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Wednesday, 13 August 2014 08:56

Expropriation ofland, including rural land to foreigners (EU citizens and others)

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1.     Transactions with rural land

In accordance with the Article 28paragraph one of the Law „On Land Privatisation in Rural Areas” land may be acquiredin ownership by:

1)    persons who are citizens of the Republic of Latvia;;

2)    State and local governments, State and local government undertakings (incorporated companies);

3)    An incorporated company registered in the Register of Enterprisesin the Republic of Latvia:

a)     more than half of the fixed capital of which belongs to the citizens of the Republic of Latvia, the State or local governments, to each individually or to several such subjects jointly;

b)    more than half of the fixed capital of which belongs to natural or legal persons from states, with which the Republic of Latvia has entered into international contracts regarding the promotion and protection of investments, which the Saeima had approved untill 31.12.1996. The referred to shall also be applicable to natural or legal persons from states, with which international contracts have been entered into after 31.12.1996, if such agreements provide for the rights of natural or legal persons registered in theRepublic of Latvia to purchase land in the relevant state;

c)     more than a half of the fixed capital of which belongs to several subjects referred to in Sub-clauses  „a” and „b” jointly;

d)    which is a public stock company if the shares thereof are quoted in the stock exchange;

4)    Religious organisations registered in Latvia, the term of activity of which, counting from the moment of registration in the Republic of Latvia, is at least three years;

5)    Farms and individual undertakings registered in the Register of Enterprises of the Republic of Latvia if they belong to the citizens of the Republic of Latvia;

6)    State and local government institutions of higher education, the provisions of which have been approved in accordance with the procedures specifiedby the Law.

Starting with 1st of May, 2014 , the citizens of the European Union Member States and legal persons registered in the European Union Member States  may acquire land in ownership under the same provisions as the subjects referred to in Article 28 paragraph one of the Law „On Land Privatisation in Rural Areas”.

So the citizens of the European Union Member States may acquire land in ownership transaction pathjust as the Latvian citizens - without any specific restrictions.

The persons, who are not the subjects of the transactions according to Article 28paragraph one of the Law „On Land Privatisation in Rural Areas”, in accordance with the Article 29 paragraph two of the Law „On Land Privatisation in Rural Areas” 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 sections, in which a group of constructions is intended in conformity with the territorial planning of local government;

5)   agricultural and forest land in conformity with the territorial planning of local government;

6)   land in the mineral deposits of national significance.

 

2.     Transactions with urban land

Article 20Paragraph one of the Law „On Land Reform in the Cities of the Republic of Latvia” determines that land may be acquired in ownership in accordance with the Civil Law and other Laws by:

1)    persons who are citizens citizens of the Republic of Latvia and citizens of other European Union Member States;

2)    State and local governments, State and local government undertakings (incorporated companies);

3)    An incorporated company registered in the Register of Enterprisesin the Republic of Latvia or other European Union Member State:

a)     more than half of the fixed capital of which belongs to the citizens of the Republic of Latvia, citizens of other European Union Member States, the State or local governments, to each individually or to several such subjects jointly;

b)    more than half of the fixed capital of which belongs to natural or legal persons from states,  with which the Republic of Latvia has entered into international contracts regarding the promotion and protection of investments,  which the Saeima had approved untill 31.12.1996. The referred to shall also be applicable to natural or legal persons from states, with which international contracts have been entered into after 31.12.1996, if such agreements provide for the rights to of natural or legal persons registered in theRepublic of Latvia to purchase land in the relevant state;

c)     more than a half of the fixed capital of which belongs to several subjects referred to in Sub-clauses„a” and „b” jointly;

d)    which is a public stock company if the shares thereof are quoted in the stock exchange;

4)    Religious organisations registered in Latvia untill 21.07.1940;

5)    State and local government institutions of higher education.

Article 21 of the Law „On Land Reform in the Republic Cities” provides that other physical and legal persons who are not referred to in Article 20Paragraph one of the Law „On Land Reform in the Republic Cities” cannot acquire in ownership:

1)   land in the border zone of the State;

2)   land in the protection zone of coastal dunes of the Baltic Sea and the Gulf of Riga and land in the other protection zones of public reservoirs and water courses, except sections,  in which a group of constructions is intended in conformity with  the master planof local government;

3)   agricultural and forest land in conformity with the territorial planning of the local government of the city.

If the customer has restrictions to acquire land in ownership in accordance with the Law „On Land Privatisation in Rural Areas” and Law „On Land Reform in the Republic Cities”, the customer should apply an application with the objective of further use of such land to the Council of the Republic city or municipality of the territory of which the relevant land is located, adding to the application a copy of the purchase contract.

The Council of Republic city or county (or the Chairman of the City Council, where the land is located in a city) shall examine an application. If complied with requirements mentioned in the Law „On Land Privatisation in Rural Areas” and Law „On Land Reform in the Republic Cities”, subject to the limits mentioned in Article 29 of the Law „On Land Privatisation in Rural Areas” and Article 21 of the Law „On Land Reform in the Republic Cities”, 20 days of consent is given for acquisition of land in ownership.

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