The translation of this document is outdated.
Translation validity: 11.03.2020.–20.06.2024.
Amendments not included:
23.05.2024.,
20.06.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
27 April 1993 [shall come
into force from 20 May 1993];
16 December 1993 [shall come into force from 29 December
1993];
8 December 1994 [shall come into force from 3 January
1995];
5 October 1995 [shall come into force from 4 November
1995];
5 December 1996 [shall come into force from 12 January
1996];
18 October 2001 [shall come into force from 9 November
2001];
3 April 2003 [shall come into force from 15 April
2003];
17 November 2005 [shall come into force from 14 December
2005];
14 June 2007 [shall come into force from 1 August
2008];
21 June 2007 [shall come into force from 1 August
2007];
16 December 2010 [shall come into force from 1 January
2011];
14 April 2011 [shall come into force from 28 April
2011];
12 September 2013 [shall come into force from 1 January
2014];
16 January 2014 [shall come into force from 1 February
2014];
3 July 2014 [shall come into force from 1 August
2014];
13 November 2014 [shall come into force from 16 November
2014];
18 May 2017 [shall come into force from 1 July
2017];
6 June 2019 [shall come into force from 3 July
2019];
7 November 2019 [shall come into force from 5 December
2019];
27 February 2020 [shall come into force from 11 March
2020].
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.
|
The Supreme Council of the Republic of Latvia
has adopted a law:
On Land
Privatisation in Rural Areas
Chapter I
GENERAL PROVISIONS
Section 1. Tasks of Land
Privatisation
The main tasks of land privatisation are as follows:
1) to create the basis and guarantees for agricultural
development;
2) to restore the land ownership rights to the former owners
of land which belonged to them on 21 July 1940, or to the heirs
thereof;
3) to transfer land into ownership with remuneration to the
citizens of the Republic of Latvia;
4) [5 December 1996].
[8 December 1994; 5 December 1996]
Section 2. Basic Principles of Land
Privatisation
Land privatisation in rural areas shall be carried out by
conforming to the following basic principles:
1) land privatisation shall take place in conformity with the
law of the Republic of Latvia of 21 November 1990, Law on Land
Reform in Rural Areas of the Republic of Latvia (Latvijas
Republikas Augstākās Padomes un Valdības Ziņotājs, 1990, No.
49);
2) land ownership rights shall be renewed to the former owners
of land which belonged to them on 21 July 1940, or to the heirs
thereof;
3) upon privatisation of land, the lawful interests of the
present owners of buildings and structures, users of land, and
also of the State and local governments shall be considered;
4) forests, perennial plants growing on it and surface waters,
except for public waters, shall be privatised together with
land;
5) land shall be transferred into ownership to the citizens of
the Republic of Latvia and to legal persons registered in
Latvia;
6) land privatisation shall take place on the basis of a
request of the citizens of the Republic of Latvia or legal
persons registered in Latvia, on voluntary basis.
[8 December 1994]
Section 3. Land to be Privatised
Land which on 21 July 1940 was in the ownership of natural
persons, the State, local governments and in the ownership of
other legal persons shall be subject to privatisation in rural
areas if until 1 November 1996 such land has been allocated for
permanent use to a natural person, has been reserved on the basis
of a term request or has been allocated for permanent use as land
of an equivalent value in the place of the former land
property.
[5 December 1996]
The transfer of land occupied by protected nature objects into
ownership shall be regulated by special legislative
enactments.
The ownership rights to the territories of mineral resource
deposits and mine deposits of the former owners of land or the
heirs thereof after the request thereof shall be restored,
determining that use of subterranean depths shall be regulated by
a separate law.
[16 December 1993, 8 December 1994; 5 October 1995; 5
December 1996]
Section 4. Types of Land
Privatisation
Types of land privatisation are as follows:
1) the restoration of land ownership rights to the former
owners of land or to the heirs thereof;
2) the transfer of land ownership rights in return for payment
to the citizens of the Republic of Latvia.
The ownership rights to land shall be restored to the former
owners of land or to the heirs thereof by returning in actual
fact the former land property thereof or a part thereof or by
transferring into ownership land of an equivalent value within
the borders of the relevant parish or district or in other
parishes of the Republic with the decision of a parish land
commission from the non-requested land or the State or local
government land.
The former owners of land or the heirs thereof have the right
to receive a compensation for the former land property or a part
thereof in accordance with the procedures laid down in Chapter
III of this Law.
[8 December 1994; 5 December 1996]
Chapter
II
RESTORATION OF LAND OWNERSHIP RIGHTS
Section 5. Persons to whom Land
Ownership Rights are to be Restored
Land ownership rights shall be restored on the basis of a
personal request to the former owners of land in the ownership of
whom the land in the Republic of Latvia was on 21 July 1940 or to
the heirs thereof in accordance with the Civil Law of the
Republic of Latvia of 1937.
In cases when ownership rights have not been restored to the
persons referred to in this Section due to the restrictions
provided for in this Law, the referred to rights shall be
restored as soon as the aforementioned obstacles for restoration
of ownership rights have ceased to exist, unless compensation or
land of an equivalent value in another place has been
received.
If land ownership rights according to the situation on 21 July
1940 are not confirmed by statements of the State archives, court
judgments or other documents confirming land ownership rights,
also by deeds of Land Registers drawn up until 21 July 1940 or
notarially certified contracts for the purchase of land, a court
shall recognise the ownership rights on the basis of a contract
entered into for the alienation of land, a lease repurchase or a
redemption contract if legality of such transactions has been
determined and if in the case of redemption of land the purchase
payment has been partially or completely settled.
For persons who up to 21 July 1940 commenced the repurchase
(bought back) of immovable property left in Latvia by German
emigrants from the bank Vispārējās Lauksaimniecības banka
[General Agricultural Bank] or the bank Valsts zemes banka [State
Land Bank], and also the heirs of such persons, documents
confirming land ownership rights may be deemed to be a statement
from the State archives in which the redeemers of the immovable
property (purchasers), data regarding the immovable property and
the money amounts paid into the bank are indicated.
The former owners of land and the heirs thereof shall be
exempted from the State fee, if the ownership rights thereof have
been recognised with a court ruling.
[8 December 1994; 5 October 1995; 5 December 1996; 14 June
2007]
Section 6. Transfer of Land into the
Ownership of the Former Owners or the Heirs thereof
The ownership rights to land to the former owners of land or
the heirs thereof shall be renewed if the request of land has
been submitted until 20 June 1991, except for cases when in the
first round of land reform such land has been allocated for
permanent use to other natural persons for the maintenance of
farms, household farms, individual orchards, residential houses
and summer cottages, for the completion of the construction
objects commenced until 21 November 1990, for the maintenance of
buildings belonging to the State and local governments,
structures and sharing objects of a non-producing character.
If in the first round of land reform the land has been
transferred to another natural person, who is not a citizen of
the Republic of Latvia, the land shall remain in the property of
the State but the right of use of land shall be retained to the
natural person in the exceptional cases referred to in Paragraph
one of this Section.
