by the Government; 9) by transferring without payment into ownership a water body equal in value to the one held previously - for the water body which is being bought out or which no longer exists.

  1. The State shall compensate citizens for the residential houses, portions thereof, flats which are being bought out by the State in the following ways: 1) by transferring without payment into their ownership the flats, rented by them, from the state or municipal housing stock, the difference in values whereof shall be paid in the manner prescribed by the Government; 2) by transferring, in the manner prescribed by the Government, without payment into ownership the flats which are equal in value to the previously held houses, portions thereof, flats; 3) by allotting without payment into ownership a new plot of land for individual construction, equal in value to the houses, portions thereof, flats held previously, in the locality where they were situated. At the request of a citizen, an equivalent new plot of land for individual construction may be, in the manner prescribed by the Government, transferred without payment into ownership in the towns and rural areas other than those where residential houses, portions thereof, flats were situated, except the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas, and Neringa; 4) by transferring without payment into ownership vacant, not rented buildings, structures or the parts thereof equal in value to the houses, portions thereof, flats held previously. The procedure for the transfer of these buildings, structures and parts thereof shall be established by the Government; 5) by making void by the law a citizen’s liabilities to the State which occurred after the taking away of the real property up to the passing a decision to restore the rights of ownership, in accordance with the procedure established by the Government; 6) by transferring without payment into ownership other property in the manner prescribed by the Government; and 7) in cash and (or) in securities.
  2. The State shall, by issuing securities, compensate for the buildings and their accessories, used for economic and commercial purposes, which are being bought out by the State. Article
  3. Institutions that Consider Applications of Citizens for the Restoration of Ownership Rights
  4. Citizens’ applications concerning restoration of the rights of ownership to land, forest and water body shall be considered by the institution authorised by the Government.
  5. Citizens' applications for restoration of the rights of ownership to residential houses, portions thereof, flats, economic and commercial structures shall, in accordance with the procedure established by the Government, be considered by the mayor (board) of the town, district municipality or another institution authorised by the Government. Article
  6. Adoption of Decisions on the Restoration of Ownership Rights
  7. Institutions specified in Article 17 of this Law must consider the applications of citizens and adopt decisions concerning the restoration of ownership rights within 6 months following the day that the documents confirming the right of ownership and relation by blood or connection by marriage are submitted, and other documents, specified in this Law, are prepared.
  8. The citizens specified in Article 2 of this Law must be informed about the time of the adoption of a decision. If such citizens fail to attend the deliberation, a decision may be adopted without them participating.
  9. In the absence of a possibility to restitute the property in kind

this Law, the institutions which consider citizens’ applications for the restoration of the rights of ownership, must propose in writing other forms of compensation, which are provided for in this Law.

  1. The decision, adopted by the institution, to return in kind a residential house, portion thereof, or a flat to a citizen must specify the guarantees granted by the State to the tenants and owners of such residential house, portion thereof or a flat, as well as the period of validity of the said guarantees
  2. The value of the real property bough-out by the State must be indicated in the decision.
  3. Decisions shall be issued to citizens within 30 days following the adoption thereof. Article
  4. Procedure for Appealing against Decisions Pertaining to Restoration of the Rights of Ownership
  5. Decisions adopted by the institutions specified in Article 17 of this Law concerning the restoration of ownership rights to the existing real property may be appealed in court within 30 days following the issuing of said decisions to citizens.
  6. In these cases the parties shall be exempt from stamp duty. Article
  7. State Guarantees to Tenants and Owners of Residential Houses, Portions thereof, Flats. The Rights and Duties of Tenants and Owners
  8. When a residential house, portion thereof, flat, occupied by tenants reside, is given back in kind to a citizen, all the tenants’ rights and duties

the contract of tenancy of living premises shall, in the manner prescribed by the Government, be taken over by a local authority until the time when the State fulfils the guarantees given to them. Until such time as the owner shall be prohibited from terminating the contract of tenancy with a local authority and shall be prohibited from evicting tenants, with the exception of the cases provided for in the Civil Code. 2. The local authority which has taken over the tenants’ rights and duties, shall, in the manner and in accordance with the conditions prescribed by the Government, rent living premises to the tenants who reside in these premises, as well as shall have care of exploitation and maintenance thereof. These tenants shall pay a local authority rent and public utilities charges

the rates established by the local authority, and the local authority shall, in the manner and in accordance with the conditions prescribed by the Government, settle with the owner of a returned house, portion thereof, flat

the contract of tenancy of living premises.

