The translation of this document is outdated.
Translation validity: 03.05.2022.–17.03.2025.
Amendments not included:
13.02.2025.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
14 April 2016 [shall come
into force on 1 June 2016];
31 March 2022 [shall come into force on 3 May 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Alienation of Immovable Property Necessary for Public Needs
Chapter I
General Provisions
Section 1. The purpose of the Law is to lay down
transparent, efficient, and just procedures for alienating
immovable property of private individuals for public needs.
[31 March 2022]
Section 2. Immovable property shall be alienated for
State protection, environmental protection, health protection or
social security needs, construction of cultural, educational and
sports facilities, engineering structures and engineering
communications or development of transport infrastructure
necessary for the public as well as for ensuring other public
needs, provided that this aim cannot be achieved by other
means.
Section 3. Alienation of immovable property for public
needs shall be proposed and performed by a State administration
institution or local government the competence of which includes
ensuring of the respective public needs (hereinafter - the
authority).
Section 4. Alienation of immovable property for public
needs shall be performed upon agreement on voluntary alienation
of immovable property or expropriation thereof on the basis of a
specific law.
Section 5. Expropriation of immovable property for
public needs shall only be permitted in exceptional cases for a
fair compensation and only on the basis of a specific law in
compliance with the provisions provided for in this Law.
Section 6. (1) If only a part of immovable property is
necessary for public needs and the remaining part thereof may not
be used due to insufficient area, encumbrances, configuration or
any other circumstances according to the local government spatial
plan, the authority shall propose alienating the entire immovable
property and alienate the entire immovable property, unless
another agreement is reached with an owner of immovable
property.
(2) A dispute regarding the need to alienate the entire
immovable property shall be examined by court in accordance with
the procedures laid down in the Civil Procedure Law.
Section 7. The authority shall compensate for any
losses which an owner of immovable property has incurred in the
process of alienation of this immovable property, including the
losses which result in case the immovable property is not
alienated.
Section 7.1 In alienating immovable property
for public needs, the regard shall also be had to the interests
of a person in favour of whom the pledge right has been
corroborated in relation to the immovable property. Alienation of
immovable property for public needs may not, in itself, serve as
a basis for requesting early fulfilment of obligations which are
secured with the respective immovable property or for believing
that the relevant obligations are being violated.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Chapter
II
Procedures for Alienating Immovable Property
Section 8. (1) After the Cabinet or a local government
has taken a conceptual decision to implement a project necessary
for ensuring public needs, the authority shall initiate
identification of immovable property necessary for implementation
of the respective project and determine a compensation for the
immovable property to be alienated. If it is envisaged to
alienate only part of immovable property for public needs, the
authority shall additionally prepare a graphic material showing
boundaries of the part of the respective immovable property to be
alienated.
(2) After taking the decision referred to in Paragraph one of
this Section, the authority has the right to perform the
following without consent of an owner of immovable property:
1) receive copies of documents which refer to the composition
and use of the immovable property;
2) carry out preliminary design and design work. The authority
shall inform the owner of the immovable property of the
initiation of design of structures by sending a notification.
Section 9. (1) The Cabinet or a local government shall,
within four months after taking the decision regarding amount of
compensation, take the decision to propose alienation of
immovable property necessary for ensuring public needs for the
determined compensation.
(2) If the decision referred to in Paragraph one of this
Section is not taken within the specified period of time, the
compensation shall be re-determined in accordance with the
procedures laid down in Chapter III of this Law.
(3) After taking the decision referred to in Paragraph one of
this Section, the right of first refusal and the repurchase right
shall not be exercised.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Section 10. (1) After taking the decision referred to
in Section 9, Paragraph one of this Law, a notation shall be
entered in the Land Register based on a notification of the
authority regarding a prohibition to alienate and encumber the
immovable property with the property rights and obligation rights
without consent of the authority.
(2) The notation entered in the Land Register in accordance
with Paragraph one of this Section shall be deleted on the basis
of a notification of the authority. If the State or a local
government has failed to corroborate property rights to the
alienated immovable property in the Land Register within 18
months from taking of the decision referred to in Section 9,
Paragraph one of this Law, the notation entered in the Land
Register shall be deleted on the basis of a corroboration request
of an owner of the immovable property.
(3) If a constitutional complaint has been filed with regard
to the law on alienation of the respective immovable property,
the notation entered in the Land Register in accordance with
Paragraph one of this Law shall be deleted on the basis of a
notification of the authority or a corroboration request of an
owner of the immovable property after the Constitutional Court
has held that the law on alienation of the respective immovable
property fails to comply with the provisions of higher legal
force.
Section 11. (1) The authority shall immediately, but
not later than within 10 days after taking of the decision
referred to in Section 9, Paragraph one of this Law, send to an
owner of immovable property or, if his or her place of residence
is not known, publish a notification in the official gazette
Latvijas Vēstnesis inviting to notify, within 30 days from
the day of receipt or publishing thereof in the official gazette
Latvijas Vēstnesis, a possibility to conclude a contract
for voluntary alienation of immovable property. The notification
which is sent to the owner of immovable property shall
additionally indicate the compensation determined by the
authority and the type of the offered awarding of
compensation.