To the former owners of land or the heirs thereof, who have
submitted the land request after 20 June 1991, the former land
thereof shall be returned in the ownership, except in cases when
such land until the moment of the submission of the request has
been allocated for permanent use to another natural person, and
also for the maintenance of buildings, structures and sharing
objects of a non-producing character belonging to the State and
local governments. The ownership rights of the former owners of
land or the heirs thereof to land that has been allocated for use
to the legal persons for other needs shall be renewed but they
shall receive such land for use not later than within five years,
politically repressed persons - not later than within one year
after submission of the land request.
The rights to lease land in the territories approved by the
Ministry of Agriculture until the repurchase of such lands and
corroboration of ownership rights in the Land Registers in the
name of the State on behalf of the Ministry of Agriculture shall
be guaranteed to the State selection farms, State experimental
farms, State scientific research farms, and agricultural
educational institution farms. The land shall be redeemed until 1
July 1998. Such farms have the obligation to pay the lease
payment for the current year to the owners of land - up to 5 % of
the cadastral value of the land - until the repurchase of the
land.
If buildings and structures belonging to legal persons, and
also buildings and structures of natural persons which have been
acquired in accordance with the procedures laid down in the Law
On Privatisation of Agricultural Undertakings and Collective
Fisheries, are located on the land requested by the former owners
of the land or the heirs thereof, the rights to lease the land,
which is occupied by the buildings, structures and courtyard, and
land of an area up to 0.5 hectares for the maintenance of such
buildings and structures, shall be guaranteed to such legal and
natural persons. The borders and area of the aforementioned land
shall be determined by the relevant local government land
committee.
If legal or natural persons have acquired buildings and
structures in accordance with the procedures laid down in the Law
on Privatisation of Agricultural Undertakings and Collective
Fisheries, the lease payment thereof for the land that is
occupied by the buildings, structures and courtyard and the land
necessary for the maintenance of such buildings and structures of
the area up to 0.5 hectares may not exceed 5 % of the cadastral
value of the land.
If the land or a part thereof may not be returned in actual
fact to the former owners of land or the heirs thereof, they have
the right to receive in ownership land of an equivalent value in
another place or a compensation.
If the former owner of land has not received land for use in
accordance with the Law on Land Reform in Rural Areas of the
Republic of Latvia, but he or she has agreed with one of his or
her relatives (the possible heir) that such relative shall put
into effect the land use rights, then the current user of land,
on the basis of the agreement entered into in any manner, shall
acquire also the rights to the restoration of land ownership
rights in place of the former owner. The former owner of land may
personally submit his or her written consent to the relevant
Community Deputy Council or may send a notification thereto, on
which the authenticity of his or her signature shall be
notarially certified.
If the former owner of land has not received land for use in
accordance with the law On Land Reform in Rural Areas of the
Republic of Latvia but he or she has agreed with one of the
relatives thereof (the possible heir) that such relative shall
put into effect the land use rights then the aforementioned
relative, on the basis of the agreement entered into in any
manner, shall acquire also the rights to the restoration of land
ownership rights in place of the former owner. The former owner
of land may personally submit his or her written consent to the
relevant parish council (municipality, city council) or may send
a notification thereto, on which the authenticity of the
signature thereof shall be notarially certified. If the former
owner of land has requested compensation, the land may be
transferred into ownership to the present user only in return for
payment. The aforementioned procedures shall relate also to
occasions when in the process of land reform the heir of the
owner who has requested or has received land for use, refuses it
in favour of one of the relatives thereof (the possible
heir).
If a descending heir of the nearer degree of kinship of the
owner of land (a son, daughter) has not submitted a request for
restoration of land ownership rights or a request for the receipt
of compensation within the specified time period, the land
property shall be transferred to any other heir if such land has
been allocated for use to him or her or has been requested
according to the procedures specified in this Law.
If both the user of land and other descending heirs of the
nearer degree of kinship of the former owner have applied to the
land to be inherited, then all shall have equal rights to the
inheritance and the user of land shall acquire free of charge
only his or her part of land to be inherited.
The inheritance fee need not be paid in all cases of
restoration of the land ownership rights.
[16 December 1993, 8 December 1994, 5 October 1995, 5
December 1996, 18 October 2001]
Section 7. Rights of Land Use for
Legal Persons
Legal persons to whom land has been allocated for use in
accordance with the law On Land Reform in Rural Areas of the
Republic of Latvia shall retain land use rights up to five years
in conformity with the objective for which such land was
allocated for use, if ownership rights to this land have been
restored to the former owners or the heirs thereof in accordance
with Section 6 of this Law. Legal persons shall retain land use
rights in the cases of the request for restoration of land
ownership rights of politically repressed persons up to one year
after submission of the request for restoration of land ownership
rights of politically repressed persons, except for land
allocated to lease up to 0.5 hectares for each individual
subsidiary farm.
The obligation of a legal person is to pay the lease payment
to the owner of land, the maximum amount of which and the
procedures for the payment shall be determined by the Cabinet,
except for the cases referred to in Section 6, Paragraphs four
and six, and also Section 9, Paragraph two of this Law.
Legal persons may use the land also in the case if the owner
of land has engaged in entrepreneurship by investing the land use
rights.
[16 December 1993, 8 December 1994; 5 October 1995; 5
December 1996]
Section 8. Documents Certifying Land
Ownership Rights
Ownership rights to land shall be certified by the statement
from the State archive, by an extract from the last record in the
Land Register or by another document confirming land ownership
rights or by the judgment of a court.
Land ownership rights may be restored to the heirs if they
submit documents confirming kinship. Documents confirming the
death of the owner of land shall not be required if the owner of
land has not submitted a request for the restoration of land
ownership rights.
[5 December 1996]
Section 9. Restoration of Land
Ownership Rights in the Cases of Land Term Request
If land has not been allocated to the former owners of land or
the heirs thereof according to the procedures specified in this
Law but only reserved, the land ownership rights thereof shall be
restored by retaining land use rights to the users of the land,
but not longer than for the time period of the term request. The
users of land shall pay the lease payment to the owner of land in
accordance with Section 7 of this Law.
If the former owners or the heirs thereof wish to receive the
land reserved for them for use prior to the term requested, the
land use (lease) rights of the land users (lessees) referred to
in Paragraph one of this Section shall remain until the moment of
termination of the time period for land use (lease). If land has
been leased to individual subsidiary farms, the land lease
contract may be prolonged until the expiry date of the land term
request. The provisions of Section 7, Paragraph one of this Law
shall be applied in such cases when politically repressed persons
have requested to restore land ownership rights. The lease
payment for the land leased for individual subsidiary farms shall
not exceed 5 % of the cadastral value of land.
[16 December 1993, 5 December 1996]
Section 10. Right of Pre-emption to
Land, Buildings, Structures and an Orchard (Trees)
The former owners of land or the heirs thereof (unless they
have received a plot of land of an equivalent value instead of
their land or a compensation), and also persons registered in a
separate register of unsatisfied requests for land, have the
right of pre-emption to acquire in their ownership buildings,
structures and an orchard (trees), which are located on such
land. Owners of buildings, structures and an orchard (trees) have
the same right of pre-emption if a plot of land is being sold. If
the abovementioned persons have not been able to use the right of
pre-emption due to the fault of the vendor, they have the right
of repurchase.
If the owner of buildings, structures and an orchard (trees)
does not use the right of pre-emption, the local government has
such right.
