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The Saeima1 has adopted and
the President has proclaimed the following law:

Law on the Establishment of the Selonia Military Training Area

Section 1. Application of the Law

(1) The Law prescribes a special legal framework for the determination of the borders of the Selonia Military Training Area, for the alienation and use of the immovable properties within its territory, and for the construction of the infrastructure thereof.

(2) The construction process of the infrastructure of the Selonia Military Training Area shall include construction of the military training area and the work related thereto, any work for the preparation of the territory necessary for the commencement of construction (development of land survey projects, land cadastral survey, preparation of the site plan of forest land to be deforested, obtaining of permits for tree felling, felling of trees and bushes on forest land and outside the forest, building and maintenance of the roads and wood yards necessary for the transportation of wood products, and other work for the preparation of the plot of land), and also other activities which are necessary for subsequent development and improvement of the territory and infrastructure of the military training area.

Section 2. Territory of the Selonia Military Training Area

The Cabinet shall establish the Selonia Military Training Area, determine its borders and the immovable properties within its territory, and also such immovable properties in relation to which a servitude is established.

Section 3. Status of an Object of National Interest

(1) The status of an object of national interest is determined for the Selonia Military Training Area (hereinafter - the Military Training Area).

(2) State and local government institutions and also other authorities shall examine all submissions and issues related to the construction of the infrastructure of the Military Training Area and the ensuring and performing of the work related thereto, including confirmations for tree felling, to the alienation of the immovable property necessary for arranging of the Military Training Area, and also putting the structures of the infrastructure of the Military Training Area in service and shall take decisions in priority order in as short time period as possible.

Section 4. Establishment of a Servitude and Action with Immovable Property until the Alienation Thereof

(1) A servitude on the immovable property owned by other persons is established for the benefit of the State in the person of the Ministry of Defence on the basis of this Law. This servitude shall be established if the immovable property is necessary for commencing and performing construction of the infrastructure of the Military Training Area. The servitude shall be established until the moment when the immovable property is alienated in accordance with the requirements of the Law on the Alienation of Immovable Property Necessary for Public Needs.

(2) The Ministry of Defence shall inform the owner of the immovable property of the fact that a servitude has been determined for the immovable property owned by him or her and the construction work of the infrastructure of the Military Training Area will be commenced therein, sending a relevant notification not later than 30 days before commencement of such work.

(3) The Ministry of Defence has the right to commence felling of trees and bushes and also to perform other preparatory work necessary for construction work and the construction work in the immovable property to be alienated for public needs after the Ministry of Defence has taken the decision on the amount of compensation referred to in Section 9, Paragraph one of the Law on the Alienation of Immovable Property Necessary for Public Needs.

(4) It is prohibited to create obstacles to the construction of the infrastructure of the Military Training Area or in any way hinder the performers of the relevant work.

(5) From the commencement of the work referred to in Paragraph three of this Section until registration of the immovable property in the Land Register in the name of the State in the person of the Ministry of Defence, the Ministry of Defence shall pay a compensation to the owner of the immovable property in the amount determined by a certified appraiser of immovable property according to the lease payment on the market. The compensation shall be credited to the payment account of the owner of the immovable property for each quarter in advance unless a different agreement has been entered into with the owner of the immovable property.

(6) Any work on the immovable property to be alienated shall be planned and performed in such a manner as not to create obstacles to the determination of the market value of the immovable property and to the determination of such losses to be compensated to the owner of the immovable property in accordance with the requirements of the Law on the Alienation of Immovable Property Necessary for Public Needs.

(7) Losses caused to the owner of the immovable property to be alienated in relation to the construction work of the infrastructure of the Military Training Area shall be determined and compensated for in accordance with the procedures laid down in the Civil Law.

(8) The structures which, in accordance with the procedures laid down in this Section, have been built prior to completion of the alienation process of the immovable property shall be entered in the Land Register concurrently with the corroboration of the alienated immovable property rights in the name of the State.

Section 5. Spatial Planning Exceptions

The Ministry of Defence has the right to design and build the structures necessary for the construction of the infrastructure of the Military Training Area on several plots of land. After alienation or obtaining of possession of the immovable property, the Ministry of Defence has an obligation to merge the relevant plots of land into one plot of land.

