REPUBLIC OF LITHUANIA
Law
On the Restoration of the Rights of Ownership of CITIZENS
to the Existing Real Property
1 July 1997 No VIII-359
Vilnius
(Last amended on 8 November 2012 – No XI-2404)
I Chapter
General Provisions
The Seimas of the Republic of Lithuania,
emphasising that after the Supreme Council - Reconstituent Seimas of the Republic of Lithuania restored the independence of the Republic of Lithuania under the 11 March 1990 Acts, the laws, imposed by the foreign state, by which the occupational powers had seized from the citizens of the Republic of Lithuania the property possessed by them, ceased to be in force;
emphasising that the rights of ownership acquired by the citizens of the Republic of Lithuania before the occupation are not revoked and have continuity;
emphasising that the Constitution of the Republic of Lithuania adopted by the will of citizens of the Republic of Lithuania in 1992, guarantees and defends the rights and property of the State and its citizens;
emphasising that the restoration of continuation of the rights of ownership is based on the provision of the 18 June 1991 Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property - the existing real property shall be returned to citizens of the Republic of Lithuania, and in the event it is impossible to do so, they shall be compensated properly;
taking into consideration the judgements and rulings of the Constitutional Court of the Republic of Lithuania of 1994-1996 and the limit of 150 hectares set by the land reform in 1922-1940;
emphasising that legal relations of the restoration of the rights of ownership to the existing real property are regulated by the special legal norms of this Law,
has passed this Law.
Article 1. The Objective and Definitions of the Law
1. This Law shall regulate the procedure and conditions of the restoration as well as the recognition of continuity of the restoration of the rights of ownership to the citizens of the Republic of Lithuania to the real property which was nationalised under the laws of the USSR (Lithuanian SSR), or which was otherwise unlawfully made public, and the restoration of the rights of ownership whereof has been initiated according to the Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property, while evaluating the established objective public economic relations.
2. As used in this Law:
1) “A plot of land which adjoins a private residential house and other structures in a town” means a plot of land specified, prior to the entry into force of this Law, in the technical description of a household and other structures;
2) “Vacant land stock” means areas of land, forest and a water body which are not attributed to the land taken and purchased by the State and which the citizens entitled to the restoration of the rights of ownership do not desire to be given back in kind, as well as areas of land, forest and a water body which are left over after the restoration of the rights of ownership to the land, forest or water body of maximum size which are subject to restitution under this Law;
3) “New plot of land in a town” means a new plot of land which is being allotted for construction of a private house, as well as for a kitchen garden, garden and other similar needs;
4) “Owner of the real property” (hereinafter referred to as the “owner”) means a person whose real property was nationalised under the laws of the USSR (Lithuanian SSR) or which was otherwise unlawfully made public and to whom the rights of ownership to the existing real property are being restored according to this Law;
5) “Real property purchased by the State” means the real property which, due to the reasons specified in this Law, has been taken and is purchased by the State by compensating its owner in the manner prescribed by this Law;
Article 2. Citizens Entitled to Restoration of the Rights of Ownership
1. Ownership rights to the real property specified in Article 3 of this Law shall be restored to the following citizens of the Republic of Lithuania:
2) the persons to whom the now-deceased owner of the property left his property by a will, irrespective of the fact that there is no evidence in the will of a devise of land or other real property, and upon their death - their spouses, parents (adoptive parents), children (adopted children) or the spouses and children of such persons;
3) the spouse, parents (adoptive parents), children (adopted children), if they are citizens of the Republic of Lithuania, of the owner of the property who died without making a will or emigrated abroad during the occupation period (1939-1990) and there received the citizenship of another country, upon losing the citizenship of the Republic of Lithuania - to a part of the existing real property falling to them;
4) the spouse, children (adopted children) of the now-deceased child (adopted child) of the owner of the property - to a part of the existing real property falling to the deceased; and
5) the persons to whom the property is transferred by a will (holographic will) without adhering to the form and manner established by law or by a contract (purchase-selling, donation or any other written document), as well as the persons to whom successors to the rights of ownership left the property by a will. Citizens who wish to restore the rights of ownership must apply to the court regarding the establishment of a fact of legal significance.
2. Upon the death of the citizens specified in subparagraphs 1, 2, 3, and 4 of paragraph 1 of this Article, who had filed applications for the restoration of the rights of ownership in due time, the rights of ownership shall be restored in the name of the deceased and assigned to the heir, provided the latter is a citizen of the Republic of Lithuania.