[5 December 1996]
Section 11. Total Area of Land to
which Land Ownership Rights may be Restored
The land ownership rights may be restored by returning the
land in actual fact that has been in the ownership or land
allocated in the place thereof, the maximum total area of which
is not limited.
[8 December 1994, 5 October 1995]
Chapter
III
PAYMENT OF COMPENSATION TO THE FORMER OWNERS OF LAND OR TO THE
HEIRS THEREOF
Section 12. Rights to Receive a
Compensation
The former owners of land or the heirs thereof have the right
to receive a compensation for the land that has been in the
ownership or a part thereof if they wish it and unless they have
received land on site or land of an equivalent value in another
place.
The following persons have the right to delete the land
ownership compensation certificates, receiving a payment - EUR
39.84 for a certificate, in accordance with the procedures
stipulated by the Cabinet:
1) the former owners of land, who until 31 December 1992 have
requested a compensation or land and have not been able to
receive such land due to the restrictions specified in the
Law;
2) the heirs of the first class of the former owners of land,
who until 20 June 1991 have requested land and have not been able
to receive it due to the restrictions specified in the Law (have
been entered into the register of unsatisfied requesters for
land);
3) the surviving spouses of the politically repressed and the
heirs of the first class of politically repressed of the former
owners of land if they have requested a compensation or land
until 31 December 1992 and have not been able to receive such
land due to the restrictions specified in the Law.
[16 December 1993, 8 December 1994; 5 October 1995, 5
December 1996, 3 April 2003; 12 September 2013]
Section 13. Examination of the
Request for Compensation
The land committee shall examine the request for the
compensation of the former owner of land or the heirs thereof and
documents confirming the right of inheritance, and also the
compensation calculated by the State Land Service, shall take the
decision to grant compensation and the amount thereof and shall
notify the requester of compensation thereof.
If the requester of compensation is not satisfied with such
decision, he or she may appeal it to the parish council
(municipality, city council), but the decision of the parish
council (municipality, city council) - before a court.
[5 October 1995, 18 October 2001]
Section 14. Amount of Compensation
and Procedures for the Payment
The amount of compensation shall be determined on the basis of
the total area of land and the evaluation thereof at the moment
of nationalisation. The compensation shall be calculated in units
of rye by equating one land evaluation mark (point) to the value
of 70 kilograms of rye in conformity with the price of rye
stipulated by the Cabinet at the moment of the receipt of
compensation.
If the former owner of land or the heir thereof submits
particular materials regarding the division of his or her land in
types of the use of land and the cadastral evaluation, the amount
of compensation shall be calculated on the basis of the submitted
materials.
The compensation shall be paid in money or securities within
the period of time and in the amount stipulated by the
Cabinet.
[8 December 1994]
[16 December 1993; 8 December 1994]
Chapter
IV
TRANSFER OF LAND INTO OWNERSHIP IN RETURN FOR PAYMENT
Section 15. Citizens to whom Land
may be Transferred into Ownership in Return for Payment
Land may be transferred into ownership in return for payment
to the citizens of the Republic of Latvia to whom it has been
allocated for permanent use if they fulfil the obligations of
land users specified in the Law and land ownership rights to such
land of the former owners of land or the heirs thereof are not
restored in accordance with Section 6 of this Law.
Section 16. Maximum Amount of the
Area of Land to be Transferred into Ownership in Return for
Payment
The total area of land transferred into ownership shall not
exceed 150 hectares, but forest area - 50 hectares.
The matter regarding the transfer of a greater area of land or
forest into ownership shall be decided by the Central Land
Commission of the Republic of Latvia, on the basis of the
recommendation of the relevant parish land commission.
[5 December 1996]
Section 17. Transfer into Ownership
of Local Level Amelioration Systems and Other Structures Related
to Land
The elements of the local level amelioration system and other
structures together with the transfer of land into ownership in
return for payment shall be transferred into ownership of the
citizens without remuneration in accordance with the procedures
stipulated by the Cabinet.
[16 December 1993]
Section 18. Amount of Payment for
the Land Transferred into Ownership
The amount of payment for the land transferred into ownership
shall be determined on the basis of the total area of land, the
area of the types of use of land, location of the land section
and valuation. In addition, the payment for a forest stand, which
is located on the forest land, shall be evaluated and determined,
observing the species and age of the forest stand. The payment
for the land transferred into ownership shall be calculated in
units of rye by equating one land evaluation mark (point) to the
value of 70 kilograms of rye in conformity with the price of rye
at the moment of the transfer of land.
The amount of payment for the agricultural and forest lands
that are transferred for the industrial, transport and other
needs shall be calculated in accordance with the norms regarding
agricultural and forestry production losses determined by the
Cabinet that have occurred due to the alienation of land.
The payment for the land transferred into ownership may be
reduced, depending on the objective for which the land is
transferred, the period of time of the use thereof until the
request into ownership, the marital status and experience in
agriculture and forestry of the requester. The total deduction
shall not exceed 75 % of the calculated amount of payment.
The procedures for calculating and settling payment shall be
determined by the Cabinet.
[16 December 1993]
Chapter V
PROCEDURES FOR THE PRIVATISATION AND ALIENATION OF LAND
[14 June 2007]
Section 19. Authorities for the
Privatisation and Alienation of Land
The land privatisation shall be accomplished by:
1) the Central Land Commission of the Republic of Latvia by
co-ordinating and legally ensuring the process of land
privatisation in the Republic;
2) the Cabinet and authorities thereof by materially and
technically ensuring the process of land privatisation in the
Republic;
3) the State Land Service by preparing (forming) land
properties for the registration thereof, development,
implementation and management of the State cadastre of other
immovable properties;
4) local governments and authorities thereof by compiling and
examining the requests for land privatisation and the suggestions
for land alienation and by taking decisions in accordance with
the procedures laid down in this Law;
5) the authority stipulated by the Cabinet by making the
settlement of accounts and credit operations related to
privatisation;
6) the authority carrying out privatisation of State
properties by carrying out the privatisation of such land for
which, until 31 August 2006, proposals for privatisation have
been submitted in cases and in accordance with the procedures
provided for in the Law on Privatisation of State and Local
Government Property.
In other cases which are not referred to in Paragraph one of
this Section the land alienation shall be accomplished by
valsts akciju sabiedrība "Valsts nekustamie īpašumi"
[State stock company State Immovable Property] by carrying out
alienation of land in the cases and in accordance with the
procedures provided for in the Law on Alienation of State and
Local Government Property.
[27 April 1993; 16 December 1993; 5 December 1996; 17
November 2005; 14 June 2007; 16 January 2014; 6 June
2019]
Section 20. Submission of the
Requests for Land Property
The former owners of land or the heirs thereof, and also
citizens to whom land has been allocated for permanent use, shall
submit the requests for land property together with the documents
specified in Paragraph two of this Section to the parish council
(municipality, city council), in the territory of which the land
to be privatised is located.
The area of land allocated for permanent use, the area of land
requested in the ownership and the purpose of use shall be
indicated in the request for land property.
The following shall be attached to the request:
1) documents that confirm the land ownership rights or rights
of inheritance unless such documents have been submitted when
requesting land for use;
2) the plan of the section of land to be requested in the
ownership.