Section 6. Changing of the Possessor of State-owned Land

The Cabinet shall issue an order regarding changing of the possessor of State-owned land in the territory of the Military Training Area, determining that the Ministry of Defence becomes the possessor. The Cabinet shall also issue an order regarding transfer of such State-owned land in possession of the Ministry of Defence on which structures that are in use or possession of other persons but have not been entered in the Land Register or structures the ownership of which has not been ascertained are located, taking into account the data of the State Immovable Property Cadastre Information System.

Section 7. Provisions for the Felling of Trees and Bushes

(1) Akciju sabiedrība "Latvijas valsts meži" [joint-stock company Latvian State Forests] has the rights to fell trees and bushes on the forest land within the territory necessary for the construction of the infrastructure of the Military Training Area and outside the forest.

(2) The confirmations for tree felling, issued by the State Forest Service to private individuals, in the immovable properties which are within the territory of the Military Training Area and are owned by private individuals and the owners of which have been sent a notification regarding alienation of immovable property for public needs shall be valid for three months after sending of the abovementioned notification. The Ministry of Defence shall, within 10 days, inform the State Forest Service of the immovable properties to the owners of which a notification regarding alienation of immovable property for public needs has been sent.

(3) The State Centre for Defence Military Objects and Procurement has the right to receive confirmations for tree felling which is necessary for the construction of the infrastructure of the Military Training Area after the Ministry of Defence has taken the decision on the amount of the compensation referred to in Section 9, Paragraph one of the Law on the Alienation of Immovable Property Necessary for Public Needs. Contesting or appeal of the confirmations issued to the State Centre for Defence Military Objects and Procurement by the State Forest Service for tree felling in immovable properties owned by private individuals shall not suspend the operation of the confirmations.

(4) The State Centre for Defence Military Objects and Procurement shall prepare and submit a mission order to the joint-stock company Latvian State Forests for felling of trees and bushes in the territory necessary for the construction of the infrastructure of the Military Training Area. The mission order shall be issued when borders of the felling area have been marked (are visible) on site.

(5) Upon request of the State Centre for Defence Military Objects and Procurement, the State Forest Service shall issue the information registered in the State Forest Register and the documents on immovable properties owned by private individuals in relation to which the Ministry of Defence has commenced the alienation process. The State Centre for Defence Military Objects and Procurement has the right, on its own account, to organise a forest inventory in immovable properties in relation to which the alienation process has been commenced and to submit data to the State Forest Service on behalf of the owner if the owner does not agree to the carrying out of the abovementioned activities.

Section 8. Competence of the State Construction Control Office

The functions of the building authority necessary for the construction of the infrastructure of the Military Training Area and specified in the laws and regulations governing construction shall be carried out by the State Construction Control Bureau.

Section 9. Cancellation of the Permits Issued for Extraction of Mineral Resources

The permits, licences, and limits for extraction of common mineral resources issued to the joint-stock company Latvian State Forests in the territory of the Military Training Area shall be cancelled. The joint-stock company Latvian State Forests does not have an obligation to carry out recovering of the site according to the project for extraction of mineral resources where mineral resources are extracted in the territory of the Military Training Area.

Transitional Provisions

1. The confirmations for tree felling issued by the State Forest Service to private individuals in the immovable properties owned by private individuals in the territory of the Selonia Military Training Area to the owners of which a notification regarding alienation of immovable property for public needs has been sent before the day of coming into force of this Law shall be valid for three months after coming into force of this Law. The Ministry of Defence shall inform the State Forest Service of the immovable properties to the owners of which a notification regarding alienation of immovable property for public needs has been sent.

2. The Ministry of Defence shall ensure that, by 31 August 2023, information on the territory of the Military Training Area is included in the Spatial Development Planning Information System.

3. The Cabinet shall, by 11 July 2023, issue the regulations referred to in Section 2 of this Law regarding establishment of the Military Training Area, determine its borders, the immovable properties within its territory, and such immovable properties in relation to which a servitude is established.

The Law shall come into force on the day following its proclamation.

The Law has been adopted by the Saeima on 22 June 2023.

President E. Levits

Rīga, 28 June 2023


1The Parliament of the Republic of Latvia

Translation © 2024 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Militārā poligona "Sēlija" izveides likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 22.06.2023.Entry into force: 29.06.2023.Theme: State security and protection; Immovable property, constructionPublication: Latvijas Vēstnesis, 123, 28.06.2023. OP number: 2023/123.1
Language:
LVEN
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