(2) If it is envisaged to alienate only part of immovable
property for public needs, the notification shall indicate the
necessary share of immovable property and attach a graphic
material showing boundaries of the part of the respective
immovable property to be alienated.
(21) The authority shall also inform a person in
favour of whom the pledge right has been corroborated to the
immovable property of the sending of the notification referred to
in Paragraph one of this Section and the content thereof. If a
place of residence of this person is not known, the notification
shall be published in the official gazette Latvijas
Vēstnesis.
(3) If an owner of immovable property agrees to voluntary
alienation of immovable property within the period of time
referred to in Paragraph one of this Section, he or she and the
authority shall conclude a contract for voluntary alienation of
the immovable property within the period of time and for the
compensation specified by this authority. The period of time
determined by the authority shall be at least two months from the
day when a draft contract is issued to the owner of the immovable
property.
(4) The owner of the immovable property and the person in
favour of whom the pledge right has been corroborated to the
immovable property may agree on distribution of the compensation
determined by the authority. If there are several persons in
favour of whom the pledge right has been corroborated to the
immovable property and the owner of the immovable property wishes
to agree on distribution of the compensation determined by the
authority, he or she shall reach an agreement with all
persons.
(5) In the case referred to in Paragraph four of this Section,
an amount to be disbursed to the person in favour of whom the
pledge right has been corroborated to the immovable property
shall be used with regard to early extinguishing of obligations
without changing conditions for fulfilment of obligations, unless
the parties agree otherwise.
(6) If the owner of the immovable property and the person in
favour of whom the pledge right has been corroborated to the
immovable property have agreed on distribution of the
compensation determined by the authority, they shall, by
conclusion of the contract referred to in Paragraph three of this
Section, submit a notification to the authority regarding
distribution of the compensation determined by the authority. The
notification shall indicate what amount of the compensation
determined by the authority is to be disbursed to the owner of
the immovable property and the person in favour of whom the
pledge right has been corroborated to the immovable property by
specifying a payment account to which the specified amounts are
to be transferred.
(7) A sworn notary shall certify authenticity of the
signatures of the persons on the notification regarding
distribution of the compensation determined by the authority or
the notification shall be drawn up electronically and signed with
a secure electronic signature.
[14 April 2016; 31 March 2022]
Section 12. (1) The authority and the owner of the
immovable property shall agree on the following in the contract
for voluntary alienation of immovable property:
1) the type of and procedures for awarding compensation;
2) [14 April 2016];
3) the procedures and periods of time for vacating the
immovable property;
4) any other issues in order to ensure efficient acquisition
of immovable property in possession of the State or local
government.
(2) If the pledge right has been corroborated to the immovable
property and a notification has been submitted to the authority
regarding distribution of the compensation determined by the
authority, the contract for voluntary alienation of immovable
property shall lay down procedures for awarding compensation
according to the notification.
(3) If the pledge right has been corroborated to the immovable
property and a notification has not been received regarding
distribution of the compensation determined by the authority by
the day of conclusion of the contract for voluntary alienation of
immovable property, the compensation determined by the authority
shall be disbursed in accordance with the procedures laid down in
Section 29.2 of this Law.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Section 12.1 In corroborating property
rights in the Land Register to the immovable property which has
been alienated on the basis of the contract, a notation of pledge
right and prohibition associated thereto shall be deleted without
consent of the person in favour of whom the pledge right has been
corroborated to the immovable property.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Section 12.2 If an owner of immovable
property fails to respond within the period of time referred to
in Section 11, Paragraph one of this Law or the contract for
voluntary alienation of immovable property is not concluded
within the period of time specified in Section 11, Paragraph
three of this Law and only a part of immovable property is
necessary for public needs, the authority has the right to
propose a cadastral survey and the registration of the immovable
property object in the State Immovable Property Cadastre
Information System for the part of immovable property to be
alienated and the remaining part of immovable property without
consent of the owner of immovable property. The disagreement over
the arrangement of boundaries shall not be an obstacle to carry
out the abovementioned actions. It shall be the obligation of the
owner of immovable property to ensure access to the immovable
property for the purpose of carrying out the abovementioned
works.
[31 March 2022]
Section 13. If an owner of immovable property fails to
respond within the period of time referred to in Section 11,
Paragraph one of this Law or the contract for voluntary
alienation of immovable property is not concluded within the
period of time referred to in Section 11, Paragraph three of this
Law, a State administration institution shall draw up a draft law
on alienation of the respective immovable property, but a local
government shall draw up a decision asking the Cabinet to submit
to the Saeima for examination a draft law on alienation of
the respective immovable property. A State administration
institution or a local government shall also carry out the
abovementioned activities if the immovable property has been
encumbered with the lease right entered in the Land Register and
assumption of such obligations is not proportionate to the
ensuring of the respective public needs.
