Official translation
REPUBLIC OF LITHUANIA
LAW ON LAND
26 April 1994 No. I-446
Vilnius
(As last amended by 15 October 2002 No IX-1136)
General Provisions
This Law shall establish the relations of ownership, management and use of land in the Republic of Lithuania.
Relations pertaining to land shall be regulated in such a manner as to create conditions for the satisfaction of the needs of the population, rational territorial distribution and development of all branches of economy, protection and improvement of the natural environment, rational land use, protection of the rights of ownership, management and use of land.
Article 2. Definitions
For the purposes of this Law:
Land means the basic part of the natural environment, comprising areas of dry land, water and forest, located within the territory of the Republic of Lithuania and characterised by natural and economic properties. In human activity, land is real property, the basic instrument in agriculture and forestry, and the territorial basis for the development of other branches of economy and for the distribution of the elements of residential areas and the system of infrastructure. The subject of regulation in the relations pertaining to land is the entire territory of the Republic of Lithuania, including the layers of the surface of the earth and air space as well as internal and territorial waters required for the rational use of land.
Land plot means a portion of a territory, having fixed boundaries and the principal specific purpose for which the land is used;
Area of used land means a plot of land or two or more plots of land connected by joint economic activities the use whereof by a natural or legal person has been put on a legal basis in accordance with the established procedure;
Holding means a plot of land or an area of used land held by the right of private or state ownership;
Lands means areas of land differing from other areas by their characteristic natural properties or character of economic use;
Farmland means lands (arable land, orchards, meadows, pastures) used or suitable for growing agricultural products without applying additional land-improvement measures;
Land user means owner of no leased privately-owned land or a natural or legal person to whom, according to the established procedure, state-owned land has been leased or allotted for use, or private land has been leased;
Easements means the obligations of the owner of land or the user of state-owned land to permit, according to the procedure established by law, other persons to have a restricted use of a portion of a land plot;
Data of the Land Information System means the entirety of information about the qualitative and quantitative properties of lands and their legal status.
State land-use planning means the entirety of measures designed for state management of the stock of land of the Republic of Lithuania and for the regulation of relations pertaining to land which guarantee: 1) legal and organisational conditions for the use of land and economic and infrastructure units pertaining to it as well as other natural resources for the purposes of public benefit and general welfare of the nation; and 2) protection of land ownership and rights of land use by the State and its citizens;
Taking of land for public needs means the buying out of land from the owners of land, in accordance with the procedure established by law, or the termination of the right to use state-owned land and rescission of the contract for the lease of state-owned land after the Government of the Republic of Lithuania or county governors establish that the land is required for public needs;
Agricultural holding means an enterprise predominantly engaged in production of agricultural products for sale and providing services to agriculture and which uses agricultural land for the above activities;
Farmer means a person engaged in producing agricultural products for sale who use farming land for the above activities.
State Land Cadastre means a part of Lithuania's State Cadastre of Immovable Property laying down the rules and ways of planning of land plots, comprising the entire data concerning the amount of land, its composition, value, and the condition of its economic use.
Article 3. Ownership of Land
Ownership of land shall be the owner's right to hold, use and dispose of the land belonging to him. When exercising his rights the owner of land must not violate the Constitution and laws of the Republic of Lithuania or rights and freedoms of other persons.
All land in the Republic of Lithuania belongs by the right of ownership only to the citizens of the Republic of Lithuania and the State.
Nationals and aliens are allowed to acquire into their ownership non-agricultural land plots necessary for the construction and maintenance of buildings and facilities necessary for the conduct of their direct activities under the constitutional law (hereinafter - the constitutional law) provided for in paragraph 2 of Article 47 of the Constitution of the Republic of Lithuania on the entities which acquire land plots into their ownership, the procedure, conditions and restrictions thereof.
According to the procedure and under the conditions established by law, foreign states may possess land by the right of ownership for the purpose of establishing their respective diplomatic and consular institutions.
In the cases provided in this Law, land may belong to several citizens or the citizens and the State by the right of joint ownership.
Article 4. The State's Right of Exclusive Ownership
The Republic of Lithuania shall own by the right of exclusive ownership the land which has been allotted, according to the established procedure, by the Government of the Republic of Lithuania to:
4) State historical, archaeological and cultural objects. The list of such objects shall be approved by the Seimas of the Republic of Lithuania;
6) the continental shelf of the territorial sea.
The land owned by the Republic of Lithuania by the right of exclusive ownership may not be acquired in private ownership. The conditions of its use shall be established by laws and implementing legislation.
Article 5. Stock of Land of the Republic of Lithuania
All the land within the territory of the Republic of Lithuania constitutes the stock of land of the Republic of Lithuania.
The stock of land of the Republic of Lithuania shall be used taking into account public interests and environmental requirements, and in compliance with:
1) laws and special conditions of land and forest use established by the Government of the Republic of Lithuania; and
2) the principal specific purpose of land use, business restrictions, easements and territorial management requirements established in the land use planning schemes prepared according to the procedure set by the Government of the Republic of Lithuania and other documents of territorial planning.
According to the principal specific purpose of land use, the stock of land of the Republic of Lithuania shall consist of:
4) land designated for other purposes.
State land which has not been allotted for use or leased shall constitute the stock of the unoccupied state land.
Land under non-privatised waters shall constitute the land of the state stock of waters.
Article 6. Right of Possession of State-owned Land
The right of possession of State-owned land, in accordance with laws and by decisions of the Government of the Republic of Lithuania, shall be vested in State institutions, local authorities, forestry enterprises, and the administration of national and regional parks. State institutions, forest enterprises, and the administration of national and regional parks shall have the right, without exceeding their powers, to use land, make proposals to the county governor about leasing land to other natural and legal persons.
Other State-owned land within the territory of a county, not given into possession of the entities referred to in paragraph one, shall be in possession of the county governor.
Land plots shall be given in trust to the local authorities for the following needs:
6) commercial-economic activities.
Land plots shall be conveyed to local authorities in accordance with the general territorial plans within six months from the date of filing a request by a local authority with the Government.