Documents that confirm the land ownership or inheritance
rights shall be submitted to the relevant parish council
(municipality, city council) not later than until 1 June 1996. In
the case of exceeding such term the land ownership rights may be
restored only by a court.
The State archives shall, until 1 June 1996, issue the
necessary information to persons who have submitted a request for
information until 1 April 1996.
[8 December 1994; 5 October 1995; 12 June 1996; 18 October
2001]
Section 21. Examination of the
Requests for Land Property
The parish land committee shall examine the request for land
property and shall take the decision to restore the ownership
rights of the former owner of land or to transfer land into
ownership in return for payment or regarding the refusal.
The decision of the parish land committee to refuse to restore
land ownership rights to the former owner of land, and also to
refuse to transfer land into ownership of the requester thereof
may be appealed to the parish council, but the decision of the
parish council - before a court.
If the parish land committee, within six months from the day
of receipt of all the necessary documents, has not examined the
request of the former owner of land or the heirs thereof to
restore land ownership rights, the applicants have the right to
request the restoration of ownership rights by judicial
process.
The Central Land Commission is entitled to examine the
requests of the former owners of land and the heirs thereof and
take decisions regarding:
1) modify the boundaries of land that has been allocated for
use to farms established prior to the land reform (before 20 June
1990) in the following cases:
- if on the land properties requested by the former owner of
land or the heirs thereof that have been allocated for use to a
farm prior to the land reform are located buildings and
structures belonging to them, but buildings and structures of the
present users of land are not located there;
- if in the use of a farm, established prior to the land
reform, there is a forest requested by the politically repressed
or the heirs of first class thereof;
2) to establish household farms for the politically repressed
or the heirs of the first class thereof, who after 20 June 1991
have recovered ownership rights to buildings.
[16 December 1993; 8 December 1994; 5 October 1995]
Section 22. Decisions on Land
Privatisation
The following shall be indicated in the decision to restore
land ownership rights:
1) to what land and in which amount land ownership rights are
being restored;
2) to what area of land and to which period of time the land
use restrictions are being imposed;
3) to what area of land a compensation is due and what is the
amount thereof.
To whom, to what area and for what objective the land is being
transferred, and also the amount of payment, shall be indicated
in the decision to transfer land into ownership in return for
payment.
The evaluation of land, servitudes that are related to the
land property, and also the evaluation of another immovable
property and the legend of the types of the use of land shall be
indicated in the decision to restore land ownership rights or to
transfer land into ownership in return for payment after the
request by the owner of land. If necessary, special provisions
for land management shall also be indicated in the decision to
transfer land into ownership. The boundary plan of the section of
land shall be attached to the decision in all cases.
[27 April 1993; 8 December 1994; 5 October 1995]
Section 23. Documents Certifying
Land Ownership Rights
Land ownership rights shall be certified by a decision of a
judge entered in the State Unified Computerised Land Register,
and also a certified computer print-out of a decision of a judge
or a certificate of the Land Register which is issued by the
district (city) court on the basis of the ruling of the parish
land committee or made by the appeal procedures by the parish
council (municipality, city council), district land committee,
Central Land Commission or court, the Cadastre Register of the
regional department of the State Land Service and the contract of
the authority stipulated by the Cabinet with the owner of land
regarding repurchase of land.
[5 October 1995; 18 October 2001; 16 January 2014; 6 June
2019]
Section 24. Special Conditions for
Land Privatisation
In the process of land privatisation, land shall be
transferred into ownership of the citizen of the Republic of
Latvia only to one farm and household farm in return for payment
in certificates. The extension of farms and household farms
during the land reform shall not be considered as establishment
of a new farm or household farm and land allocated for permanent
use until 1 November 1996 shall be privatised in accordance with
the provisions of this Law.
The documenting of land ownership rights in relation to land
belonging to and under the jurisdiction of the State and local
governments, and also the procedures for the distribution and
documenting of land ownership rights belonging to and under the
jurisdiction of the State and local governments shall be
regulated by the law On State and Local Government Land Property
Rights and Entry thereof in the Land Register.
The procedures for making transactions with land properties
corroborated in the Land Register shall be governed by Chapter VI
of this Law.
[5 December 1996]
Section 25. Financial Provision of
Works Related to Land Privatisation
[21 June 2007]
Section 26. State Fee in the Process
of Land Privatisation
Persons who enter into contracts in the process of land
privatisation and make other lawful transactions that are related
to the restoration of former land ownership rights or the
acquisition of land in ownership in return for payment shall be
exempted from the payment of the State fee.
[16 December 1993]
Chapter
VI
TRANSACTIONS WITH LAND PROPERTIES
[5 December 1996]
Section 27. Transaction Object
Transactions may be made only with such land the ownership
rights to which have been corroborated in the Land Register.
Within the meaning of this Chapter transactions with land
properties shall be considered to be any transactions as a result
of which the owner of land changes.
[3 July 2014]
Section 28. Subjects of
Transactions
Land may be acquired into ownership by the following
subjects:
1) citizens of the Republic of Latvia and citizens of other
European Union Member States, and also citizens of the countries
of the European Economic Area, the Swiss Confederation, and the
Member States of the Organisation for Economic Co-operation and
Development;
2) the Republic of Latvia as the initial legal person governed
by public law, and derived public persons;
3) a capital company registered in the Republic of Latvia, and
also a capital company registered in another European Union
Member State or country of the European Economic Area, the Swiss
Confederation, or Member State of the Organisation for Economic
Co-operation and Development which, in accordance with laws and
regulations, is a taxpayer in the Republic of Latvia and:
a) all shareholders of which are the subjects referred to in
Clause 1 or 2 of this Paragraph each individually or all
together;
b) all shareholders of which are natural or legal persons from
countries with which the Republic of Latvia has entered into
international agreements ratified by the Saeima by 31
December 1996 for the promotion and protection of investments .
The abovementioned shall also be applicable to natural or legal
persons from countries with which international agreements have
been entered into after 31 December 1996, if such agreements
provide for the rights of natural and legal persons registered in
the Republic of Latvia to purchase land in the relevant
country;
c) all shareholders of which are several subjects referred to
in Sub-clauses "a" and "b" of this Clause together;
d) [3 July 2014];
4) religious organisations registered in Latvia the term of
activity of which, counting from the day when they were
registered without the obligation to re-register or from the day
when they provided a notice to the register institution in the
Republic of Latvia, is not less than three years;
5) a legal subject registered in the Republic of Latvia,
another European Union Member State, country of the European
Economic Area, the Swiss Confederation, or Member State of the
Organisation for Economic Co-operation and Development which, in
accordance with laws and regulations, is a taxpayer or has
registered as a performer of economic activity in the Republic of
Latvia and is:
a) an individual undertaking the owner of which is the person
referred to in Clause 1 of this Paragraph;
b) an individual merchant which has been registered by the
person referred to in Clause 1 of this Paragraph;
c) a co-operative society all members of which are the
subjects referred to in Clauses 1, 2, and 3 of this Paragraph,
and also in Sub-clauses "a", "b", and "c" of this Clause each
individually or all together;
d) another subject registered in another European Union Member
State, country of the European Economic Area, the Swiss
Confederation, or Member State of the Organisation for Economic
Co-operation and Development which is considered equivalent to
the subjects referred to in this Clause;
6) [3 July 2014];
7) associations and foundations registered in the Register of
Associations and Foundations of the Republic of Latvia, the term
of activity of which, counting from the moment of registration in
the Republic of Latvia, is not less than three years, the purpose
of operation of which is related to nature protection, production
of agricultural crops or produce or organisation and maintenance
of a hunting farm, and which purchase land for implementation of
such purposes.
