LAW OF THE REPUBLIC OF MOLDOVA

of July 8, 1999 No. 488-XIV

About expropriation for the socially useful purposes

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Concept of expropriation

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.

Article 2. Object of expropriation

(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.

Article 3. Expropriated

The owner or the owner of other real rights to object of expropriation is expropriated for the purpose of this law.

Article 4. Expropriator

(1) for the purposes of this law expropriator concerning works of national value is the state on behalf of the authorized bodies or persons who are specially designated according to the law.

(2) for the purposes of this law expropriator concerning works of local value is the administrative and territorial unit on behalf of local council as the competent authority proclaiming public usefulness according to Article 6. If concerning declaration of public usefulness according to Items c) and d) parts (1) Article 6 there were disagreements as a result of which public usefulness is proclaimed the Government or regional council, expropriator is the administrative and territorial unit in which administrative territory there is object of expropriation. In all cases of declaration of public usefulness of works of local value the administrative and territorial unit in the course of expropriation is represented by local council as authorized body of local public authority of the first or, on circumstances, the second level, having rights of property management of administrative and territorial unit, or person who is specially designated according to the law.

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