Article 7. Rights of the Owners of Land
The owner of land shall have the right:
1) in accordance with the procedure established by law, to sell, devise, donate as a gift, mortgage, exchange or lease the land or its part, or to grant permission to other natural and legal persons to temporarily use the land;
2) to engage in and permit other persons to engage on the land plot in the business not prohibited under law;
4) upon obtaining an authorisation according to the procedure established by law and the Government of the Republic of Lithuania, to change the principal specific purpose of land use;
5) to request that the conditions and restrictions established for the use of land, territorial management of land or business as well as easements be annulled or changed;
6) to appeal to court or the state land use control institution concerning the violation of land ownership rights and award of damages for losses caused to his business or property through the above violation;
7) to use the territory of the private land plot for business and other activities without violating the established principal specific purpose of land use, special conditions of land and forest use, business restrictions and easements: to construct buildings and facilities, to carry out land reclamation works, build roads, plant trees, shrubs and forest, to build ponds and infrastructure facilities, and to lay communications;
8) to use for the needs of the farm (not for sale) the useful properties of the underground, groundwater and surface water, mineral resources (with the exception of amber, oil, natural gas and quartz sand, the procedure of use, sale and lease whereof is established by other laws and statutory acts) in compliance with laws as well as the exploitation and conservation requirements prescribed for the above useful properties by the Government of the Republic of Lithuania; and
9) to dispose of the produce grown on his land plot and use income received from the plot.
The above rights of land owners may be limited only according to the procedure established under law.
Article 8. The Rights of Land Users
Tenants of private and State-owned land as well as natural and legal persons who have been granted the right to use land by the Government of the Republic of Lithuania or institutions authorised by it, shall have the right:
1) to use the land plot territory for their business and other activities in compliance with the principal specific purpose of land use, special conditions of land and forest use, limitations on business, easements and conditions established in contracts for the lease of land or documents concerning the allotment for use of State-owned land;
2) to use for the needs of their farm (not for sale) the useful properties of the underground, groundwater and surface water, mineral resources (with the exception of amber, oil, natural gas and quartz sand), unless the contract for the lease of land or the documents concerning the allotment of State-owned land for use establish otherwise, in compliance with laws and with the requirements for their exploitation and conservation prescribed by the Government of the Republic of Lithuania; and
3) to dispose of the produce grown on their land plot and unrestrictedly use income received from the plot, unless the contract for the lease of land provides otherwise.
Article 9. Duties of Land Users
Land users must:
2) comply with the special conditions of land and forest use established for the land plot, with the conditions restricting construction works and other activities on the plot set out in the documents on territorial planning, easements as well as with other conditions of land use established laid down in the documents on allotting State-owned land for use or in the land lease contract;
3) use the land rationally and preserve agricultural and recreational land, forests, waters, mineral resources the exploitation of which has been permitted, other natural resources and landscape properties;
4) implement measures provided by laws and implementing legislation for the protection of land, forest and waters from pollution, the protection of soil of farming land from erosion and degradation, environmental protection in order to prevent the deterioration of the ecological situation;
5) comply with the requirements established for the use of land reclamation equipment, road maintenance and exploitation, forest management, protection, use and reforestation;
6) in the course of construction works and when exploiting mineral resources, comply with the requirements prescribed by laws and the Government of the Republic of Lithuania with the aim of ensuring the preservation of the fertile layer of soil and re-cultivating damaged lands;
7) during the conduct of economic and other activities on the land plots used by them, refrain from violating the interests of the neighbouring users and residents of land;
8) permit geological survey subject to the agreement of the parties on the duration of the survey, on plot boundaries, the time period for the completion of work and compensation of losses, refrain from destroying and damaging the laid up bore-holes and facilities used for the purposes of survey;
9) permit the erection of geodetic, geophysical marks in buildings, structures and on land, and their protection;
10) secure the right of the residents to have access to the surface water bodies by the protective shore zones.
Article 10. Special Conditions of Use of Land, Forest and Water Bodies
Special conditions for the use of land, forest and water bodies shall comprise general limitations, conditions and requirements for the use of land, forest and water bodies in certain territories.
Special conditions for the use of land and forest, in a specific plot, in accordance with the documents of territorial planning and for a specific water body shall be determined by the county governor; of the land plots the right of management whereof has been granted to local authorities - by the local government board; where the board has not been formed - by the mayor. The special conditions for the use of land, forest and water bodies for a specific land or forest plot or a water body shall apply from the moment of the registration of the plots and water bodies in the Register of Immovable Property.
Land plots shall be conveyed, leased and assigned for use in compliance with the established special conditions for the use of land, forest and water bodies.
Legal action shall be taken, in accordance with the procedure laid down in law, against land owners and users who do not comply with the established special conditions for the use of land, forest and water bodies and they must compensate property owners for the losses incurred by them as well as compensating to other persons, local authorities or the State for the damage inflicted.
Article 11. Easements
Easements which affect lands shall be prescribed:
2) by a decision of the Government of the Republic of Lithuania or the county governor taking into account public needs; or
3) on the mutual agreement between the owners of land and natural and legal persons, effected by concluding a written agreement. Agreements which establish the obligation of a private land owner to permit other persons to use a portion of land owned by him by ownership right shall be certified by a notary.
Easements other than those laid down in law, shall be recorded in the Register of Immovable Property.
Land owners and other users may be compensated for the losses incurred by them by reason of the prescribed easements other than the compensations to private land owners because of easements established pursuant to subparagraph 3, paragraph 3 of this Article, in the manner established by the Government of the Republic of Lithuania from the funds of the interested persons or state funds. For the losses incurred because of the easements established by a mutual agreement between the land owners and natural and legal persons, the private land owners may be compensated from the funds of the interested persons as agreed between the parties.
Easements established and registered according to the procedure specified in subparagraphs 1 and 2 of paragraph 1 hereof shall pass to other persons together with the transfer of the title to the land plot and its use.
Easements shall be abolished in the following manner:
2) by decisions of the Government of the Republic of Lithuania or county governor - if the easements were established by the decisions of the above institutions; or
3) by agreement between the parties or by a court decision if easements were established by mutual agreement between land owners or between natural and legal persons.
Article 12. Registration of Land Plots
Land plots and titles to them shall be registered with the Register of Immovable Property in accordance with to the procedure established by the Law on the Register of Immovable Property.