[3 July 2014]
[3 July 2014]
The subjects of transactions which are not referred to in
Paragraph one of this Section may acquire land into ownership in
conformity with the restrictions laid down in Section 29 of this
Law and in accordance with the procedures laid down in Section
30.
[3 April 2003; 17 November 2005; 14 April 2011; 3 July
2014; 27 February 2020]
Section 28.1 Subjects of
Transactions with Agricultural Land
The transaction subjects referred to in Section 28, Paragraph
one of this Law may acquire agricultural land and land, in the
composition of which the dominant category of use of land is
agricultural land, comparing the area occupied thereby with the
sum of areas of the transaction object corresponding to other
categories of use of land or the area of individual unit of land
in the composition of a transaction object, and also the
undivided share of such land properties (hereinafter - the
agricultural land), into ownership, if they are:
1) natural persons who conform to all of the following
conditions:
a) are registered as performers of economic activity in the
Republic of Latvia;
b) [18 May 2017];
c) certify in writing that the use of such land in
agricultural activity will be commenced within a year after its
purchase and will be ensured henceforth, if land in the previous
or current year has been applied for direct payments, or will
commence within three years and ensure henceforth, if land in the
previous or current year has not been applied for direct
payments;
d) the total amount of their tax debts in Latvia or in the
country where their permanent place of residence is located does
not exceed EUR 150;
e) have received a document on proficiency in the official
language of at least B2 level, if they are citizens of other
European Union Member States, citizens of countries of the
European Economic Area, the Swiss Confederation, or the Member
States of the Organisation for Economic Co-operation and
Development, and the registration certificate of the Union
citizen, if they are citizens of other European Union Member
States, countries of the European Economic Area, or the Swiss
Confederation;
2) legal persons who conform to all of the following
conditions:
a) [18 May 2017];
b) certify in writing that use of such land in agricultural
activity will be commenced within a year after its purchase and
will be ensured henceforth, if land in the previous or current
year has been applied for direct payments, or will commence
within three years and ensure henceforth, if land in the previous
or current year has not been applied for direct payments;
c) [18 May 2017];
d) the beneficial owners may be indicated and it may be
certified that all beneficial owners are the persons referred to
in Section 28, Paragraph one, Clause 1 of this Law;
e) the total amount of their tax debts in Latvia or in the
country where these persons are registered does not exceed EUR
150;
f) is the owner of its capital shares (stocks) or owners who
jointly represent more than half of the voting capital shares in
the company, and all persons having the right to represent the
company, if they are citizens of other European Union Member
States, citizens of countries of the European Economic Area or
the Swiss Confederation, have received the registration
certificate of the Union citizen and the document on proficiency
in the official language of at least B2 level;
g) is the owner of its capital shares (stocks) or owners who
jointly represent more than half of the voting capital shares in
the company, and all persons having the right to represent the
company, if they are not citizens of other European Union Member
States, citizens of countries of the European Economic Area or
the Swiss Confederation, but are citizens of Member States of the
Organisation for Economic Co-operation and Development or the
countries referred to in Section 28, Paragraph one, Clause 3,
Sub-clause " b" of this Law, have received the document on
proficiency in the official language of at least B2 level.
Within the meaning of this Section agricultural activity is
growing and production of plant produce (also growing of tree
plants, mushrooms, wild berries), stock farming produce (also
rabbit-breeding, poultry farming, apiculture and fur-faming),
internal water fish farming produce (pisciculture in private
bodies of water) and horticulture produce (also floriculture,
greenhouse farming), including pre-processing and
post-processing, if it is performed in the farm itself, and also
the provision of rural tourism services and maintenance of
agricultural land for pasture or crop farming in an adequate
state.
Within the meaning of this Section rural tourism services are
guest accommodation services, which are provided in rural areas
and rural populated areas in specially equipped premises for
accommodating guests or other adjusted premises, and also
additional services related to rural tourism which are based on
the local cultural and natural resources.
Conditions of Paragraph one, Clause 1, Sub-clause "a" of this
Section shall not be applied to natural persons - owners of farms
who perform their economic activities by using the organisational
structure of a farm.
[3 July 2014; 18 May 2017; 7 November 2019; 27 February
2020]
Section 29. Restrictions on
Transactions with Land Properties
[3 July 2014]
The persons referred to in Section 28, Paragraph four of this
Law may not acquire in ownership:
1) land in the border zone of the State;
2) land in nature reserves and other protected nature areas in
zones of nature reserves;
3) land in the protection zone of coastal dunes of the Baltic
Sea and the Gulf of Riga;
4) land in the protection zones of public reservoirs and water
courses, except for sections in which a group of constructions is
intended in conformity with the territorial planning of local
government;
5) the agricultural and forest land, except for sections in
which construction is intended in conformity with the territorial
planning of local government;
6) land in the mineral deposits of national significance.
The restrictions referred to in this Section relating to
transactions with land properties shall not be applicable to the
acquisition of land in ownership by means of inheriting.
One natural or legal person may acquire up to 2000 hectares of
agricultural land into ownership. This condition shall not apply
to the subjects referred to in Section 28, Paragraph one, Clause
2 of this Law, the manager of the Land Fund of Latvia referred to
in Section 38, Paragraph one of this Law and State capital
companies which acquire agricultural land into ownership for the
implementation of the functions delegated by law.
Agricultural land which is leased by the person or for which
it receives direct payments at the time of entering into effect
of the restriction on the maximum area of agricultural land in
the ownership of one person specified in this Law shall not be
included in the area of agricultural land referred to in Section
four of this Section.
On the basis of long-term development vision and priorities,
strategic objectives and spatial development perspective of a
local government, the municipality local government may
determine, in the binding regulations, the maximum area of
agricultural land in the ownership of one natural or legal person
in its administrative territory, without exceeding the area of
agricultural land referred to in Paragraph four of this
Section.
The persons referred to in Section 28, Paragraph one, Clause 7
of this Law may acquire agricultural land into ownership the area
of which at the time of entering into a transaction and after
transaction in total does not exceed five hectares. If the
operation of the person referred to in Section 28, Paragraph one,
Clause 7 of this Law is terminated, after covering the
liquidation expenses and satisfying the claims of creditors the
agricultural land in the ownership of an association or
foundation shall be within jurisdiction of the manager of the
Land Fund of Latvia referred to in Section 38, Paragraph one of
this Law.
Related parties may into ownership the agricultural land with
an area of up to 4000 hectares. This condition shall not apply to
the subjects referred to in Section 28, Paragraph one, Clause 2
of this Law, the manager of the Land Fund of Latvia referred to
in Section 38, Paragraph one of this Law and State capital
companies which acquire agricultural land into ownership for the
implementation of the functions delegated by law.