[14 April 2016]
Section 14. (1) In submitting a draft law to the
Saeima on alienation of specific immovable property,
information shall be attached regarding the immovable property to
be alienated, the grounds for alienation of immovable property
and determination of compensation, as well as the assessment of
the circumstances referred to in Section 6, Paragraph one of this
Law in case of alienation of part of immovable property.
Documents confirming the abovementioned information shall be
attached thereto additionally.
(2) If a draft law is not submitted by the Cabinet, the draft
law may only be put forward for review at first reading after
receipt of an opinion of the Cabinet assessing the need to
alienate the respective immovable property for public needs. The
Cabinet shall draw up and submit this opinion within the period
of time specified by the responsible committee of the
Saeima.
Section 15. Property rights to the immovable property
which has been alienated on the basis of the law on alienation of
the specific immovable property shall be transferred to the State
or a local government, and these rights may be corroborated in
the Land Register after the law on alienation of the specific
immovable property has come into force and the authority has paid
the compensation - has transferred it to the payment account
specified by the owner of immovable property or deposited into a
deposit account of a sworn bailiff, or deposited into a payment
account in accordance with the procedures laid down in Section 33
of this Law.
[14 April 2016; 31 March 2022]
Section 16. (1) When corroborating property rights in
the Land Register to the immovable property which has been
alienated on the basis of the law on alienation of the specific
immovable property, the respective immovable property shall be
transferred in possession of the State or local government free
from any encumbrances and charges which were imposed on the
immovable property as a result of obligations (including by
extinguishing all debt obligations, pledge rights, notations
regarding the securing of a claim, insolvency notations
registered to this immovable property, prohibitions of persons
directing proceedings, encumbrances imposed as a condition when
acquiring the property, as well as the rights corroborated on the
basis of a lease, rental, maintenance, and inheritance contracts)
and with regard to which the authority has not directly notified
that it assumes the respective encumbrances and charges.
(2) Rental contracts concluded by the former owner of
immovable property with regard to which the authority has been
informed on the day of evaluation of immovable property shall be
binding upon the authority.
(3) Encumbrances and charges resulting from the nature of the
property shall be maintained with regard to this immovable
property.
[14 April 2016]
Section 17. (1) The former owner of immovable property
shall vacate the immovable property within the period of time
specified in the contract for voluntary alienation of this
property, provided that the authority has fulfilled its
obligations under the respective contract, or within 20 days from
the day when it has disbursed the compensation and provided the
former owner of the immovable property with an equivalent
residential space in accordance with Section 28 of this Law.
(2) If the former owner of immovable property fails to vacate
the immovable property within the period of time determined in
Paragraph one of this Section, the authority has the right to
apply to a court with a statement of claim regarding being placed
into possession of acquired immovable property.
[14 April 2016]
Section 17.1 (1) If the authority
establishes that the owner of the immovable property to be
alienated is deceased, no inheritance matter has been initiated,
or the period of time specified in the announcement of opening of
the succession in the initiated inheritance matter has not
expired, and also no trustee for the entirety of property of an
estate has been appointed, the authority shall alienate the
immovable property by applying the procedures provided for in
this Law in cases where the place of residence of the owner of
immovable property is not known to the authority and he or she
has not provided information on his or her payment account.
(2) The authority shall invite those heirs who have accepted
the estate and proved their right to inherit but have not
corroborated the property rights to the immovable property to be
alienated in the Land Register to participate in the process of
alienation, but no contract for voluntary alienation of immovable
property shall be concluded with them. In such cases, the
authority shall alienate the immovable property on the basis of
the law on the alienation of the specific immovable property and
handle the compensation in conformity with the provisions of
Section 33 of this Law.
(3) If a trustee for the entirety of property of an estate has
been appointed, the authority shall, to the extent permitted by
the Civil Law, apply to the trustee for the entirety of property
of an estate the regulation which is applicable under this Law to
the owner of the immovable property to be alienated.
(4) The authority shall obtain information on the heirs and
also trusteeship established for the estate from a sworn notary
and information on the appointed trustee for the entirety of
property on an estate from the Orphan's and Custody Court.
[31 March 2022]
Chapter
III
Determination and Contestation of the Compensation
Section 18. (1) In order to inform an owner of
immovable property of the need to alienate immovable property or
part thereof for ensuring public needs and determine a
compensation, the authority shall send a notification of the need
to alienate this property or part thereof (hereinafter - the
notification) to the owner of the immovable property and the
person in favour of whom the pledge right has been corroborated
to the immovable property, or, if their place of residence is not
known, publish the notification in the official gazette
Latvijas Vēstnesis, and in the case of alienation of a
residential house, the notification shall be placed at the
residential house to be alienated. If the place of residence of
the owner of the immovable property is not known, the
notification can also be sent to the address of the last known
place of residence of the owner of the immovable property and the
address of the location of the immovable property to be
alienated.