II. LAND CONTRACTS
Article 13. Contract Concerning Land
Contracts concerning land shall be actions of natural and legal persons whereby it is being sought to create, alter or abolish the rights of land ownership, land holding or land use together with the obligations pertaining thereto.
Legal norms of this Law, the Civil Code and other laws of the Republic of Lithuania shall apply to contracts concerning land. In the event of a conflict of laws, the norms of this Law shall apply.
Article 14. The Form of Contracts Concerning Land
Contracts concerning land shall be concluded in writing. Contracts concerning private land other than land lease and land use contracts must be certified by a notary. A plan of the land plot, the subject of immovable property, must be drawn up in accordance with the procedure determined by the Administrator of the Cadastre of Immovable Property.
All contracts concerning land shall be registered with the Register of Immovable Property within 3 months, in accordance with the procedure established by law.
Citizens who fail to register the acquired plot of land according to the established procedure shall have no right to dispose of it.
Article 15. Object and Types of Contracts Concerning Land The object of contracts concerning land shall be a plot of land registered in accordance with the established procedure with the State Land Cadastre or a portion of such plot of land held in joint ownership.
The following contracts may be concluded in respect of land in accordance with the procedure established by law:
1) sale of plots of state land into private ownership, gratuitous transfer thereof into private ownership, or exchange thereof for private land, lease, use, mortgage and agreements concerning easements; and
2) purchase and sale of private plots of land, or transfer thereof as a gift, or exchange, lease, use or mortgage thereof, or agreements concerning easements.
Article 16. Contents and Terms and Conditions of the Agreement on the Transfer of Land
The following must be specified in the agreements on the transfer of land:
1) parties to the agreement (names, surnames, the name of the legal person, addresses, and personal codes);
2) the object of the contract concerning land and the basic data from the Land Cadastre about the plot of land subject to transfer;
3) records testifying to the land owner's will to transfer the plot of land specified in the agreement;
6) servitudes, conditions of land use and other restrictions established for the plot of land subject to transfer.
The following conditions restricting the possession and disposal of the plot of land may be established in the contract of land transfer:
1) to retain the land for life (the land may not be transferred to a third person during the period of validity of the contract);
2) not to change the specific purpose of land use during the lifetime of the person transferring the land, but not longer than 10 years; or
3) not to transfer the land to a third person during the lifetime of the person transferring it, but not longer than 10 years, with the person who transfers the land being entitled to buy the land back within the period at the price fixed in the contract.
In the cases where the land owner transfers a part of the land plot, said part, prior to the conclusion of the contract of transfer, must be separated from the entire plot and registered as a separate plot of land with the State Land Cadastre. The land plot which is to be separated shall be formed in compliance with the requirements set forth in Article 18 of this Law.
Article 17. Right of Ownership of Private Land
The following land shall belong to citizens of the Republic of Lithuania:
1) land which has been recovered or received into ownership without payment pursuant to the Law on the Procedure and Conditions for the Restoration of Ownership Rights to the Existing Real Property of the Republic of Lithuania;
3) land which has been acquired from other citizens in accordance with the procedure established by law under the land transfer contracts, as well as land which has been inherited as a matter of law or by will.
The rights of the land owners shall be protected and defended by the State. Private land may be taken from its owners only in accordance with the procedure established in this and other laws when required for public needs (by providing a fair compensation for the land taken) and in the cases provided for in Article 33 of this Law.
Water bodies and forest, trees and shrubbery, perennial planting stock on the plot of land as well as the land-reclamation facilities belonging to the owner of private land by right of ownership shall pass to the citizens by ownership right together with the acquired land.
Article 18. Conditions of Transferring and Dividing Private Land
A plot of private land may be transferred to other citizens provided that the latter take over the special conditions of land use, business restrictions and easements established for the owner.
If the owner retains the title to buildings, facilities or any other real property on the transferred plots of land, rights of easement shall be established for his benefit on the transferred plots of land (to have right of access to facilities owned by ownership right, to supply electricity, water, to lay communications, etc.)
Private land shall be transferred on mutual agreement between the parties. When transferring private land to the ownership of the State, the State shall be represented by the county governor
Citizens shall have a priority right to purchase at the price fixed by the
seller the land which is under the buildings and facilities belonging to them by ownership right as well as the land required for servicing the above facilities.
When land held in private ownership in national and regional parks is being sold, the Sate shall have a priority right to purchase the land under the conditions and at the price agreed by the seller and the buyer.
When selling the land held in private ownership in towns, urban-type and rural settlements, the state shall have a priority right to purchase under same conditions and at the price agreed by the seller and the buyer, for the needs of municipal economy, the needs of the community, public construction and recreation, where this land has been intended, under the document of territorial planning for the above purposes.
Land may be acquired for economic-commercial activities by citizens who have a licence to engage in the activities registered in accordance with the procedure established by law.
The land of a bankrupt owner shall be sold and acquired in the manner established by law and at market price.
Plots of land designated for agricultural purposes as well as forest tracts may be divided or portions thereof may be separated for the purpose of transferring or leasing the land only subject to the co-ordination with the land survey plan or any other territorial planning document approved in the established manner.
A plot of private land may be parcelled into two or more plots intended for residential, public and economic-commercial construction, provided the construction has been stipulated in the documents of territorial planning and the prescribed size of the plot as well as the density and type of buildings is 2retained.
It shall not be permitted to parcel, sell in parts, lease, mortgage, give as a gift a plot of land held in private ownership in state reserves and state parks, with the exception of cases where the boundaries of the adjacent holdings of owners are changed.
Article 19. Inheriting Private Land
Private land shall be inherited by operation of law or by will in accordance with the procedure established in this Law and the Civil Code of the Republic of Lithuania.
An inherited plot of land must be registered with the institution managing the State Land Cadastre within 3 months from the day of issue of the certificate testifying to the right to inheritance. If a single plot of land is inherited by several persons, the plot shall be registered in the name of all the persons who have accepted the inheritance, specifying their respective shares in the joint property.
If land is inherited not by a citizen of the Republic of Lithuania but by other natural or legal persons of the Republic of Lithuania or foreign states, they shall acquire the right only to the sum of money received from the sale of the inherited plot of land. The plot of land shall be sold, at the heir's request, in accordance with the procedure established by the Government of the Republic of Lithuania either to the buyer - a citizen of the Republic of Lithuania named by him or by auction. The sum of money received from the sale of the land minus the sale or auction expenses shall be recorded in the issued certificate, testifying to the right of inheritance.
