Law No. 268 regarding the privatization of companies that manage public and private state-owned land for agricultural purposes and the establishment of the State Domains Agency.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law regulates: (a) the legal framework regarding the privatization of agricultural commercial companies that own arable agricultural land; (b) the legal status of the State Domains Agency; and (c) the administration of commercial companies and the regime of concession or lease of public and private property of the state, under their exploitation. The provisions of this Law also apply to companies resulting from the division or merger of companies that own agricultural land in exploitation and to national companies in which the Romanian state, through the State Domains Agency, is the sole or majority shareholder, as well as to institutes and establishments of agricultural research and production, agricultural and forestry education units where the State Domains Agency manages agricultural land. Agricultural land means: productive agricultural land - arable land, vineyards, orchards, wine nurseries, fruit trees, hop and mulberry plantations, pastures, hayfields, greenhouses, solariums, nurseries and the like -, those with forest vegetation , if they are not part of forestry facilities, wooded pastures, those occupied with constructions and zootechnical installations, fisheries facilities and land improvements, technological roads and agricultural exploitation areas, platforms and storage spaces that serve the needs of agricultural production and non-productive land that can be arranged and used for agricultural production. The provisions of this Law regulate the legal regime of agricultural land, public or private property of the state, under the administration of the State Domains Agency. The State Domains Agency, a public institution with legal personality, fully financed from the state budget, subordinate to the Ministry of Agriculture and Rural Development, has the following attributions: (a) exercising on behalf of the state the prerogatives of the right of ownership over agricultural land belonging to the private domain of the state; (b) the efficient management and exploitation of the state patrimony, of which it is the authorized owner, as well as the privatization of the commercial companies; (c) administration of agricultural land belonging to the public and private domain of the state, operated by national companies, agricultural research and production institutes and stations, and agricultural and forestry education units; (d) the concession or lease of agricultural land, free of contract, with a maximum area of 50 ha, belonging to the public and private domain of the state, under the administration of the State Domains Agency, by direct assignment, to young people up to 40 years old, graduates of professional education, with a view to establishing farms; (e) concession or lease of agricultural land belonging to the public or private domain of the state, operated by national companies, institutes and stations for agricultural research and production and agricultural and forestry education units; (f) concession, lease or rental of assets under the administration of the State Domains Agency; (g) the purchase or exchange of agricultural land, with a view to their concession or lease, for the realization of optimal agricultural holdings; the exchange of agricultural land is allowed only within the same county; (h) the concession, by auction, of agricultural land with quality classes IV and V, of degraded/unproductive land, of land with the use category of courtyards-constructions, including canals, located in the public and private domain of the Romanian state and under the administration of the Agency State Domains, for the purpose of producing electricity from renewable sources; and (i) granting the surface right on agricultural land with quality classes IV and V, on degraded/non-productive land, on land with the use category of courtyards-constructions, including canals, located in the public domain of the Romanian state, if it does not affect the use and national public interest, and in the private domain of the Romanian state to legal entities under public law and to local and central public administration authorities, for the purpose of producing electricity from renewable sources in order to implement infrastructure projects with financing from non-reimbursable external funds. The surface right is established for a fee, on the basis of a convention, under financial conditions approved by the Privatization, Concession and Leasing Committee at the proposal of the State Domains Agency.
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Repealed
No
Source language
English
Legislation Amendment
No
Original title
LEGE nr. 268 din 28 mai 2001 privind privatizarea societăților ce dețin în administrare terenuri proprietate publică și privată a statului cu destinație agricolă și înființarea Agenției Domeniilor Statului**).