3. The citizens specified in paragraph 1 of this Article may, prior to 31 December 2001, by a notarised agreement, assign the right to restore the rights of ownership to the existing real property to their children (adopted children), parents (adoptive parents), spouses, grand-children, provided they are citizens of the Republic of Lithuania. Irrespective of the number of the citizens who, according to an agreement on the assigning of the right, have acquired the right to restore the rights of ownership to an urban land, such rights shall be restored to them under the same conditions and procedure as they would be restored to the assignor of such rights.
4. The rights of ownership to the existing real property falling to the now-deceased child (adopted child) of the owner of the property shall be restored to the citizens specified in subparagraph 4 of paragraph 1 of this Article. If other children (adopted children) of the owner of the property, their spouses and children (adopted children) are also dead or do not submitted an application to restore the rights of ownership within the time limits established by this Law, upon request of the citizens specified in subparagraph 4 of paragraph 1 of this Article the rights of ownership to all existing real property of the owner may be restored.
Article 3. Property to which the Rights of Ownership shall be Restored
1. Ownership rights to the following real property shall be restored to the citizens specified in Article 2 of this Law:
2. The ownership rights shall be also restored to the real property, indicated in subparagraphs 1, 2, and 3 of paragraph 1 of this Article. The ownership rights shall be also restored to that real property, indicated in subparagraphs 4 and 5 of paragraph 1 of this Article, which existed by 1 August 1991, but which ceased to exist due to decisions adopted by the State, municipal institutions.
Article 4. Conditions and Procedures for the Restoration of the Right of Ownership to Land in Rural Area
1. The rights of ownership to a plot of land, the total area whereof did not exceed, including forests and water bodies, 150 hectares, shall be restored to its former owner. If the total area of the owned land, including forests and water bodies, exceeded 150 hectares, also if the area of land returned in kind is smaller than the area of land previously held by the owner, the citizen shall be entitled, within the former land holding, to choose, according to his wish, the part of the plot of land, forest, water body which are subject to restoration of the rights of ownership under this Law.
2. Land shall be given back in kind to a citizen or citizens in the former locality by the right of common ownership, with the exception of the land which under Article 12 of this Law is attributed to the land subject to purchase by the State, and the land that citizens are not willing to get back in its former locality in the case specified in paragraph 10 of this Article. By agreement of co-owners of land, land may be returned in kind by separate plots of land. Projects of parcelling out plots of land acquired by the right of common ownership shall be prepared with the funds of the owners of such land according to the uniform-amount rates of executing works, as set by the Government.
3. The State shall compensate in accordance with Article 16 of this Law the citizens for the land subject according to Article 12 of this Law to being purchased by the State, as well as for the land that citizens are not willing to get back in its former locality.
4. Land shall be returned in kind immediately. Citizens, for whom the missed time limits specified in paragraphs 1 and 4 of Article 10 of this Law are renewed by a decision of the court, the land shall be given back in kind only in compliance with land survey plans of the land reform and in the manner prescribed by the Government, with the exception of the cases when the said citizens submitted applications for restoration of the rights of ownership as well as documents confirming the rights of ownership and the relation by blood prior to the adoption of a decision of the head of the National Land Service under the Ministry of Agriculture or the head of a territorial subdivision authorized by him concerning the approval of the boundaries of a territory selected for preparation of a land survey plan of the land reform. In that part of the territory of the State of Lithuania where the strip system was still existent, the land shall be given back and compensated in kind according to the drawn-up land survey plans of the land reform. A plot of land equal in value to the one held previously shall, in the same manner, be assigned to the ownership of the former owner without payment.
5. Citizens to whom land is being given back in kind or to whom a plot of land equal in value to the one they held previously is assigned to their ownership without payment must comply with special conditions of land use and real servitudes which are established according to land survey plans of the land reform.
6. The size of land, forest subject to being given back in kind to a citizen or the size of a plot of land, forest equal in value to the one he held previously, assigned to his ownership without payment, shall include a plot of land of a household of equal size, which is under privatisation (except those households for which contributions have been paid in a prescribed manner), and a plot of land used by him for a individual farm of equal size.
7. The land in which communications are laid, as well as the land lying within the territory of prospected mineral resources deposits which are not in use, or situated within protected territories, shall be given back to citizens for limited, purpose-oriented utilisation.