Article 20. Mortgage of Private Land
Private land shall be mortgaged in the manner established by law. When a portion of land is being mortgaged, it must be partitioned and registered as a separate plot of land with the State Register of Immovable Property.
III. STATE OWNERSHIP OF LAND
Article 21. Land in the Ownership of the State
The following land shall belong to the State of Lithuania: land specified in Article 4 of this Law, land donated as a gift to the State and land inherited by the State, as well as any other land which has been taken, bought out or in any other way acquired into the ownership of the State.
The land subject to restitution in accordance with the "Law on the Procedure and Conditions for the Restoration of Ownership Rights to the Existing Real Property" of the Republic of Lithuania may be leased, prior to its restitution in kind into private ownership, by the State, in the manner established in the Law of the Republic of Lithuania on the Lease of Land.
State-owned land may be used by natural and legal persons provided the said land has been allotted for use or leased by the institutions specified in Article 23 of this Law. The decisions of the above institutions to allot land for use or the agreements for the lease of state land shall be concluded taking into account the principal use to which the land is put as projected in the territorial planning documents, the area of the available land and the motivation submitted for the need of land and business activities.
Article 22. Allotment of State-Owned Land for Use; Leasing of State-Owned Land
State-owned land shall be transferred for use either for an indefinite or for a definite period to institutions and organisations financed from the State and municipal budget funds, to state-owned enterprises, traditional religious communities and associations, and other institutions, organisations or enterprises laid down by law, by concluding loan-for-use agreements. State-owned land shall be transferred for use in accordance with the procedure established by the Government of the Republic of Lithuania.
The procedure for allotting state-owned land for use for the facilities established by the Ministry of National Defence shall be established by laws and the Government of the Republic of Lithuania.
The procedure for leasing state-owned land shall be established by laws and the Government of the Republic of Lithuania.
Article 23. Institutions having the Right to Transfer for Use State-Owned Land
State-owned land shall be transferred for use by:
1) the municipal council - land plots transferred to municipalities to be held in trust under a trust agreement;
2) the county governor - other state-owned land plots located on the territory of the county.
The procedure of transfer of land for use shall be determined by the Government of the Republic of Lithuania.
Article 24. Conveyance of State-Owned Land
State-owned land other than plots of land set aside for privatisation shall be sold or conveyed into any other way by county governors in accordance with the procedure established by law and the Government of the Republic of Lithuania. The procedure of sale of state-owned land set aside for privatisation shall be determined by the Government of the Republic of Lithuania.
When concluding sale-purchase contracts, lease or any other contracts of conveyance of state-owned land provided for by law, the State shall be represented by the county governor or a representative of the county governor's administration authorised by him. When selling or conveying state-owned land plots set aside for privatisation, the State shall be represented by an institution authorised by the Government of the Republic of Lithuania.
IV. COMMON OWNERSHIP OF LAND
Article 25. The Concept and Types of Common Ownership of Land
A plot of land may belong by the right of joint ownership to two or more citizens of the Republic of Lithuania or to the State and one or several citizens.
Common ownership of a plot of land with distinct shares shall be called several ownership; common ownership where no distinct shares are established shall be called joint ownership.
A plot of land held by the right of common several ownership shall be registered with the State Land Register, listing the co-owners, the location of the common plot of land and the share and value of the plot belonging to each co-owner whereas a plot of land held by the right of joint ownership shall be registered by stating the , the co-owners, the location of the joint plot of land as well as its total area and value.
The right of common ownership shall be deemed to be several unless the law establishes otherwise.
Article 26. Acquisition and Holding of Land by the Right of Several Ownership when Co-owners are Citizens of the Republic of Lithuania
Land held by the right of several ownership, when the co-owners are two or several citizens, shall be acquired by the right of several ownership or the acquired land shall be joined and held in accordance with the procedure established in this Law and in the Civil Code of the Republic of Lithuania.
When purchasing land by the right of joint part ownership, the shares of the land of the co-owners shall be established by their mutual agreement and shall be recorded in the land purchase-sale contract specifying the size and value of their respective shares.
Subject to the agreement of the owners of plots of private land, two or more plots may be joined into one plot of land held by the right of several ownership. The plots of land shall be joined by concluding a written agreement which shall be certified by a notary and shall be registered within 3 months with State Land Register.
Article 27. Acquisition and Holding of Land by the Right of Several Ownership when the Co-owners are the State and One or Several Citizens
When co-owners are the State and one or several citizens, land shall be acquired and held by the right of several ownership in accordance with the procedure established by this Law and by the Civil Code of the Republic of Lithuania.
Several ownership of land by the State and citizens shall be created when citizens acquire from the State a part of the plot of land of a private home. When holding, using and disposing of said plot of land, an agreement between the State and other co-owners shall be required only in the cases specified in Article 29 of this Law, or when the plot of land held in common ownership is redistributed between the co-owners, or when swapping the land used by them and the conditions of use. In the above instances the State shall be represented by the county governor or a representative of the administration authorised by him.
Article 28. Holding of Land by the Right of Joint Ownership
Land acquired by the spouses into private ownership shall be held by the right of joint ownership. Property rights of the spouses shall be set out in the marriage and family legislation of the Republic of Lithuania.
Article 29. Termination of the Holding of Land by the Right of Several Ownership and Partitioning of Land from the Common Plot of Land
The co-owners of the plot of land held by the right of several ownership shall have the right, subject to mutual agreement, to terminate the holding of the land by the right of several ownership, and each co-owner shall be entitled to request the partitioning of his share.
A plot of land held by the right of several ownership may be divided between the part owners or the shares of the land area may be partitioned in kind to one or several co-owners in accordance with the requirements set out in Article 18 of this Law.
The division of the land plot held by the right of several ownership as well as the partitioning of the co-owner's share from the common plot of land shall be executed by a written agreement which shall be certified by a notary and registered within 3 months at the State Land Register. When partitioning a plot of land in kind, the plan of the partitioned plot of land must be attached to the agreement.