[3 April 2003; 3 July 2014; 18 May 2017]
Section 30. Procedures for Examining
Transactions
The persons referred to in Section 28, Paragraph four of this
Law (except for non-citizens) who wish to acquire land into
ownership or the authority carrying out privatisation of State
properties if it carries out land privatisation, or valsts
akciju sabiedrība "Valsts nekustamie īpašumi" [the State
stock company State Immovable Property], if it carries out
alienation of State land, shall lodge a submission to the
municipality council in the territory of which the relevant land
is located. The objective of further use of such land shall be
indicated in the application. A true copy of a deed of
transaction shall be attached to the submission, except for the
cases when land privatisation is carried out by the authority
carrying out privatisation of State properties or the State land
alienation - by valsts akciju sabiedrība "Valsts nekustamie
īpašumi" [the State stock company State Immovable
Property].
The municipality council shall examine the application. If the
objective of further use of land which is indicated in the
application is not in contradiction with the spatial plan or
detailed plan of the municipality local government and the
restrictions referred to in Section 29 of this Law are conformed
to, the municipality council shall give a consent to the
acquisition of land into ownership within 20 days. The consent
shall be drawn up as a statement, and it shall be signed by the
chairperson of the municipality council. The objective of use of
the land to be acquired into ownership as the result of a
transaction shall also be indicated in the statement. A deed of
transaction shall be valid for entering into the Land Register
only if the abovementioned statement is attached thereto. Parties
to the transaction have the right to appeal the refusal of
consent to a court.
The former owners of land and the heirs thereof who have
requested land until 20 June 1991 and who have been registered in
a separate register of unsatisfied requests for land have the
right of pre-emption to such land to which ownership rights were
not restored for them.
[18 October 2001; 3 April 2003; 17 November 2005; 16
December 2010; 3 July 2014; 6 June 2019]
Section 30.1 Procedures
for Examining Transactions with Agricultural Land
The persons referred to in Section 28, Paragraph one, Clause 7
and Section 28.1, Paragraph one of this Law, and also
the persons who wish to acquire agricultural land into ownership
for use of subterranean depths, shall lodge a submission to the
local government of such municipality in the territory of which
the relevant land is located. The purpose of further use of such
land shall be indicated in the submission and a deed of
transaction and the documents which certify the right of the
person to acquire agricultural land into ownership shall be
appended thereto. The lawfulness of transactions performed with
agricultural land shall be supervised by the committee of the
municipality local government (hereinafter - the local government
committee).
If necessary, the local government committee may invite the
persons referred to in Section 28.1, Paragraph one to
present in the State language the further use of the land in
agricultural activity. If the persons referred to in Section
28.1, Paragraph one, Clause 2 of this Law wish to
acquire agricultural land into ownership, the further use of the
land in agricultural activity shall be presented by the owner of
capital shares (stocks) or owners - natural persons who jointly
represent more than half of the voting capital shares in the
company, but in the case referred to in Section 28.1,
Paragraph one, Clause 2, Sub-clause "d" - the indicated
persons.
In accordance with the procedures laid down in the
Administrative Procedure Law, the local government committee
shall:
1) take the decision to agree to the acquisition of
agricultural land into ownership, if the conditions of Section
28.1, Paragraph one, Section 29, Paragraphs four,
five, and six of this Law are conformed to and the persons
referred to in Section 30.2, Paragraphs two and three
of this Law do not exercise the pre-emptive rights or the
purchase agreement has been entered into with the abovementioned
persons. The local government committee shall take the decision
to refuse to acquire agricultural land into ownership, if the
abovementioned conditions are not conformed to;
2) take the decision to agree to the acquisition of
agricultural land into ownership, if the conditions of Section
28, Paragraph one, Clause 7 of this Law and the conditions of
Section 29, Paragraph seven in relation to the maximum area of
agricultural land to be acquired into ownership are conformed to.
The local government committee shall take the decision to refuse
to acquire agricultural land into ownership, if the
abovementioned conditions are not conformed to;
3) take the decision to agree to the acquisition of
agricultural land into ownership, if the person who wishes to
acquire agricultural land into ownership for the use of
subterranean depths, has certified in the application referred to
in Paragraph one of this Section that the relevant land will be
henceforth used for the use of subterranean depths, and if
according to the spatial plan or detailed plan of the
municipality local government extraction of mineral resources is
permissible, the quality assessment of land is below 60 points
and the conditions of Section 29, Paragraph four, five, and six
of this Law are conformed to. The local government committee
shall take the decision to refuse to acquire agricultural land
into ownership, if the abovementioned conditions are not
conformed to.
The local government commission shall draw up the decision to
consent to the acquisition of agricultural land into ownership in
the form of a statement, and the deed of transaction shall be
valid for entering in the Land Register only after the
abovementioned statement has been appended thereto. Both parties
to the transaction have the right to appeal the decision to
refuse to acquire agricultural land into ownership in accordance
with the procedures laid down in the Administrative Procedure
Law.
The Cabinet shall determine:
1) the criteria for determining the dominant land use category
in transactions with agricultural land;
2) the information to be included in the application and the
documents to be appended thereto;
3) procedures by which the manager of the Land Fund of Latvia
and lessees referred to in Section 30.2 of this Law
shall exercise their right of pre-emption;
4) the procedures by which the local government committee
shall be funded and established, its composition, and also the
rights and obligations of the local government committee shall be
determined;
5) the procedures by which the local government committee
shall examine applications for transactions with agricultural
land and take a decision on consent to the acquisition of
agricultural land into ownership or to refuse to acquire
agricultural land into ownership;
6) the procedures by which revenue from agricultural
production shall be calculated;
7) the procedures by which the data necessary for taking a
decision shall be obtained from other State information
systems;
8) the time periods and procedures by which a person in
accordance with Section 29, Paragraph five and Section 36,
Paragraph two of this Law shall provide information on the
agricultural land leased thereby.
The local government committee shall inspect the enforcement
of the written certification for the use of land in agricultural
activity referred to in Section 28.1, Paragraph one,
Clause 1, Sub-clause "c" and Clause 2, Sub-clause "b" of this
Law.
The local government committee shall keep a register of those
land acquisition transactions which have been concluded until 31
October 2014 and have not been registered with the Land Register
until 30 June 2017. The subject of the transaction and date when
the contract was entered into shall be indicated in the register,
and it shall be available to the public on the website of the
local government.
[3 July 2014; 13 November 2014; 18 May 2017; 27 February
2020]
Section 30.2 Right of
Pre-emption to Agricultural Land
If the owner of land sells land belonging to him or her, the
lessee of the land and the manager of the Land Fund of Latvia
shall have the right of pre-emption in accordance with the
conditions provided for in Paragraphs two, three, and four of
this Section.
The right of pre-emption may be used by the person referred to
in Section 28.1, Paragraph one of this Law who leases
the agricultural land to be sold and has registered the land
lease contract in the local government at least a year before the
day when the transaction has been concluded, or who leases the
agricultural land to be sold and whose right of pre-emption has
been agreed upon and registered with the Land Register.
If the land is leased by several persons conforming to the
condition provided for in Paragraph two of this Section, they
shall agree in writing upon the procedures for the use of the
right of pre-emption. If no agreement is reached, the person
referred to in Section 28.1, Paragraph one of this Law
who leases the agricultural land to be sold and whose right of
pre-emption has been agreed upon and registered with the Land
Register shall have the right of pre-emption.
