LAW OF THE REPUBLIC OF MOLDOVA

of April 5, 2007 No. 91-XVI

About the lands which are in public property, and their differentiation

The parliament adopts this organic law.

This law regulates differentiation of the lands which are in public property of the state, and the lands which are in public property of administrative and territorial units.

Chapter I. General provisions

Article 1. Concept of the lands which are in public property

(1) the Lands which are in public property are the lands belonging on the property right to the state or administrative and territorial units, right of possession, uses and orders which enters competence of the Government or bodies of local public authority.

(2) the Public land ownership can be:

a) national value - in this legal regime the property belongs to the state (public property of the state);

b) local value - in this legal regime the property belongs to the village (commune), the city (municipium), the area, autonomous territorial education Gagauzia (public property of administrative and territorial units).

(3) Earth, determined by the law, and also lands which by the nature are intended for public use or are of public interest, treat the public sphere of the state, the area, autonomous territorial education Gagauzia, the city (municipium), the village (commune) as the lands having national or local value.

(4) Earth, the states which are in property or administrative and territorial units and not belonging to the public sphere, are lands of the private sphere of the state or administrative and territorial units.

Article 2. Legal status of lands of the public sphere

(1) Earth of the public sphere are inaliennable, on them collection cannot be turned and the term of limitation period is not applied to them, namely:

a) they cannot be aloof, and can only be provided in management, concession, lease or in property employment according to the law;

b) measures of forced execution cannot be applied to them and property guarantees cannot be created;

c) they cannot be acquired by the third parties owing to acquisitive prescription.

(2) the Bargains concluded with violation of provisions of part (1), are considered as invalid.

(3) Earth of the public sphere can be transferred to lands of the private sphere only according to the law.

(4) the mode of common law extends To the property right to lands of the private sphere of the state or administrative and territorial unit if the law does not provide other.

(5) Earth of the public sphere can be provided, if necessary, in management to the ministries, other central bodies of public management and bodies of local public authority, public organizations, the state or municipal companies. Provision of lands in management is performed, on circumstances, according to the order of the Government, the decision of regional council, People's assembly of autonomous territorial education Gagauzia, city (municipal), village (municipal) council.

(6) Provision in concession, lease or property employment of lands of the public sphere is performed, on circumstances, according to the order of the Government, the decision of the relevant council of body of local public authority of the first or second level.

(7) Provision in concession, lease or property employment of lands is performed by public auction. Direct contracts can be signed only with owners of the structures which are legally placed on the parcel of land before entry into force of this law. The agreement of property hiring shall contain the compulsory provisions providing operation of the land area according to its features.

(8) the State or administrative and territorial unit can provide lands, according to the legislation, in use to the legal entities who are not pursuing the profit earning aims, performing charitable or socially useful activities.

Article 3. Differentiation of the lands which are in public property

(1) Differentiation of the lands which are in public property on the lands which are in public property of the state and the lands which are in public property of administrative and territorial units including differentiation of lands of public and private spheres, is performed on purpose:

a) protection and effective use of the lands which are in public property of the state for the benefit of owners of lands and the Republic of Moldova;

b) protection and effective use of the lands which are in public property of administrative and territorial units for the benefit of owners of lands and administrative and territorial units.

(2) Differentiation of the lands which are in public property is performed by identification and forming of the lands which are in public property of the state, and the lands which are in public property of administrative and territorial units, according to the procedure, established by the legislation.

(3) If the lands which are in public property of the state border on the lands bought by administrative and territorial unit in public property, representatives of the state and representatives of the corresponding administrative and territorial unit approve borders of these lands. If agents of the parties do not find the mutually acceptable solution, disputes are considered by degree of jurisdiction.

(3-1) If the lands which are in public property of administrative and territorial unit of the first level border on the lands bought by administrative and territorial unit of the second level in public property, representatives of these administrative and territorial units approve borders of these lands. If agents of the parties do not find the mutually acceptable solution, disputes are considered by degree of jurisdiction.

(4) Performance of works on differentiation of the lands which are in public property of the state, and the lands which are in public property of administrative and territorial units including the lands relating to the public or private sphere, works on identification of these lands, and also on creation of the geometrical plan is provided with the Agency of land relations and inventory together with competent authorities of the central public management and bodies of local public authority through the state companies which founder is the Agency of land relations and inventory.

(4-1) Works on differentiation of the lands which are in public property include the following stages:

a) creation by the ministries, other central administrative authorities and bodies of the local public authority of the list of the real estate which is relating to public property, being in their property, the order and submission of this list to the Agency of land relations and inventory for systematization and creation of the database;

b) identification and forming of the real estate relating to public property, included in the list, creation of the minutes of the working commission about differentiation of the real estate relating to public property, project development of geometrical plans and their coordination with interested persons and bodies. The draft of the geometrical plan is developed on the basis of the existing cartographic materials in general borders.

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