(2) The notification shall include the following:
1) the information on those public needs for the ensuring of
which the immovable property is necessary;
2) the information on the documents which confirm that the
respective immovable property is necessary to implement a project
envisaged for ensuring public needs;
3) the information on the necessary share of immovable
property;
4) the invitation for the owner of the immovable property to
participate in the determination of the compensation;
5) the invitation for the owner of the immovable property to
provide information on the concluded rental contracts and other
encumbrances;
6) any other information which the authority deems necessary
to indicate.
(3) If it is necessary to alienate part of immovable property
for public needs, the notification shall additionally include
assessment of the circumstances referred to in Section 6,
Paragraph one of this Law, a graphic material showing boundaries
of the part of the respective immovable property to be alienated
and an invitation for the owner of the immovable property to
provide information regarding whether he or she agrees to the
alienation of the immovable property shall be attached.
(4) The authority shall indicate in the notification the
period of time within which the owner of the immovable property
provides the information referred to in Paragraph two, Clauses 4
and 5 and Paragraph three of this Section. The period of time for
the provision of information shall be at least 30 days from the
day when the notification has been received or published in the
official gazette Latvijas Vēstnesis.
(5) If it is necessary to re-determine the compensation in
accordance with Section 9, Paragraph two of this Law, the
authority has the right to include in the notification only the
legal grounds for re-determination of the compensation and an
invitation for the owner of the immovable property to participate
in the determination of the compensation, as well as provide
information on the concluded rental contracts and any other
encumbrances within 30 days from the day when the notification
has been received or published in the official gazette
Latvijas Vēstnesis.
[14 April 2016; 31 March 2022]
Section 19. (1) If the owner of the immovable property
fails to provide the information referred to in Section 18,
Paragraph two of this Law within the specified period of time or
notifies that he or she will not participate in the determination
of the compensation, the immovable property shall be evaluated by
taking into account the information which the authority may
obtain without participation of the owner of the immovable
property and which characterises this property as at the day of
inspection thereof.
(2) If the value of the immovable property has changed as a
result of activities carried out by the authority in performing
design work in accordance with Section 8, Paragraph two, Clause 2
of this Law, then during evaluation of the immovable property the
regard shall be had to the information which characterised this
property on the day when the notification referred to in Section
18 of this Law was sent.
[14 April 2016]
Section 20. (1) The authority shall determine a
compensation for the immovable property to be alienated by taking
into consideration an evaluation of a certified appraiser of
immovable property and losses caused to the owner of the
immovable property.
(2) The Cabinet shall issue regulations governing procedures
for determining a just compensation.
Section 21. The compensation shall be determined for
the former owner of the immovable property which ensures a
financial situation equivalent to his or her former financial
situation.
Section 22. (1) The compensation shall consist of the
market value of the immovable property and the compensation for
losses caused to the owner of the immovable property in relation
to alienation of immovable property, and if part of the immovable
property is alienated - in relation to use of the alienated
immovable property.
(2) The market value of the immovable property, except for the
case referred to in Section 19, Paragraph two of this Law, shall
be determined in accordance with the use of the immovable
property initiated in compliance with the requirements of laws
and regulations as at the day of inspection thereof, in
accordance with Section 23, Paragraph two, Clause 5 of this
Law.
(3) [14 April 2016]
(4) If the immovable property which is alienated for public
needs is the only residential space owned by the owner of this
immovable property where he or she lives on the day the
notification has been sent, the authority shall increase the
compensation by five per cent of the market value of the
immovable property. The authority shall disburse this part of the
compensation to the owners of the immovable property in the cases
specified in Section 29.2 of this Law.
[14 April 2016; 31 March 2022]
Section 23. (1) When evaluating immovable property, the
evaluation thereof shall indicate and analyse all the information
characterising the immovable property, including the information
provided by the owner of the immovable property.
(2) Immovable property shall be evaluated by assessing
its:
1) composition, communications, facilities, technical
condition and degree of wear and tear;
2) location and use of immovable property initiated in
compliance with requirements of laws and regulations;
3) encumbrances and charges which will be maintained in
accordance with Section 16 of this Law;
4) profitability;
5) possibilities of construction and economic use if the owner
of the immovable property has carried out activities to use these
possibilities.
Section 24. (1) In cases when required by the owner of
the immovable property, the authority is entitled to, at its own
expense, construct engineering structures and engineering
communications or disburse a compensation which is necessary to
eliminate losses and inconveniences that the former owner or
other persons may incur in relation to the alienation of
immovable property.
(2) Losses which the authority has intended to eliminate and
eliminates in accordance with Paragraph one of this Section shall
not be included in the amount of the compensation.
Section 25. (1) Losses caused to the owner of the
immovable property shall be determined in accordance with the
Civil Law.
(2) In any case, the following shall be deemed as the
losses:
1) the expenses incurred by the owner of the immovable
property as a result of alienation of this property (moving
expenses, notarial expenses related to the acquisition of another
immovable property, corroboration thereof in the Land Register
and re-registration of encumbrances and charges of the alienated
immovable property, State fees, office fees, and other expenses)
in their actual amount but not exceeding average prices of the
area;
2) the reduction in the value of the remaining part of the
immovable property and compensation for changes in its use (loss
of access or expenses related to establishment of new access,
changes with regard to encumbrances and charges, restrictions
with regard to the use specified in the local government spatial
plan, and other changes) in case of alienation of part of the
immovable property.