Disputes between the persons entitled to several ownership over the division or partitioning of the land plot shall be settled in court.
Article 30. Powers of the State in Regulating Relations Pertaining to Land
The Seimas of the Republic of Lithuania shall enact and revise laws on the regulation of relations pertaining to land.
The Government of the Republic of Lithuania shall:
1) issue and revise, in accordance with the procedure established by law, statutory acts on the regulation of ownership, holding, use of land and other issues involving regulation of relations pertaining to land;
2) draft and implement programmes for the use of land, optimisation of territories and land improvement;
3) lay before the Seimas of the Republic of Lithuania for its approval the master plan of the territory of the Republic of Lithuania, approve other documents of territorial planing laid down in the Law on Territorial Planning;
5) submit proposals to the Seimas of the Republic of Lithuania on general restrictions, conditions and requirements in respect of the land and forest use in specific territories;
6) make decisions pertaining to the taking and allotment of land and other issues related to the management of the land stock where these issues have not been assigned to the competence of the county governor ( and where land is allotted for use - also to the competence of the institutions of local authority);
The Ministry of Agriculture or an institution authorised by the Government of the Republic of Lithuania specifically for the management of the state stock of land shall:
1) direct the institutions and enterprises which carry out the work of the State Land Cadastre and state land-use planning;
2) prepare materials for the Government of the Republic of Lithuania required for making decisions on the issues relating to state land-use planning;
2) sell or otherwise transfer into private ownership state land other than land plots set aside for the privatisation of immovable property. ;
3) allot for use or lease state land other than the land transferred into possession of the institutions of local authorities;
5) resolve the issues concerning the taking of land for public needs where the area of land to be taken is not larger than 5 hectares in towns and 25 hectares in the country, and the changing of the principal use to which the land is put;
8) approve and implement schemes and plans of land-use planning and other documents of territorial planning, providing for changes in the boundaries of areas of used land and land holdings as well as changes of principal use to which the land is put and restrictions on the activities;
9) in accordance with the procedure established by the Government of the Republic of Lithuania, establish land servitudes and restrictions on the activities;
10) perform functions established by other laws concerning the regulation of the state administration of the stock of land and regulation of land use.
Within the territory of a municipality the institutions of local authorities shall:
1) approve the master plan for the development of the territory of the municipality and any changes in the plan, the general schemes of expansion and founding of towns and townships;
3) within the limits of its competence, manage and use the land allotted into their possession the area whereof may not be less than the area necessary for carrying out the functions of the institutions of local authorities;
4) lease and transfer for use, in accordance with detailed plans, state-owned land plots that have been given to the municipality in trust, make proposals to the Government and the county governor concerning the sale of state-owned land plots and taking over of private land plots for public needs;
5) perform other functions prescribed by law in the sphere of land use and protection.
Article 31. Procedure for Establishing and Changing the Principal Use to Which the Land is Put
The principal use to which the land is put shall be determined or changed at the request of the interested persons, taking into account the documents of territorial planning.
Land users who wish to use land for a purpose other than that established during the acquisition of land into ownership, leasing or acquiring it for use, may do so subject to a decision made by the county governor 1authorising the change of the principal use to which the land is put. The procedure for filing applications for changing the principal use to which the land is put, their examination and making decisions shall be established by the Government of the republic of Lithuania.
In cases determined by the Government, when planting a forest in a land designated for agricultural purposes which is not fertile, inconvenient for use or not used at all, the principal purpose of land use shall not be changed or shall be changed in accordance with a simplified procedure determined by the Government.
In accordance with the decision of the county governor giving an authorisation for changing the principal use to which the land is put, the value of the p[lot of land shall be recalculated and, at the request of the interested person, or the county governor, or a person authorised by him, the data in the cadastre of immovable property and the records in the Register of Immovable Property shall be adjusted.
The principal use to which the land is put in the territories of reserves, national and regional parks shall be changed only in accordance with the plans for the maintenance of protected areas or subject to the consent of the Ministry of the Environment.
Article 32. Taking of Land for Public Needs
Land may be taken from private land owners for public needs or the right to use state land for the above-stated purposes shall be terminated or a contract for the leasing of state-owned land shall be terminated prior to the expiry of its term only in exceptional cases by the decision of the Government of the Republic of Lithuania or the county governor, following the request by a municipal institution, a ministry or any other administrative institution, when the land is needed:
3) for the construction of state railways, state roads and pipe lines, and high voltage transmission lines;
4) for the construction projects of national significance, the development of urban and rural infrastructure, common needs of the population, public construction projects and recreation;
8) for the needs of the municipalities and for public needs where this is provided for in the detailed plans and of towns and townships and villages and land-use planning projects;
9) for the implementation by the state of major economic projects recognised by the Seimas or the Government the state significance as being highly significant for the state
The decision of an institution to take land for public needs shall be announced in the local press twice with a 15-day interval between. The interested persons may, within a month after the second announcement of the decision in the press, appeal to court against the decision of the Government of the Republic of Lithuania or the county governor concerning the taking of a land plot for public needs
The procedure for filing and considering requests to take land for public needs by municipal institutions, ministries, or other administrative bodies shall be established by the Government of the Republic of Lithuania.
When private land is taken for public needs, the land owner shall be a fair compensation by paying to him the actual price of the plot of land in cash by allotting to him a plot of land of equivalent value in the same locality; he will also be compensated for other losses resulting from the taking of the land in accordance with the procedure established by laws and the Government of the Republic of Lithuania.
When state land allotted for use or leased is taken for public needs, the right of use of land or the land lease contract shall be terminated prior to their term and the resulting losses shall be compensated to the tenants and other users in accordance with the procedure determined by the Government of the Republic of Lithuania.
The losses incurred by private land owners and other lawful users of private and state land incurred by reason of having the land taken for public needs shall be compensated by the person interested in the taking of the land in accordance with the conditions and by the date specified in mutual agreement.
Owners of private land and other lawful users of private and state-owned land shall be compensated for the losses resulting from taking of land for public needs by the person interested in taking of land under the terms and conditions and writing the time-period laid down in a mutual agreement. The initial value of the land plot to be taken and the losses resulting from the taking of land shall be calculated in accordance with the procedure set by the Government of the Republic of Lithuania and specified in the decision on taking of land for public needs. The person interested in taking of land shall be the Government of the Republic of Lithuania, a ministry, the county governor, a municipal institution or any other administrative body which submits an application for taking of land for public needs.