In the absence of any such person or if the lessees of the
land have not agreed upon the use of the right of pre-emption in
accordance with Paragraph three of this Section, or the lessee of
the land whose right of pre-emption has been agreed upon and
registered with the Land Register does not use the right of
pre-emption, the manager of the Land Fund of Latvia referred to
in Section 38, Paragraph one of this Law may use the right of
pre-emption to the agricultural land to be alienated.
If the agricultural land to be sold is a joint property, the
joint holder of the land shall have the right of pre-emption to
it. The right of pre-emption shall be exercised in accordance
with the Civil Law. If the joint owner of the land refuses to
exercise the right of pre-emption, the lessee of the land and the
manager of the Land Fund of Latvia may exercise the right of
pre-emption by complying with the conditions provided for in
Paragraphs two, three and four of this Section.
[18 May 2017]
Section 30.3 Exceptions
in Transactions with Agricultural Land
The requirements of Sections 28.1, 30.1,
and 30.2 of this Law do not apply to:
1) acquirers of agricultural land, the area of agricultural
land in the ownership or legal possession of which at the time of
concluding a transaction and after transaction does not exceed
ten hectares in total for natural persons and five hectares in
total for legal persons, or more if the excess of the land area
is less than the minimum area of a unit of land to be newly
created determined by the local government;
2) agricultural land to be acquired as a result of insolvency
proceedings;
3) agricultural land to be acquired as a result of
inheritance;
4) the agricultural land necessary for ensuring the State or
local government functions, and also the agricultural land which
is acquired into ownership by State capital companies for
implementation of the functions delegated by law;
5) the agricultural land which is acquired into ownership by a
person in accordance with Section 4, Paragraph four, Clauses 1,
3, 4, 7,, and 8 of the Law on Alienating the Property of Public
Persons and Section 26, Clauses 1 and 2 of the Law on Alienation
of the Immovable Property Necessary for the Public Needs, if the
dominant category of use of land for the immovable property to be
alienated is agricultural land;
6) transactions with agricultural land between spouses,
relatives of first and second degree;
7) the agricultural land which is alienated in land
consolidation proceedings in accordance with the laws and
regulations governing land management;
8) transactions with land in the territory the functional zone
of which determined in the spatial plan or local plan of local
government is the building territory;
9) transactions between religious organisations of one
domination in accordance with the procedures provided for in the
articles of association (constitution, bylaw) of the religious
association or the parish of the relevant denomination.
The requirements of Sections 28.1 and
30.1 of this Law do not apply to:
1) the joint owner of land;
2) the manager of the Land Fund of Latvia referred to in
Section 38, Paragraph one of this Law.
[3 July 2014; 18 May 2017]
Section 31. Publishing of
Information on Concluded Transactions
The Ministry of Justice shall publish information on
transactions as a result of which the persons referred to in
Section 28, Paragraph one, Clause 3, Sub-clause "b" and Paragraph
four of this Law have acquired an immovable property in the
official gazette Latvijas Vēstnesis at least twice a year
specifying therein the size, cadastral value of such properties,
proportion thereof in administrative territories of local
governments and other indicators stipulated by the Cabinet.
[17 November 2005; 3 July 2014]
Section 32. Preservation or
Termination of Land Ownership Rights to Natural Persons who have
Acquired Land in Ownership by Means of Inheriting
[3 April 2003]
Section 33. Preservation or
Termination of Land Ownership Rights of Natural Persons and Legal
Persons
After making the changes to shareholder register of the
capital companies referred to in Section 28, Paragraph one,
Clause 3 of this Law of the Commercial Register, the authorised
representative thereof shall, within ten working days, inform the
relevant municipality council thereof in writing. The
municipality council shall examine the ownership of the fixed
capital shares of this capital company in the Commercial
Register. If changes have occurred in the fixed capital of a
capital company as a result of which the capital company does not
conform to the conditions of Section 28, Paragraph one, Clause 3
of this Law, for the purpose of further preservation of land
property such capital company shall have to receive a consent
from the municipality council in accordance with the procedures
laid down in Section 30 of this Law. If the municipality council
does not give its consent, the capital company has an obligation
to alienate the land property within two years.
If the natural or legal persons referred to in Section 28,
Paragraph four of this Law do not use the land property acquired
in the result of transactions for the indicated purposes, such
property shall be alienated within two years.
The Cabinet shall determine the procedures for further use and
alienation of a non-alienated land property.
[18 October 2001; 3 April 2003; 17 November 2005; 16
December 2010; 3 July 2014; 18 May 2017]
Section 34. Restrictions on the Size
of Acquisition of Land
[14 June 2007]
Section 35. Termination of Land
Reform
The decision to terminate land reform in the territory of the
relevant local government shall be taken by the Cabinet by
issuing an order on the basis of a submission of the relevant
local government.
Section 36. Lease of the
Agricultural Land
The agricultural land lease contract shall be entered into in
writing for a period of at least five years.
The lessee or lessor of land shall inform the local government
of the entered-into agricultural land lease contracts in
accordance with the procedures stipulated by the Cabinet.
The local government shall keep a register of agricultural
land lease contracts.
[3 July 2014 / This Section comes into force on 1 November
2014. See Paragraph 5 of the Transitional Provisions]
Section 36.1 Lease of the
Agricultural Land with the Right of Repurchase
The agricultural land owned by a local government and not
built on may be transferred for lease with the right of
repurchase in accordance with the procedures provided for in this
Section.
Local government shall take a decision on agricultural land
located in its territory which shall be offered for lease with
the right of repurchase. The decision shall be published
according to the procedures provided for in the law On Local
Governments.
The agricultural land owned by a local government shall be
transferred for lease with the right of repurchase for a period
of up to 12 years by determining the yearly land lease payment in
the amount of 4.5 per cent of the cadastral value of the land.
The lease payment shall be included in the repurchase price, if
the lessee exercises the right of repurchase.
The repurchase price of the land shall be determined in the
amount of the cadastral value of the land on the day when the
lease contract with the right of repurchase is entered into. The
right of repurchase can be exercised not earlier than in the
fourth year of the lease contract.
The entered-into land lease contract with the right of
repurchase shall be entered into the Land Register. Expenses
related to entering into the lease contract and making an entry
in the Land Register shall be covered by the lessee.
A natural person may apply for the lease of land with the
right to repurchase referred to in Paragraph one of this Section,
if this person does not own agricultural land and certifies in
writing that, within a year after entering into the land lease
contract with the right of repurchase, he or she shall commence
the use of land in agricultural activity.
Only on one occasion a natural person is entitled to acquire
land into ownership in accordance with the procedures provided
for in this Section.
The Cabinet shall determine the documents to be submitted,
conditions of the lease contract with the right of repurchase and
procedures for entering into and terminating it.
[18 May 2017 / This Section shall come into force on 1
January 2018. See Paragraph 9 of the Transitional
Provisions]
Chapter
VII
Land Fund of
Latvia
[3 July 2014]
Section 37. Purpose of the Land Fund
of Latvia
The Land Fund of Latvia shall be formed by the agricultural
land accumulated at national level.