Section 26. (1) The authority shall disburse the
compensation in the form of non-cash settlement or, upon
agreement with the owner of the immovable property, use another
fair type of awarding compensation:
1) offering other equivalent immovable property;
2) disbursing part of the compensation in cash and
compensating for the other part by means of another immovable
property;
3) using any other type of awarding compensation which is
favourable to both parties, except for the case when the pledge
right has been corroborated to the immovable property.
(2) If the pledge right has been corroborated to the immovable
property, consent of the person in favour of whom the pledge
right has been corroborated to the immovable property shall be
required in the cases referred to in Paragraph one, Clauses 1 and
2 of this Law. If the consent has not been received, the
authority shall disburse the compensation in the form of non-cash
settlement. A notification regarding distribution of the
compensation determined by the authority shall also be required
in the case referred to in Paragraph one, Clause 2 of this
Section.
[14 April 2016]
Section 27. (1) The owner of the immovable property may
contest amount of the compensation determined by the authority
before court in accordance with the claim procedures after taking
of the decision referred to in Section 9, Paragraph one of this
Law, but not later than within 20 days from the day the law on
alienation of the specific immovable property has come into
force.
(2) The court shall examine a dispute regarding the
compensation determined by the authority and amount of the
compensation to be disbursed in accordance with the procedures
laid down in the Civil Procedure Law.
(3) When determining the compensation, the court shall take
into account the condition of the immovable property as at the
day of inspection thereof, except for the case referred to in
Section 19, Paragraph two of this Law. The court shall determine
the compensation as at the day when the compensation has been
determined by the authority.
[14 April 2016]
Section 28. (1) Unless the authority agrees with the
owner of the immovable property otherwise or unless another
residential space is granted as a compensation for alienation of
immovable property, the authority shall be obliged to provide the
owner of the immovable property with an equivalent residential
space, provided that in the alienated residential space:
1) its former owner lived and had declared it as his or her
place of residence as at the day of alienation and at the day of
taking of the decision referred to in Section 9, Paragraph one of
this Law;
2) its former owner lived and had declared it as his or her
place of residence as at the day of alienation, and provided that
he or she did not own any other residential space as at the day
of alienation.
(2) The right to an equivalent residential space shall be
maintained until the day when the former owner of the immovable
property acquires another residential space but not longer than a
year after disbursement of the compensation or for a period of
time until the compensation is deposited into an account of a
sworn bailiff. The authority shall cover a rental payment for the
provided residential space, if any, in the relevant period of
time.
(3) The former owner of the immovable property shall lose the
right to an equivalent residential space, provided that he or she
has been offered at least three different equivalent residential
spaces and he or she has refused these offers or has failed to
respond to the received offers within the period of time
specified by the authority.
[14 April 2016]
Chapter
IV
Disbursement of Compensation
Section 29. (1) The authority shall disburse the
compensation immediately, but not later than within 20 days after
the contract for voluntary alienation of immovable property has
been concluded or the law on alienation of the specific immovable
property has come into force.
(2) If a prohibition notation regarding imposition of
attachment on the property has been entered in the respective
division of the Land Register with regard to the immovable
property, the authority shall coordinate disbursement of the
compensation with the person directing proceedings.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Section 29.1 (1) If a contract for voluntary
alienation of immovable property has been concluded between the
owner of the immovable property and the authority, the authority
shall disburse the compensation in accordance with the procedures
for awarding compensation laid down in the contract also in cases
when the pledge right has been corroborated to the immovable
property and a notification regarding distribution of the
compensation determined by the authority has been received by the
conclusion of the contract for voluntary alienation of immovable
property.
(2) If the immovable property has been alienated on the basis
of the law on alienation of the specific immovable property and
the pledge right has not been corroborated to this immovable
property, the authority shall transfer the compensation to a
payment account specified by the owner of the immovable property
or deposit it into a payment account in accordance with Section
33 of this Law.
[14 April 2016; 31 March 2022]
Section 29.2 (1) If the pledge right has
been corroborated to the immovable property and, by the
conclusion of the contract for voluntary alienation of immovable
property, a notification regarding distribution of the
compensation determined by the authority has not been received or
the immovable property has been alienated on the basis of the law
on alienation of the specific immovable property, the
compensation determined by the authority shall be disbursed in
accordance with the procedures laid down in this Section.
(2) The authority shall disburse a part of the compensation
determined by the authority which consists of the market value of
the immovable property by depositing it into an account of a
sworn bailiff for three years, and notify thereof the former
owner of the immovable property and the person in favour of whom
the pledge right has been corroborated to the immovable property.