8. Upon their wish, the owners of steadings and the participants-volunteer soldiers of the 1940-1990 armed resistance whose destroyed family homesteads are situated on the territory now allotted for an individual farm of residents, office entitlement parcels and a peasants’ farm shall be given back not less than 3 hectares of lands adjoining these steadings and destroyed family homesteads, and the remaining part of the plot of land shall be purchased by the State and compensated according to Article 16 of this Law. When in the manner prescribed by the Law a plot of land which the owner wishes to get back in kind, except the cases specified formerly in this paragraph, is allotted and used for an individual farm of residents or a peasants’ farm, the owner who desires that the right of ownership be restored in kind, or a person who presently is using this plot of land or has acquired it into ownership from the State, may be allotted a plot of land the area whereof is 30 per cent larger than an equivalent plot of land, from the land of the vacant land stock, which lies within the territory covered by a local land survey plan of the land reform. If the citizens, to whom the rights of ownership are being restored to this kind of land, are volunteer soldiers of the 1918-1920 struggles for independence, participants of the opposition (resistance), political prisoners, deportees or the persons decorated with the Order of the Cross of Vytis, their spouses, parents (adoptive parents), children (adopted children), by the decision of the head of the National Land Service under the Ministry of Agriculture or the head of a territorial subdivision authorized by him an area of a proposed plot of land from the vacant land stock in the county territory may be increased by 100 per cent. If in the vacant land stock within the county territory there is not a plot of land sufficient in size, upon the wish of these persons a plot of land shall be formed in the territory of another desirable county. These persons may be also granted other privileges provided by laws.
9. The land in which industrial gardens, berry plantations and nurseries are set up shall be returned to citizens in kind. The users of this land, provided that the owner of the land expresses a wish and settles with the users for trees and berry shrubs (unless otherwise agreed), must vacate the land within the period of three years. The owners of the returned land shall settle with the users of that land for the trees and berry shrubs in the manner prescribed by the Government.
10. The land planted with and covered by forest growth shall be given back in kind. If a citizen refuses to take a plot of land planted with and covered by forest growth, the State shall compensate him according to Article 16 of this Law.
11. The land lying in a rural area, which is used or leased to natural and legal persons as well as to branches set up in the Republic of Lithuania by enterprises set up in the Member States of the European Union and other States of the European Economic Area, shall be given back in kind, if it is not assigned under Article 12 of this Law to the land subject to purchase by the State. Upon taking a decision to restore the rights of ownership by giving this land back in kind, a state land lease contract shall be terminated before it expiration, at the request of the lessor. When land, used or leased by other natural and legal persons and necessary for exploitation of buildings and construction works (built or under construction) as well as holiday buildings and construction works (built or under construction) possessed by the said natural and legal persons by the right of ownership, is given back in kind, or when the rights of ownership are restored by conveying into ownership without payment the land leased by other persons as an equal in value plot of land, the rights and duties shall pass under a state land lease contract to a new land owner, unless otherwise agreed by the parties.
12. The land on which ponds, not privatised under the Law of the Republic of Lithuania on the Initial Privatization of State Property and the Law of the Republic of Lithuania on the Privatisation of State-Owned and Municipal Property, are made shall be given back in kind to citizens for limited, purpose-oriented utilisation (except the equipment of the pond dam if they are attributed to dangerous equipment). The land on which ponds (including the land occupied by pond-related dam equipment) are made, privatised under Law of the Republic of Lithuania on the Initial Privatization of State Property and the Law of the Republic of Lithuania on the Privatisation of State-Owned and Municipal Property and used according to purpose shall be bought out by the State and compensated in accordance with Article 16 of this Law.
13. Land of the vacant land stock, which since 7 August 2004 has been used by entities of state support in acquiring agricultural land, who meet the conditions specified in Article 2 of the Provisional Law on Acquiring Agricultural Land, may without payment be assigned to the ownership only to the said citizens, where the area of the land being assigned is equal to the area of the land possessed.
Article 5. Conditions and Procedures for the Restoration of the Ownership Rights to Urban Land
1. The ownership rights shall be restored to the land formerly held by the owner, provided that the area of said land did not exceed 150 hectares, including forests and water bodies.