Disputes relating to the method of compensation and its amount shall be settled by court. If the amount and form of the compensation established in the decision on taking of land for public needs is not acceptable for the owner of the land or any other lawful user of private or state-owned land, and if he does not come to terms with the interested person in respect of the form or amount of compensation within 2 months after the second public announcement in the press of the decision regarding taking of the land plot for public needs, the person interested in taking of land for public needs must, within 10 days, apply to court seeking that the form and amount of compensation be established. Despite failure to reach an agreement as to the form and amount of compensation, the person interested in taking of land for public needs shall, within 2 months from a public announcement in the press of the decision on taking of land for public needs, must pay the amount of the compensation specified in the decision of the Government of the Republic of Lithuania or the county governor on taking of land for public needs into the account opened in the name of the owner, tenant or user of the land plot or, if the person interested in taking of land is not aware of such an account and if the person may not open another account in the name of the owner, tenant or user of the plot of land, he must pay the amount of the compensation specified in the decision of the Government of the republic of Lithuania or the county governor on taking of land for public needs into the deposit account of the court bailiffs' office. If the court established a different amount of the losses resulting from taking of land, the person interested in taking of land shall settle with the former owner of the plot of land under the terms and conditions specified in the court decision.
After a decision has been adopted to take private land for public needs, the owner of land shall have no right to mortgage or otherwise encumber it. Following the agreement on the form and amount of compensation for the land taken for public needs, the right of land ownership shall pass to the State when the person interested in taking of the land for public needs settles with the owner of the land plot taken under the terms and conditions laid down in the agreement. Where the owner of the land plot to be taken for public needs and the person interested in taking of the land for public needs fail to reach an agreement as to the form and amount of the compensation within 2 months after the second public announcement in the press of the decision on taking of land for public needs, the plot of land shall pass into state ownership on the day when the person interested in taking of land for public needs pays the amount of the compensation specified in the decision of the county governor or the Government of the Republic of Lithuania on taking of land for public needs, following the procedure set out in paragraph 7 of this Article. The decision on taking of land for public needs may determine a later date when the right of land ownership passes to the State.
If land or its part which has been taken for public needs is not used for the purpose specified in the decision and is transferred into private ownership, the priority right to buy it out shall rest with the former owner of the land from whom it has been taken for public needs. The provision shall not apply to persons who are to be compensated with a land plot of equal value.
Article 33. Taking of Land into the Stock of Unoccupied State-owned Land
The land shall be taken from the land owners into the stock of the unoccupied state land when:
3) the right of ownership of land is terminated by the decision of the court to transfer land to the State.
The land shall be taken into the stock of the unoccupied state-owned land from the users of state-owned land and other persons who have concluded contracts of lease of state-owned land when:
1) they relinquish of their own free will to use the land given to them for use or held by them on lease;
2) the term for which the land has been allotted for use or the lease term expires and the land lease is not extended;
3) the land lease or the right to use land is terminated, following the procedure established by laws, prior to the expiration of the term.
The land shall be taken into the stock of unoccupied state land according to the procedure established by the Government of the Republic of Lithuania.
Article 34. Protection of the Right of Ownership and Use of Land
The State shall protect the rights of ownership and use of land as well as the interests of the population of the Republic of Lithuania which may be affected by the activities of the users of land.
Sanctions established by laws shall be applied to persons who have violated the boundaries of areas of used land established in a locality or, by their business activities on the land used by them, caused harm to the legitimate interests of other owners of private land, the State and individuals, and violated environmental requirements.
State institutions, other natural and legal persons through whose fault the owners of land could not use, hold and dispose of land, and the land users could not make proper use of land must pay damages for the losses incurred by the owners of land or land users.
Natural and legal persons whose activities carried out on the land used by them caused harm to the interests of other land users or inhabitants and have violated environmental requirements, must pay damages for these violations.
V. THE LAND DESIGNATED FOR AGRICULTURAL PURPOSES
Article 35. The Land Designated for Agricultural Purposes and the Management of its Territory
The land designated for agricultural purposes shall comprise the plots of land used or allotted for the functioning of agricultural enterprises and farmers' farms and other land plots used or intended for the development of agricultural activity, including agricultural land, the land occupied by dwelling houses and farm buildings, yards, roads, the land suitable for converting it into agricultural land and other land areas enclosed by those plots.
The territory of land designated for agricultural purposes shall be managed according to land-use planning projects developed and approved by the county governor, taking into account the interests of the owners of land, land users and the public: the boundaries of the existing areas of used land shall be adjusted; new areas of used land shall be formed; farmsteads and farm production facilities shall be built, roads with hard cover shall be laid; ponds shall be made; forest shall be planted; forests, marshes and shrubbery shall be transformed into agricultural land.
The term of lease of land designated for agricultural purposes shall be determined by agreement between the lessor and the lessee and it shall be for a period of at least five years.
State-owned land designated for agricultural purposes in the countryside shall be leased, following the procedure established by the Government, not by auction:
1) to natural persons who have registered a farmer's farm in accordance with the procedure set out in the Law on the Farmer's Farm or to persons having a certificate of appropriate qualification to engage in farming;
2) to legal persons, producers of agricultural products whose annual earnings from sale of agricultural commodities makes up mote than 50 per cent od all his income.
The procedure for assigning forests enclosed by the of land designated for agricultural purposes to the land designated for forestry and the procedure for the use of these forests shall be established by the Government of the Republic of Lithuania.
During the land reform, the maximum size of a plot of land designated for agriculture, which may be acquired into private ownership by citizens shall be established by the Law on Land Reform.
The maximum size of land designated for agricultural purposes, which is being acquired or taken on lease for other agricultural activities, shall be established by the Government of the Republic of Lithuania.
Article 36. Land Designated for Agricultural Purposes Used by Agricultural Enterprises
Agricultural enterprises shall use state-owned or private land held on lease.
