of July 8, 1999 No. 488-XIV
About expropriation for the socially useful purposes
The parliament adopts this organic law.
In this law expropriation is understood as cession of property and property rights from private property in public, transfer to the state of the property which is in public property of administrative and territorial unit or concession to the state or administrative and territorial unit of property rights for the purpose of production of socially useful works of national or local value according to the law after fair and preliminary compensation of damage.
(1) can be Object of expropriation of national value:
a) real estate which treat: or leads the parcels of land, subsoil, water basins, the woods, buildings, constructions and other objects connected with the earth which movement is impossible to causing irreplaceable damage to their appointment;
b) the rights to use of real estate for up to 5 years if the parties did not agree about other term;
c) the property and personal non-property rights which are directly connected with the invention which can promote considerably protection of interests of defense and safety of the country;
d) the cultural and art and historical values having exclusive value for national feelings of the people and also the documents certifying statehood of the country;
e) the property right to representatives of flora and fauna for which the natural space of the Republic of Moldova is natural environment of development and reproduction and which are on the verge of total disappearance on terrestrial space if there is real threat of disappearance of separate type and loss of possibility of its reproduction.
(2) the real estate and property rights on it provided by Items can be Object of expropriation of local value and) and b) parts (1).
(3) in case of emergency, obsidional or warlike situation of expropriation the personal estate provided by the organic law can be subjected.
(4) If for the socially useful purposes it is necessary to expropriate part of construction, and his owner petitions by filing of application in degree of jurisdiction for its expropriation entirely, the degree of jurisdiction determines possibility of partial expropriation. If that is impossible, expropriation of construction entirely is performed. On the same conditions also the parcels of land are expropriated.
The owner or the owner of other real rights to object of expropriation is expropriated for the purpose of this law.
Expropriator for the purpose of this law concerning works of national value and works of local value is the state on behalf of the authorized bodies or persons which are specially determined by the law.
(1) are considered Socially useful:
a) geological investigation and researches;
b) production and conversion of minerals;
c) the constructions intended for production of electricity;
f) the constructions intended for environmental protection;
g) dams for regulation of water level in the rivers and water storage basins, and also for flood reduction;
h) hydrometeorological, seismic stations and systems of the prevention and prevention of natural hazards and notification of the population;
i) works on prevention of deep erosion of soils; systems of irrigation and drainage;
j) the parcels of land under construction of housing entering into the state fund, the organizations of education, health care, culture, sport, social protection and providing and other social facilities which are public property and also buildings for placement of public administration, degrees of jurisdiction, embassies, consulates, representations of foreign countries and the international organizations;
k) the parcels of land for the organization of public parks, cemeteries, and also for accumulating and waste disposal;
l) reconstruction of the cities, living and industrial zones, the existing architectural complexes according to the town-planning plans of the settlement approved according to the law local council;
m) rescuing, protection and recovery of monuments, historical complexes and areas, national parks, natural reserves and nature sanctuaries;
n) prevention of natural disasters: earthquakes, floodings, landslides, collapses and other natural hazards;
p) rescuing and protection of the cultural and art and historical values having exclusive value for national feelings of the people, and also documents certifying statehood of the country;
q) rescuing, protection and ensuring reproduction of types of plants, the animal and other representatives of wildlife who are on the verge of disappearance.
(4) Socially useful works of local value are works which implementation answers the purpose and interests of the settlement or group of settlements as a part of administrative and territorial unit.
(1) Public usefulness is proclaimed:
b) concerning works of local value of administrative and territorial unit - its local council;
c) concerning works of general meaning for several areas and/or municipiums - their councils, and in case of disagreements - the Government;
d) concerning works of general meaning for several cities and/or sat down on the territories of one area - councils of the respective cities and villages, and in case of disagreements - district council.
(2) the Initiative of declaration of public usefulness belongs to bodies of the public power and is implemented by submission of relevant proposals to competent authorities in the procedure established by the legislation.
(1) Declaration of public usefulness is performed only after the preliminary research and only if there are all legal conditions for expropriation.
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