Law on agricultural land.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law regulates basic issues regarding the agricultural land, which as a good of general interest, enjoys special protection and it shall be used under conditions and in a manner here prescribed. Agricultural land is considered: arable land, gardens, orchards, vineyards, meadows, pastures, reeds, ponds and swamps, as well as other land which, according to its natural and economic conditions, can be used for the purposes of agricultural production. The use of agricultural land means: basic and additional land cultivation, field production, cultivation and improvement of orchards, vineyards, meadows and pastures, as well as others works for rational use of agricultural land in order to increase agricultural production. Land consolidation and mutual replacement of agricultural land parcels are also regulated by this Law. Agricultural land is used for agricultural production, and it may be used for non-agricultural purposes only in cases established by this text.
The Law is divided into eight main Chapters and a total of 88 articles. Titles of Chapters are as follows: I - General provisions; II - Use of agricultural land; III - Use of agricultural land for non-agricultural purposes; IV - Arrangement of agricultural land; V - Protection of agricultural land; VI - Supervision; VII - Penal provisions; VIII - Transitional and final provisions.
Legal and natural persons who use agricultural land are obliged to use this land regularly and rationally in a way that best suits its natural soil characteristics and existing economic and agro-technical conditions. When using agricultural land, land users are obliged to take measures to improve its physical, chemical and biological properties, prevent the reduction of agricultural land, as well as to adhere to the measures for the protection and preservation of the human environment established by special regulations. Agricultural land can be leased; the contract on the lease of agricultural land must be certified by the competent municipal authorities. Leased land cannot be subleased (article 11). Utilization of pastures is regulated in articles 14-18. In order to protect agricultural land from the harmful effects of erosion and torrents, dangerous and harmful pollution materials and protection from field damage, measures shall be taken under the conditions and in the manner determined in articles 62-74. Inspection control over the application of these rules and regulations adopted on the basis thereof shall be performed by inspectors of the Montenegrin Ministry of agriculture, forestry and water management and Ministry of spatial planning. The agricultural land consolidation mass also includes individual plots, i.e. parts of forest plots, forest and other land, which is located as an enclave or semi-enclave in agricultural land. By the decision on approving the consolidation and determining the consolidation area, certain lands can be excluded from the consolidation mass. In the case of a dispute over the right of ownership, i.e. about other real rights or the right to use real estate, either that the dispute exists or arise during the consolidation procedure, the consolidation commission will instruct the party to initiate proceedings before the competent court within a certain period of time (articles 37 and 38).
The Law is divided into eight main Chapters and a total of 88 articles. Titles of Chapters are as follows: I - General provisions; II - Use of agricultural land; III - Use of agricultural land for non-agricultural purposes; IV - Arrangement of agricultural land; V - Protection of agricultural land; VI - Supervision; VII - Penal provisions; VIII - Transitional and final provisions.
Legal and natural persons who use agricultural land are obliged to use this land regularly and rationally in a way that best suits its natural soil characteristics and existing economic and agro-technical conditions. When using agricultural land, land users are obliged to take measures to improve its physical, chemical and biological properties, prevent the reduction of agricultural land, as well as to adhere to the measures for the protection and preservation of the human environment established by special regulations. Agricultural land can be leased; the contract on the lease of agricultural land must be certified by the competent municipal authorities. Leased land cannot be subleased (article 11). Utilization of pastures is regulated in articles 14-18. In order to protect agricultural land from the harmful effects of erosion and torrents, dangerous and harmful pollution materials and protection from field damage, measures shall be taken under the conditions and in the manner determined in articles 62-74. Inspection control over the application of these rules and regulations adopted on the basis thereof shall be performed by inspectors of the Montenegrin Ministry of agriculture, forestry and water management and Ministry of spatial planning. The agricultural land consolidation mass also includes individual plots, i.e. parts of forest plots, forest and other land, which is located as an enclave or semi-enclave in agricultural land. By the decision on approving the consolidation and determining the consolidation area, certain lands can be excluded from the consolidation mass. In the case of a dispute over the right of ownership, i.e. about other real rights or the right to use real estate, either that the dispute exists or arise during the consolidation procedure, the consolidation commission will instruct the party to initiate proceedings before the competent court within a certain period of time (articles 37 and 38).
Attached files
Web site
Entry into force notes
This text entered into force eight days after its publication the Official Gazette.
Notes
Consolidated version
Repealed
No
Publication reference
Official Gazette 15/1992-31/2011
Source language
English
Legislation Amendment
No
Original title
Zakon o poljoprivrednom zemljištu.