The authority shall submit to the sworn bailiff an application
for depositing the compensation into the account of the sworn
bailiff and a copy of division of the Land Register of the
immovable property for the purpose of disbursement of part of the
determined compensation by depositing it into account of the
sworn bailiff. The application shall indicate information on the
owner of the immovable property and the person in favour of whom
the pledge right has been corroborated to the immovable property,
an amount of the compensation to be deposited, and the payment
account specified by the owner of the immovable property and the
payment account of the authority.
(3) The authority shall disburse a part of the compensation
determined by the authority which consists of the compensation
for losses caused to the owner of the immovable property in
relation to alienation of the immovable property and, in case of
alienation of part of the immovable property, in relation to the
use of the alienated immovable property, to the former owner of
the immovable property to the payment account specified by him or
her, or deposit it into a payment account in accordance with
Section 33 of this Law.
(4) A sworn bailiff shall perform disbursement from a deposit
account prior to the period of time referred to in Paragraph two
of this Section on the basis of an execution document and taking
into account that the deposited compensation is to be distributed
in accordance with the same procedures as laid down in the Civil
Procedure Law for distributing the money received from the sale
of immovable property encumbered with a pledge, or on the basis
of a notification regarding distribution of the compensation
determined by the authority. Disbursement based on the
notification regarding distribution of the compensation
determined by the authority shall only be acceptable in the
amount of the sum which is due to the persons referred to in the
notification after covering claims that are to be given
preference in comparison with the claims of these persons.
(5) If an attachment is imposed on property of the former
owner of the immovable property, the compensation deposited into
the account of the sworn bailiff shall be transferred to the
person directing proceedings to act in accordance with provisions
of the Criminal Procedure Law.
(6) The compensation deposited into the account of the sworn
bailiff shall be transferred to an administrator of insolvency
proceedings to act in accordance with provisions of the
Insolvency Law, provided that insolvency proceedings have been
declared with regard to the former owner of the immovable
property. Extinguishing of the pledge right in the cases
specified in this Law shall not, in itself, affect the right of
the person, in favour of whom the pledge right was corroborated
to the immovable property, as a creditor in insolvency
proceedings in compliance with the principle of the preservation
of rights enforced in Section 6 of the Insolvency Law.
(7) At the beginning of the last year of the period of time
referred to in Paragraph two of this Section, the sworn bailiff
shall send to the declared place of residence or legal address of
the former owner of the immovable property and the person, in
favour of whom the pledge right has been corroborated to the
immovable property, an invitation to agree on distribution of the
compensation and to submit a notification regarding distribution
of the compensation determined by the authority, and inform of
the consequences referred to in Paragraph eight of this Section
and Section 29.3.
(8) If the compensation deposited into the account of the
sworn bailiff has not been disbursed in the cases provided for in
this Law prior to expiry of the period of time referred to in
Paragraph two of this Section, the sworn bailiff shall disburse
the deposited compensation or remaining part thereof to the
former owner of the immovable property to the account specified
in the application of the authority for depositing compensation
into account of the sworn bailiff. If the account of the former
owner of the immovable property is not known, the compensation
shall be transferred back to the authority to act in accordance
with Section 33 of this Law.
[14 April 2016; 31 March 2022]
Section 29.3 Starting from the last year of
the period of time referred to in Section 29.2,
Paragraph two of this Law, the restrictions referred to in
Section 7.1 of this Law shall not be applicable to the
person in favour of whom the pledge right has been corroborated
to the immovable property.
[14 April 2016 / See Paragraph 5 of Transitional
Provisions]
Section 30. [14 April 2016]
Section 31. [14 April 2016]
Section 32. [14 April 2016]
Section 33. If the place of residence of the former
owner of the immovable property is not known or he or she has
failed to provide information on his or her payment account, the
compensation shall be transferred to the payment account opened
for this purpose and, upon request, disbursed to the former owner
of the immovable property, his or her heirs or successors. If the
former owner of the immovable property, his or her heirs or
successors have not asked to disburse the compensation within 10
years from the day of depositing thereof, the compensation shall
be transferred to the State or local government budget.
[31 March 2022]
Chapter V
Transfer Back of the Alienated Immovable Property
Section 34. (1) If the authority recognises the
respective immovable property or part thereof as unnecessary
within a year from the day when property rights of the State or a
local government to the alienated immovable property have been
corroborated in the Land Register, the former owner may recover
the alienated immovable property by repaying the received
compensation.
(2) If improvements have been made to the alienated immovable
property, the former owner of the immovable property may exercise
the rights referred to in Paragraph one of this Section by
reimbursing the authority for expenses of improvements with which
the immovable property has been transferred back.
(3) After expiry of the period of time referred to in
Paragraph one of this Section, the former owner has the right of
first refusal to the alienated immovable property.
Section 35. The authority shall send a notification
regarding a possibility to recover the immovable property to the
former owner of the immovable property or, if his or her place of
residence is not known, publish it in the official gazette
Latvijas Vēstnesis. The notification shall indicate the
composition of the immovable property, expenses of the
improvements made to the immovable property which will be
preserved, encumbrances and charges, as well as specify a period
of time of 30 days for provision of reply from the day when the
notification is received or published in the official gazette
Latvijas Vēstnesis.
