of June 9, 2017 No. 105
About declaration of public usefulness of works of national value on gas pipeline construction in the Ungen-Chisinau direction and implementation of measures for use, operation and content of the gas pipeline of Yassy-Ungen-Chisinau
(In edition of the Laws of the Republic of Moldova of 29.03.2018 No. 56, 26.07.2018 No. 183)
The parliament adopts this organic law.
Art. 1. - Proclaim public usefulness of works of national value on gas pipeline construction in the Ungen-Chisinau direction (The second stage of project implementation "The gas pipeline on connection of gas-transport system of Romania with gas-transport system of the Republic of Moldova").
a) the real estate (parcels of land) which is in private property and property of administrative and territorial units located in borders of land ownership and/or in the territory of the following settlements: city of Chisinau, communes Tokhatin, Steuchen, Gretiyesht and village of Gidigich (municipium of Chisinau); villages Sirets, Roshkan, Negresht, Kepriyan, Vornichen, communes Reden, Geleuz, Peneshesht and city of Bukovets (area Streshen); Tuzar's communes, villages of Pitushka, Nishkan, Temeleuts, Petichen, Velchinets, Sadova and city of Kelerash (area Kelerash); villages Milesht (area Nisporen); communes Alekseyevka, Pyrlits, Todiresht, Zagarancha and the village of Redeny Vek (area Ungen), necessary for construction of 1 gas pipeline specified in Article, including infrastructure of that;
Art. 2-1. - The property right on specified in Item and) articles 2 the real estate (parcels of land) which is constantly used for land works on gas pipeline construction on the Ungen-Chisinau direction is subject to expropriation, and right to use, stipulated in Item b) Articles 2, is subject to temporary expropriation for construction of the specified gas pipeline.
Art. 2-2. - In departure from part provisions (2) Article 78 of the Natural Gas Act No. 108/2016 the procedure of expropriation provided by this law is initiated without preliminary accomplishment of the conditions provided by part (2) article 78 of the specified law.
Art. 3. - The government on behalf of the state takes the responsibility for acceptance of necessary measures for expropriation of real estate (parcels of land) and right to use by the real estate (parcels of land) used in works on construction of 1 gas pipeline specified in Article, located on the venue of socially useful works of national value according to the project documentation developed according to the current legislation. Payment of compensation for the expropriated property right to real estate (parcels of land) is made by the Government by the financial means allocated from the government budget. Compensation payment to ekspropriata is provided with the central industry body of public management in the field of power through public organization "The Consolidated Division on Implementation and Monitoring of Projects in the field of Power". Payment of compensation for temporary expropriation of right to use is made by the Government by financial means of the State company "Vestmoldtransgaz" or successor of its rights and obligations. Compensation payment to ekspropriata is provided with the central industry body of public management in the field of power through public organization "The Consolidated Division on Implementation and Monitoring of Projects in the field of Power".
Art. 4. - From the date of entry into force of this law the prohibition on alienation of subject of expropriation of real estate (parcels of land), stipulated in Item and) Articles 2, and/or on transfer of right to use, stipulated in Item b) Articles 2, except for of transfer of the respective real estate (parcels of land) to property or use of the state is established. The government shall provide entering into the Real estate register of record about prohibition on alienation of objects of expropriation.
Art. 5. - In departure from Item d provisions) parts (1) article 3 of the Law on permission of accomplishment of construction works No. 163/2010 to the Ministry of Regional Development and Construction to issue the town-planning certificate for designing of works on gas pipeline construction in the Ungen-Chisinau direction without the notarized consent of joint owners of real estate (parcels of land) whose interests can be directly infringed in process of construction. In departure from provisions of the Law on expropriation for the socially useful purposes No. 488/1999, except for of Articles 11, of 12, 14 and 15, for works of national value on gas pipeline construction on the Ungen-Chisinau direction the special procedure of expropriation according to appendix to this law is created.
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