Article 37. Land of the Farmer's Farm
The terms and conditions for the use of land of a farmer's farm shall be set by the Law on the Farmer's Farm
Article 38. Other Land Designated for Agricultural Purposes
The land designated for agricultural purposes which is not attributed to the farmer's farm according to the established procedure or is not leased to agricultural enterprises shall be considered as other land designated for agricultural purposes. Its users may be:
1) persons who have acquired into private ownership or taken on lease private plots of agricultural land for the production of agricultural produce;
2) persons to whom state-owned land has been allotted for their personal farm, office allotments, gardening and vegetable growing;
3) research and educational establishments, forestry enterprises, other agencies and organisations specified in Article 22 of this Law, which use state plots of land allotted to them for the production of agricultural produce;
4) other natural and legal persons who have taken land on lease from the stock of unoccupied state-owned land for the production of agricultural produce.
Article 39. Protection of Land Designated for Agricultural Purposes
Plots of state-owned land comprising agricultural land and other used lands which, owing to the properties of their soil, are suitable for developing into agricultural land, shall be sold, allotted for use or leased primarily for agricultural activities.
When using private and state-owned land designated for agricultural purposes, agricultural lands must be protected against degradation of soil, wind and water erosion, overgrowing with shrubs and forest, turning into swamps or other deterioration of their properties. While carrying out construction projects or exploiting natural resources, the fertile layer of soil must not be destroyed and must be used for the improvement of agricultural land, whereas damaged lands must be re-cultivated.
The land designated for agricultural purposes may be transferred or may be allotted for other uses only in accordance with the documents land-use planning or other documents of territorial planning laid down in the Law on Territorial Planning developed in the established manner.
VI. LAND DESIGNATED FOR FORESTRY
Article 40. Land Designated for Forestry
Land designated for forestry shall comprise:
2) other forest land: cutting areas, burned areas, thinning, glades, waste plots of land, marking off and fire-prevention belts, strips etc.
3) land occupied by forest roads, timber storage points, and other facilities and equipment used for forestry needs;
5) game feeding lots; other non-forest lands surrounded by forests.
Regeneration and protection of forests in the land designated for forestry purposes shall be regulated by the Law on Forestry.
Article 41. Owners and Users of Land Designated for Forestry
The owners of land designated for forestry shall be the State and citizens to whom their former forests or forest land have been restituted or who have granted forest in the process of land reform, or who have bought forest or forest land or who have acquired forest into their ownership on other legal grounds under law.
Managers of state-owned land assigned for forestry shall be forestry enterprises and state parks. The right of management of state-owned land assigned for forestry and needed for national defence and protection of the State border may be granted to the Ministry of National Defence and the Ministry of the Interior.
Forest enterprises and state parks shall manage and use the resources of state-owned forests, including the forest resources of the forest land allotted to the Ministry of National Defence and the Ministry of the Interior, and implement the measures aimed at regeneration, monitoring and protection of state-owned forests.
Regeneration and protection of forests in forest lands shall be laid down in the Forestry Law.
VII. LAND DESIGNATED FOR CONSERVATION PURPOSES
Article 42. Land Designated for Conservation Purposes
Land designated for conservation purposes comprises the land which according to the established procedure is allotted or attributed to:
3) reserves of state national and regional parks and territories under monitoring and forest reserve plots;
4) other objects of nature where economic activities not involving special monitoring, maintenance and protection of the these objects and the territory occupied by them are prohibited.
The procedure for the use and protection of land designated for conservation shall be regulated by the Law on the Environmental Protection, other laws and subordinate legislation.
Land of other categories may also be designated for specific conservation purposes according to the procedure established by the Government of the Republic of Lithuania.
VIII. LAND DESIGNATED FOR MISCELLANEOUS PURPOSES
Article 43. Land Designated for Miscellaneous Purposes
The land designated for various other purposes shall comprise plots of land acquired by the citizens into private ownership according to the established procedure, as well as plots of land allotted for use or leased for:
2) the construction and maintenance of housing, social and industrial objects intended for various purposes;
8) any activities other than agriculture and forestry.
The area of state land needed by the users of land designated for various other purposes shall be determined according to the standards approved by the Government of the Republic of Lithuania, the ministries and state agencies.
In the cases provided for by the laws and Government resolutions, land shall be transferred, allotted for use or leased for miscellaneous purposes by agreement subject to the execution of documents of territorial planning and land-use (land allotment) plans.
Land designated for miscellaneous purposes shall be managed in compliance with building and planning projects approved according to the established procedure.
Agricultural land enclosed by the land designated for miscellaneous purposes, before it is put to the principal specific use, must be used for the production of agricultural produce.
IX. THE LAND OF THE STATE WATERS FUND
Article 44. The Land of the Waters Fund
The land of the waters fund shall comprise areas of land occupied by:
3) inland water bodies of state significance. The list of water bodies of state significance shall be approved by the Government of the Republic of Lithuania;
4) rivers not assigned to the water bodies of state significance, having a constant water flow rate, the basin of which is at least than 25 sq km, those connecting the lakes assigned to the state waters fund;
5) lakes not assigned to the water bodies of state significance, connected by rivers assigned to the state waters fund, also lakes assigned by the Government of the Republic of Lithuania or an institution authorised by it to the state waters fund;
X. THE STOCK OF THE UNOCCUPIED STATE LAND
Article 45. The Stock of the Unoccupied State Land
The stock of the unoccupied state land shall comprise state land which is not allotted for the use by natural and legal persons, is not leased or transferred into private ownership.
The stock of unoccupied state land shall be managed by the county governor according to the procedure established by the Government of the Republic of Lithuania, with the exception of land transferred into possession of institutions of local self-governance.
The land of the stock of the unoccupied state land shall be sold, allotted for use or leased according to the procedure established by this law and (when lands is leased) in accordance with the procedure prescribed by the Law on the Leasing of Land, upon the determination of the principal specific purpose of use of its separate plots and upon the completion of necessary works of territorial optimisation, management and soil improvement.