[14 April 2016]
Section 36. If the former owner of the immovable
property fails to respond within the period of time specified in
Section 35 of this Law or does not wish to recover the immovable
property, this property shall remain in possession of the State
or a local government.
Section 37. (1) If the former owner of the immovable
property exercises the rights referred to in Section 34 of this
Law, the authority shall, within three months from the day of
conclusion of the contract for transfer back of the immovable
property to its former owner (unless parties to the contract
agree otherwise), be obliged to ensure that the immovable
property to be transferred back corresponds to the composition of
the immovable property specified in the notification referred to
in Section 35 of this Law.
(2) The authority shall cover expenses related to the
corroboration of the property rights to the immovable property to
be transferred back in the Land Register in the name of the
former owner of such property.
Section 38. Exercise of the rights referred to in
Section 34 of this Law may not, in itself, serve as a basis for
disbursement of the compensation determined by the authority from
the deposit account of the sworn bailiff.
[14 April 2016]
Chapter
VI
Alienation of Lands and Structures Not Entered in the Land
Register
[31 March 2022]
Section 39. If land is necessary for public needs the
rights to which the person has acquired within the framework of
the land reform and which has not yet been entered in the Land
Register, the authority shall alienate it in accordance with the
provisions of Chapters I, II, III, IV, and V of this Law, unless
otherwise specified in this Chapter.
[31 March 2022]
Section 40. (1) In the cases referred to in Section 39
of this Law, the authority shall send a notification to a land
user registered in the State Immovable Property Cadastre
Information System regarding which the opinion on the restoration
of the property rights has been adopted or to the lawful
possessor regarding which the decision on the restoration of
property rights or the transfer of land into ownership in return
for payment has been taken or the judgment on the restoration or
recognition of the property rights has been rendered.
(2) The notification shall, in addition to what is provided
for in Section 18 of this Law, include an invitation for the land
user or lawful possessor to enter the land in the Land Register
within a reasonable period of time determined by the authority
which shall be not less than three months or to authorise the
authority, within a period not exceeding 30 days, to carry out
all the necessary actions and enter the land necessary for public
needs in the Land Register in the name of the land user or lawful
possessor, in which case the authorised authority shall cover all
expenses. After the land has been entered in the Land Register in
the name of the respective land user or lawful possessor, the
authority shall carry on with the alienation.
[31 March 2022]
Section 41. If the land is not entered in the Land
Register in the cases specified in Section 40, Paragraph two of
this Law, the authority shall have the right to perform all the
necessary actions and obtain all the required documents to enter
the respective land necessary for public needs in the Land
Register in the name of the land user or lawful possessor and
draw up a draft law on alienation of the land necessary for
public needs. The authority shall immediately enter the
abovementioned land in the Land Register in the name of the land
user or lawful possessor, while also entering in the Land
Register a notation regarding a prohibition to alienate and
encumber the immovable property with the property rights and
obligation rights without consent of the authority, after the
Cabinet or local government has taken the decision referred to in
Section 9, Paragraph one of this Law with regard to the relevant
land. The Cabinet shall examine the draft law drawn up by the
State administration institution by taking the decision referred
to in Section 9, Paragraph one of this Law.
[31 March 2022]
Section 42. The cadastral survey shall be carried out
for the entire plot of land also if only part thereof is
necessary or there is a dispute on the boundary arrangement.
[31 March 2022]
Section 43. If due to the actions of the authority the
information on the land specified in the decision on the
restoration of property rights or the transfer of land into
ownership for payment no longer corresponds to the current
cadastral data, the authority shall inform the State Land Service
thereof. The State Land Service shall amend the respective
decision and inform the authority thereof, and also in cases
where the decision on the transfer of land into ownership for
payment is amended it shall inform the authority determined by
the Cabinet to which the State administration task of concluding
contracts for redemption (purchase) of land in rural areas and
cities is delegated. Contesting or appeal of the decision shall
not suspend its validity.
[31 March 2022]
Section 44. In the cases referred to in Section 41 of
this Law, the compensation shall consist of the market value of
the land necessary for public needs and the compensation for the
losses due to the reduction in the value of the remaining part of
land and changes in its use.
[31 March 2022]
Section 45. (1) In the cases referred to in Section 40,
Paragraph two of this Law when the authority acts on the basis of
an authorisation, and also in the cases referred to in Section 41
when the decision on the transfer of land into ownership for
payment has been taken in relation to the lawful land possessor
and the obligations laid down in the contract for redemption
(purchase) of land in rural areas and cities have not been fully
fulfilled or the contract for redemption (purchase) of land in
rural areas and cities has not yet been concluded, this shall not
be an obstacle to enter the land necessary for public needs in
the Land Register.