The purpose of the Land Fund of Latvia is to promote, at
national level, the protection of and access to agricultural land
resources, their rational, efficient and sustainable use, and
also preservation of agricultural land areas.
Section 38. Management of the Land
Fund of Latvia
The Land Fund of Latvia shall be established, maintained, and
managed by an authority stipulated by the Cabinet - capital
company in which all capital shares (stocks) belong to one or
several public entities (hereinafter - the manager of the Land
Fund of Latvia).
In order to implement the purpose referred to in Section 37,
Paragraph two of this Law, the manager of the Land Fund of Latvia
shall, as the subject governed by private law, make transactions
with agricultural land, including by entering into immovable
property lease, reverse repurchase, purchase, sale, or change
transactions.
The procedures by which the manager of the Land Fund of Latvia
makes transactions with immovable properties, including lease,
purchase, sale, entry into reverse repurchase agreements and
change of agricultural land shall be determined by the
Cabinet.
The agricultural land acquired by the manager of the Land Fund
of Latvia on the basis of the reverse repurchase agreement shall
be leased to the seller for five years.
The manager of the Land Fund of Latvia is not entitled to
invest the immovable property acquired as a result of a
transaction in its fixed capital.
[18 May 2017]
Chapter
VIII
Administrative Offences
in the Field of Use of Agricultural Land and Competence in
Administrative Offence Proceedings
[7 November 2019 /
Chapter shall come into force on 1 July 2020. See
Paragraph 12 of the Transitional Provisions]
Section 39. Administrative Liability
in the Field of Use of Agricultural Land
For the non-fulfilment of the obligation included in the
certification to commence the use of agricultural land in
agricultural activity within a year after its purchase and to
ensure its use in agricultural activity henceforth, if land in
the previous or current year had been applied for direct payments
and the area of agricultural land is:
1) from one hectare to 20 hectares, a warning or a fine from
three to twelve units of fine shall be imposed on a natural
person, but a fine from ten to thirty units of fine - on a legal
person;
2) from 21 hectares to 50 hectares, a warning or a fine from
twelve to seventy units of fine shall be imposed on a natural
person, but a fine from thirty to one hundred and thirty units of
fine - on a legal person;
3) from 51 hectares to 100 hectares, a warning or a fine from
seventy to one hundred units of fine shall be imposed on a
natural person, but a fine from one hundred and thirty to three
hundred units of fine - on a legal person;
4) more than 100 hectares, a warning or a fine from one
hundred to one hundred and forty units of fine shall be imposed
on a natural person, but a fine from three hundred to one
thousand units of fine - on a legal person.
For the non-fulfilment of the obligation included in the
certification to commence the use of agricultural land in
agricultural activity within three years after its acquisition
and to ensure its use in agricultural activity henceforth, if
land in the previous or current year had not been applied for
direct payments and the area of agricultural land is:
1) from one hectare to 20 hectares, a warning or a fine from
three to twelve units of fine shall be imposed on a natural
person, but a fine from ten to thirty units of fine - on a legal
person;
2) from 21 hectares to 50 hectares, a warning or a fine from
twelve to seventy units of fine shall be imposed on a natural
person, but a fine from thirty to one hundred and thirty units of
fine - on a legal person;
3) from 51 hectares to 100 hectares, a warning or a fine from
seventy to one hundred units of fine shall be imposed on a
natural person, but a fine from one hundred and thirty to three
hundred units of fine - on a legal person;
4) more than 100 hectares, a warning or a fine from one
hundred to one hundred and forty units of fine shall be imposed
on a natural person, but a fine from three hundred to one
thousand units of fine - on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 12 of the Transitional
Provisions]
Section 40. Competence in
Administrative Offence Proceedings
Until examination of an administrative offence case the
administrative offence proceedings regarding the offences
referred to in Section 39 of this Law shall be conducted by the
executive director of the local government, the environmental
control official of the local government, or the municipal
police.
The administrative offence case regarding the offences
referred to in Section 39 of this Law shall be examined by the
administrative commission of the local government.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 12 of the Transitional
Provisions]
Transitional Provisions
[17 November 2005]
1. The norms of this Law shall be applicable unless otherwise
provided for by the Law on Completion of State and Local
Government Property Privatisation and Use of Privatisation
Certificates.
2. Amendments to Section 19, Clause 3 of this Law in relation
to land survey shall come into force on 1 January 2006.
[14 June 2007]
3. The Cabinet shall issue the regulations referred to in
Section 30.1, Paragraph four, Clauses 1, 2, 3, 4, 5,
7, and 8 of this Law by 30 October 2014 and the regulations
referred to in Section 30.1, Paragraph four, Clause 6
of this Law - by 30 June 2015.
[3 July 2014]
4. The requirements included in Section 28.1,
Paragraph one, Clause 1, Sub-clause "b" and Clause 2, Sub-clause
"a" of this Law in relation to conformity with the requirements
of Regulation No 1307/2013 and in relation to the revenue from
agricultural production shall be applicable from 1 July 2015.
[3 July 2014]
5. Amendments to Sections 28 and 29 of this Law in relation to
the rights of associations and foundations to acquire land into
ownership, amendments to Section 29 of this Law in relation to
the maximum area of agricultural land to be acquired into
ownership, Section 28.1 of this Law regarding subjects
of transactions with agricultural land, Section 30.1
regarding the procedures for examining transactions with
agricultural land, Section 30.2 regarding pre-emptive
rights to agricultural land, Section 30.3 regarding
exceptions in transactions with agricultural land and Section 36
regarding lease of agricultural land shall come into force from 1
November 2014.
[3 July 2014]
6. The Cabinet shall issue the regulations referred to in
Section 38, Paragraph three of this Law by 1 March 2015.
[3 July 2014]
7. The Cabinet shall determine the manager of the Land Fund of
Latvia by 30 December 2014 in conformity with Section 38,
Paragraph one of this Law.
[3 July 2014]
8. The manager of the Land Fund of Latvia shall commence its
operation not later than by 1 July 2015.
[3 July 2014]
9. Section 36.1 of this Law shall come into force
on 1 January 2018.
[18 May 2017]
10. The deed of land acquisition transaction which has been
concluded until 31 October 2014 and has not been registered with
the Land Register until 30 June 2017 shall be registered in the
local government committee until 31 December 2017. The deed of
transaction is valid for entry into the Land Register if a
statement of the local government committee that the transaction
has been registered in the local government until 31 December
2017 has been appended thereto.
[18 May 2017]
11. Starting from 1 January 2018, a deed of land acquisition
transaction which has been concluded until 31 October 2014 and
has not been registered with the Land Register until 30 June 2017
or in the local government committee until 31 December 2017 shall
be valid for entry into the Land Register if the decision of the
local government committee to agree to the acquisition of
agricultural land into ownership has been appended thereto. The
local government committee shall take the decision to agree to
the acquisition of agricultural land into ownership in accordance
with the procedures provided for in Section 30.1of
this Law.
[18 May 2017]
12. Chapter VIII of this Law shall come into force
concurrently with the Law on Administrative Liability.
[7 November 2019]
Chairperson of the Supreme Council of the
Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council of the
Republic of Latvia I. Daudišs
Rīga, 9 July 1992
Translation © 2021 Valsts valodas centrs (State
Language Centre)