  1. The institution which adopts a decision to return in kind a residential house, portion thereof or a flat, must issue a state guarantee document to the tenants who live there. Such guarantee document shall be issued to the owner of the returned house, portion thereof or a flat. State guarantees, fulfilment thereof, the rights and duties of guarantee holders shall be established by the Law on the Amount of Compensations for Real Property Bought out by the State, the Source, Term and Order of Payment of such Compensations, and Guarantees and Privileges Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property.
  2. Tenants who live in a residential house, portion thereof or a flat which is returned in kind to the citizen, must, within 3 months from the day of receipt of the notification of the institution referred to in Paragraph 2 of Article 17 of this Law, express in writing their wish regarding the state guarantee provided for in the Law on the Amount of Compensations for Real Property Bought out by the State, the Source, Term and Order of Payment of such Compensations, and Guarantees and Privileges Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property. The institution referred to in Paragraph 2 of Article 17 of this Law shall, at its own discretion, establish a state guarantee for the tenants who, during the set period of time, have not expressed their wish regarding the state guarantee provided for in the said Law.
  3. If the owner of a residential house sells a returned residential house, portion thereof or a flat, the tenants shall have the right of priority to purchase it in accordance with the procedure and conditions laid down in Article 125 of the Civil Code.
  4. Those tenants who remain to live in residential houses, portions thereof, flats the owners do not desire to be given back, shall acquire the right to buy them out pursuant to the Law on the Privatisation of Flats within 6 months after the registration with the Real Property Register of the decision relative to the legal registration of a residential house, portion thereof, flat in the name of a local authority or the State.
  5. The provisions of paragraphs 1 and 2 of this Article shall be valid even in the event of the change of the owner of a house, portion thereof, flat. . Chapter IV Final Provisions Article
  6. Special Provisions Pertaining to Application of this Law
  7. Applications of citizens for restoration of the rights of ownership, which have been submitted within a time-limit established by the Law of the Republic of Lithuania on The Procedure and Conditions of Restoration of the Rights of Ownership of Citizens to the Existing Real Property and have not been considered before coming into force of the Law of the Republic of Lithuania on The Restoration of the Rights of Ownership of Citizens to the Existing Real Property, shall be considered and decisions concerning them shall be adopted in compliance with the provisions of this Law.
  8. The citizens whose rights of ownership to the existing real property have been restored in accordance with the Law of the Republic of Lithuania on The Procedure and Conditions of Restoration of the Rights of Ownership of Citizens to the Existing Real Property, shall be entitled, within 3 months after the date of coming into force of the Law of the Republic of Lithuania on The Restoration of the Rights of Ownership of Citizens to the Existing Real Property, to appeal and submit applications to the institution authorised by the Government, concerning the adoption of an additional decision in accordance with this Law.
  9. A citizen may, within 3 months of the day of coming into force of the subordinate legislation adopted by the Government of the Republic of Lithuania for the implementation of the Law on the Amount of Compensations for Real Property Bought out by the State, the Source, Term and Order of Payment of such Compensations, and Guarantees and Privileges Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, change his expressed wish regarding the form in which the State compensates for the real property which is being bough out, provided that a decision on restoration of the rights of ownership has not been adopted. In the event that the decision has been adopted but not yet carried out, upon the request of the citizen, it shall be amended in accordance with the administrative procedure, and if the carrying-out of the said decision has been started, it may be revoked judicially and the citizen shall be exempt from stamp duty.
  10. The citizens in respect of whom provisions of paragraph 8 of Article 4 of this Law may apply, must, within 6 months after the date of coming into force of this Law, be presented with written proposals concerning their possibility to acquire a larger plot of land from the vacant land stock. Having received such proposal, the citizens must, within 2 months after the receipt of the proposal, inform in writing about their acceptance or refusal of the proposal received.
  11. The citizens whose rights of ownership to agricultural land and buildings used for economic and commercial purposes have been restored by restituting them in kind, shall have the right of priority to acquire the buildings, structures which belong to the State, local authorities or agricultural companies and which are situated within the boundaries of the land, which has been given back to them, or near the restituted buildings which are used for economic and commercial purposes. These buildings, structures shall be acquired

the procedure established by laws.

  1. When citizens who have acquired the land of a resident’s household farm or a peasant’s farm for lump-sum state allocations, sell it, the State shall have the right of priority to buy out it.
  2. The amount, sources, terms and procedure of payment of compensations provided for in this Law for the real property which is bought-out by the State, as well as the procedure and conditions of guarantees provided for in Article 20 of this Law for tenants, and privileges for volunteer soldiers of the 1918-1920 struggles for independence, participants of the opposition (resistance), political prisoners, deportees or the persons decorated with the Order of the Cross of Vytis, their spouses, parents (adoptive parents), children (adopted children) shall be established by a separate law.
  3. The citizens who, in accordance with paragraph 8 of Article 4 of this Law, have taken a plot of land situated in another rural area or who, in accordance with Article 16 of this Law, instead of the plot of land in the rural area, which is being bought out by the State, have been given an equivalent plot of land in another locality, may, in the manner prescribed by the laws, make use of the privileges and support granted by the State for the moving of a homestead and setting up of a farm. Article
  4. Invalid Legal Acts Upon coming into force of this Law, the following legal acts shall become invalid: 1) the Law of the Republic of Lithuania on The Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property; 2) the Resolution of the Supreme Council of the Republic of Lithuania on Coming into Force and Procedure of Application of the Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property; 3) the Provisional Law pertaining to the Suspension of Validity of the Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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