(2) In the cases referred to in Paragraph one of this Section,
when determining the compensation, the authority shall take into
account:
1) if the payment term specified in the contract for
redemption (purchase) of land in rural areas and cities has not
yet expired and the payment obligations specified therein have
not been fully fulfilled, the authority shall use the part of
compensation which consists of the market value of the land
primarily for the fulfilment of the abovementioned
obligations;
2) if the contract for redemption (purchase) of land in rural
areas and cities has not yet been concluded, the authority shall
disburse the part of compensation which consists of the market
value of the land in the amount by which the market value of the
land exceeds the redemption (purchase) amount determined in the
decision on the transfer of land into ownership for payment.
(3) The authority shall inform the authority determined by the
Cabinet to which the State administration task of concluding
contracts for redemption (purchase) of land in rural areas and
cities is delegated of the determined amount and disbursement of
the compensation.
(4) In the cases referred to in Paragraph one of this Section,
when the authority enters the land in the Land Register on the
basis of an authorisation in conformity with the provisions of
Section 40, Paragraph two of this Law, the requirements laid down
in Section 10 of this Law shall apply by entering a notation
concurrently with the entering of the land in the Land
Register.
[31 March 2022]
Section 46. If the authority establishes that the land
user or lawful possessor is deceased, it shall act in accordance
with the procedures laid down in Section 17.1 of this
Law and the provisions of this Chapter, and it shall enter the
land necessary for public needs in the Land Register in the name
of the State or a local government.
[31 March 2022]
Section 47. If a structure which is not entered in the
Land Register but must be entered in the Land Register in
accordance with the laws and regulations is necessary for public
needs and its lawful possessor is registered in the State
Immovable Property Cadastre Information System, and the authority
establishes that it is possible to obtain the documents
substantiating the property rights of these structures on the
basis of which the respective structure can be entered in the
Land Register in accordance with the laws and regulations
regarding the entering of the immovable property in the Land
Registers, the authority shall apply the regulation included in
this Chapter. The authority shall cover the expenses of the
cadastral survey of structures from the determined compensation
for the structure.
[31 March 2022]
Transitional
Provisions
1. With the coming into force of this Law, the following are
repealed:
1) the law On Expropriation of Immovable Property for State or
Public Needs (Latvijas Republikas Augstākās Padomes un
Valdības Ziņotājs, 1992, Nos. 39/40/41; Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 2005, No.
14);
2) the decision of the Supreme Council of the Republic of
Latvia dated 15 September 1992, On Procedures for Coming into
Force of the Law of the Republic of Latvia On Expropriation of
Immovable Property for State or Public Needs (Latvijas
Republikas Augstākās Padomes un Valdības Ziņotājs, 1992, Nos.
39/40/41; Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1997, No. 3).
2. This Law shall not be applicable to the procedures for
alienating immovable property in which an agreement has been
reached on the essential elements of a contract for voluntary
alienation of immovable property for public need until the day of
coming into force of this Law.
3. Legal relationships resulting from the procedures for
expropriating immovable property initiated until the day of
coming into force of this Law shall be discussed in accordance
with the law On Expropriation of Immovable Property for State or
Public Needs.
4. If, until the day of coming into force of this Law, the law
on expropriation of the specific immovable property has been
adopted and has come into force, the respective immovable
property shall be expropriated and any disputes resulting from
alienation of this property shall be settled in accordance with
the law On Expropriation of Immovable Property for State or
Public Needs.
5. If the decision of the Cabinet or a local government
referred to in Section 9 of this Law has been taken until 31 May
2016, then the alienation procedures which were in force until 31
May 2016 shall be applicable to the alienation of such immovable
property for public needs, except for the following cases:
1) if the authority and the owner of the immovable property
have not yet concluded a contract for voluntary alienation of
immovable property, then the wording of Section 7.1,
Section 11, Paragraphs four, five, six, and seven, Sections 12,
12.1, 29, 29.1, 29.2, and
29.3 of this Law which is in force from 1 June 2016
shall be applicable to the procedures for concluding a contract
for alienation of immovable property and disbursing
compensation;
2) if the law on expropriation of the specific immovable
property comes into force after 1 June 2016, the authority shall
disburse the compensation in accordance with the procedures laid
down in Sections 29, 29.1, 29.2, and
29.3 of this Law. If the authority and the owner of
the immovable property agree on voluntary alienation of immovable
property until adoption of the law on alienation of the specific
immovable property, the wording of Section 7.1,
Section 11, Paragraphs four, five, six, and seven, Sections 12,
12.1, 29, 29.1, 29.2, and
29.3 of this Law which is in force from 1 June 2016
shall be applicable to the procedures for concluding a contract
for alienation of immovable property and disbursing
compensation.
[14 April 2016]
6. The authority shall also disburse the part of compensation
referred to in Section 22, Paragraph four of this Law in cases
where the immovable property has already been alienated for
public needs and the former owner of the immovable property the
alienation of which was commenced after 1 July 2017 has submitted
to the authority an application for the disbursement of this part
of compensation.
[31 March 2022]
The Law shall come into force on 1 January 2011.
The Law has been adopted by the Saeima on 14 October
2010.
President V. Zatlers
Rīga, 3 November 2010
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