XI. STATE LAND SURVEY
Article 46. The Objective of the State Land Survey
The objective of the state land survey planning is:
1) to prepare the state land development and protection programmes and land survey plans of administrative territories of the country, as the integral part of territorial planning (landscaping);
2) to prepare land survey plans for the determination or revision of administrative boundaries, and other management plans of administrative territories;
3) to prepare land survey plans for the taking of land for public needs and for the allotment of land to the institutions of local governance and the common use of the inhabitants, state enterprises, offices and organisations;
4) to prepare land survey plans for the buying out, transfer and exchange of land, for the formation of new or restructuring of the existing areas of used land, and for the establishment of special conditions for land use, restrictions of activities and servitudes;
5) to prepare land survey plans for the management of areas of used land of agricultural enterprises and on individual orders, for the management of land of farmers' farms and of other land users and for the organisation of rational land use.
Article 47. Carrying out of the State Land Survey Works
The state land survey works shall be carried out at the expense of the State, the owner of lands and of other land users.
The works of the state land survey shall be organised and methodologically directed by the State Land Survey and Geodetic Service at the Ministry of Agriculture.
State land survey works shall be carried out by the county governor's administration, state enterprises and organisations and other enterprises and organisations hired by these agencies, offices and institutions.
The procedure for and the contents of the works of land survey and research shall be established by the Government of the Republic of Lithuania or by any other institution authorised by it.
Article 48. Private Land Surveyors
A private land surveyor may be a person having a special higher or college education and who obtained a licence issued according to the procedure established by laws, to perform geodetic, topographic and cartographic works and a licence issued according to the procedure established by the Government of the Republic of Lithuania to perform state land survey works.
The rights, duties and responsibility of private land surveyors and the type of work that they are permitted to perform shall be established by the laws and the Government of the Republic of Lithuania.
XII. STATE LAND CADASTRE
Article 49. The Objective of the State Land Cadastre
The objective of the State Land Cadastre is:
1) to register the existing and new private and state-owned plots of land and areas of used land formed in the process of land survey;
2) according to the system established by the Government of the Republic of Lithuania, to accumulate and update information about the possession of land plots, their size and value, the conditions and restrictions of land use, other features of land as the property or object of use, and of other real property located on that land, other distribution of land according its owners, users and areas of used land.
The contents of maps of the land cadastre shall be established by the State Land Survey and Geodetic Service at the Ministry of Agriculture. .
The data of the State Land Cadastre constitutes official information about the stock of land of the Republic of Lithuania, its use and belonging.
Article 50. Management of the State Land Cadastre
The State Land Cadastre shall be drawn up and kept by the county governor's administration and state enterprises in accordance with the procedure prescribed by laws and the Government of the Republic of Lithuania.
Survey, soil research, land accounting and valuation works necessary for the State Land Cadastre shall be carried out by state enterprises and organisations or other enterprises, organisations and private surveyors hired by them.
Legal and natural persons and state and self-governance institutions must provide offices that manage the State Land Cadastre with necessary information about the land used by them or is in their disposition, as well as the buildings and facilities located thereon.
Works necessary for the drawing up of the State Land Cadastre shall be carried out at the expense of the state, municipalities, land owners and land users according to the procedure established by the Government of the Republic of Lithuania.
Article 51. Application of Data of State Land Cadastre
The data of the State Land Cadastre shall be furnished to state institutions and natural and legal persons and used for :
XIII. STATE CONTROL OF LAND USE
Article 52. The Contents of State Control of Land Use
State control of land use shall be carried out by the institutions specified in Article 30 of this law according to the regulations approved by the Government of the Republic of Lithuania.
State control of land use shall embrace:
1) co-ordination and examination of programmes, plans, schemes, other documents of territorial planning relative to the principal specific purpose of land use, revision of the boundaries of the plots of land and conditions of land use; and
2) systematic checking whether the activities of land users are in compliance with laws and the procedure established by the Government of the Republic of Lithuania.
Article 53. Liability for the Violation of Land Legislation
Natural and legal persons shall incur disciplinary, administrative, material and criminal responsibility under the laws of the Republic of Lithuania if they have:
5) failed to fulfil their duty to take measures so that the land could be used for its proper purpose;
6) failed to take mandatory measures for the improvement and protection of soil of agricultural land ;
8) failed to comply with the requirements established during the allotment of land or prescribed by land lease;
10) made other violations of legislation regulating land use relationship.
Wilfully occupied plots of land shall be taken away without reimbursing inputs made during the unlawful use of land . Plots of land must be brought to such a condition that they could be used for their principal specific purpose of use at the expense of enterprises, organisations or individuals which occupied them wilfully.
Article 54. Compensation for Damage Caused by Reason of Unlawful Activities
Natural and legal persons who have violated the established land use requirements, must compensate for the damage caused to other natural and legal persons and the State according to the procedure established by laws.
XIV. LAND DISPUTES
Article 55. Definition of Land Disputes
Land disputes mean the disputes arising because of legal relations pertaining to land between:
2) land owners and other legitimate users of land and other individuals, enterprises, offices and organisations -- concerning the unlawful occupation of a plot of land or prevention from the use of a plot of land belonging by the right of ownership or used on other grounds;
3) land owners and other legitimate users of land -- concerning the termination of activities (even though lawful) in the adjacent plot of land, which cause damage to other land belonging by the right of ownership or used on other grounds;
4) land owners or users of state land and the Government of the Republic of Lithuania or the county governor -- concerning the taking of a land plot for public needs, the method and amount of compensation for it;
5) land owners and land tenants and the Government of the Republic of Lithuania or the county governor -- concerning the change of the principal specific purpose of land use or (and) setting of special land use conditions and business restrictions;
7) joint owners of land -- concerning the holding, use and disposal of the plot of land that is joint property.
Article 56. Procedure for the Consideration of Land Disputes
Land disputes shall be considered by courts in accordance with civil proceedings.
By agreement of the parties, land and other disputes arising in respect of civil legal relations may be referred to the arbitration court, the regulations whereof shall be approved by the Government of the Republic of Lithuania.
XV. INTERNATIONAL AGREEMENTS
Article 57. International Agreements
In the cases where the international agreements binding to the Republic of Lithuania prescribe the rules of land use other than those established by the laws of the Republic of Lithuania, the rules provided for by the international agreements shall apply, provided they do not contradict the Constitution of the Republic of Lithuania.
XVI. COMING INTO FORCE
Article 58. Coming into Force
This law shall come into force on 1 July 1994.
Upon the coming into force of the Law on Land of the Republic of Lithuania, paragraph 10 of Article 11 of the Law on Land Reform shall become invalid.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.