2. The rights of ownership to the land, which was situated prior to 1 June 1995 within the territory that was attributed in the prescribed manner to towns, shall be restored according to the following procedure:
1) by giving back in kind to a citizen or citizens the vacant (non-built-up) land in the former locality by the right of common ownership, as well as to a citizen, possessing the buildings by the ownership right, a plot of land in use by this citizen the boundaries of which are defined in territorial planning documents, with the exception of the land attributed under Article 12 of this Law to the land subject to purchase by the State, as well as the land a citizen does not wish to be given back in the former locality. The area of the vacant (non-built-up) land given back in kind shall be reduced to the size of a plot of land of one hectare, provided that plots of land are designed on it, which are being transferred without payment to citizens for individual construction under subparagraph 3 of paragraph 2 of this Article and they may not be designed within other territories of a town due to the lack of vacant (non-built-up) land in this town. The formation of plots of land being given back in kind in vacant (non-built-up) areas of land in the former locality and the preparation of their plans shall, in accordance with the procedure and conditions set out by the Government, be organised and the plans shall be approved by the director of the municipal administration. The ownership rights to the citizens to whom the missed time limits referred to in paragraphs 1 and 4 of Article 10 of this Law are renewed by the court’s decision, shall be restored by giving back in kind the land within the territories in which the strip system was still existent, if these citizens submitted applications for restoration of the rights of ownership as well as the documents confirming the rights of ownership and relation by blood with the owner prior to the adoption of the decision by the director of the municipal administration regarding the approval of plans of plots of land subject to be given back in kind;
2) by assigning without payment to the ownership of the citizens who have residential houses or other buildings by the right of ownership on the land possessed by the right of ownership belonging to the persons other than them, a plot of land in use by them, the boundaries whereof are established in the territorial planning documents, adjoining these buildings or a plot of land in use by them, designated for another purpose (kitchen garden, garden and other) and provided for in the territorial planning documents, except within the territory the National Park of the Curonian Spit, but not exceeding 0.2 hectares in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and not exceeding 0.3 hectares in other towns. The size of land returnable in kind or subject to buying-out shall be accordingly reduced by the size of plots of land in use which are transferred into the ownership without payment;
3) by assigning without payment a new plot of land into the ownership of a citizen, which is prepared or not prepared for use in a manner prescribed by the Government, when the Government has approved its size in the same town in which he previously owned the land, with the exception of the territory of the National Park of the Curonian Spit, or at the request of the citizens - in the town where they reside (except the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and the territory of the National Park of the Curonian Spit). New plots of land in the parts lying within the areas of the towns which are entered in the Register of Immovable Cultural Properties of the Republic of Lithuania (the List of Cultural Areas) shall not be assigned to ownership for construction of a private house or other purposes (except the cases when in this territory construction of a private house is intended for a citizen according to the territorial planning documents on the land possessed by him by the right of ownership); utilised plots of land shall be assigned without payment into ownership only to those persons who own residential houses or other structures by the right of ownership in these parts lying within the areas of towns. When the citizen refuses to accept a new plot of land prepared or not prepared for use (for choice) in a manner prescribed by the Government, which is assigned without payment to the ownership of the said citizen for construction of a private house, at his request, he shall be given as a compensation an average amount of money due for a plot of land, the size whereof is established by the Government, in that town in accordance with Article 16 of this Law. Such sum of money shall be fixed by the Government.
3. The size of a new plot of land, assigned without payment to the ownership of citizens, which is situated within the town limits shall, at the proposal of the town, district local authorities, be approved by the Government. The minimum size of a new plot of land assigned without payment to ownership shall be 0.04 hectares (with the exception of a smaller plot of land held by the right of ownership). The maximum size of a new plot of land assigned without payment to ownership must not exceed 0.2 hectares in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas, and 0.3 hectares in other towns.
4. If the size of a plot of land, held by the owner, was at least 0.04 hectares larger than the size of a plot of land he presently utilises, he shall, if possible, additionally be assigned without payment to his ownership a new plot of land, the size whereof is at least 0.04 hectares, designated for construction of a private house and other purposes. The total area of the plot of land a citizen utilises, which is assigned without payment to his ownership, and of the new plot of land, additionally assigned without payment into ownership must not exceed the size, set by the Government, of the area of a new plot of land assigned without payment to ownership for construction of a private house and other purposes in that town.
5. In case the area of a plot of land within the town limits, which has been restituted or assigned without payment into the ownership of a citizen, is smaller than the area of the plot of land to which, pursuant to this Law, his rights of ownership are being restored, the State shall compensate him for the difference in the plots of land according to Article 16 of this Law.
6. The right of ownership to land situated within the territories of the municipalities of the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas, which was attributed to the territories of the municipalities of these towns after 1 June 1995, shall be restored in the manner prescribed by Article 4 of this Law by giving it back in kind, and if this land is, according to Article 12 of this Law, attributed to the land subject to being purchased by the State, the State shall compensate for it according to Article 16 of this Law.
Article 6. Conditions and Procedures for the Restoration of Ownership Rights to Forests and Water Bodies
1. Ownership rights to the forest or water body previously held by the owner, the total area whereof did not exceed 150 hectares, including the land situated in a rural area.
2. Forest or a water body shall be returned in kind in its former locality to a citizen or citizens by the right of common ownership, except the forest and water bodies which are attributed to the ones subject to be purchased by the State pursuant to Article 13 of this Law, as well as the areas of the former forests and water bodies which, in the case provided for in paragraph 7 of this Article, citizens do not desire to get back in the former locality.
3. Forests and water bodies situated in protected territories shall be given back to citizens for limited, purpose-oriented utilisation.
4. The State shall compensate, according to Article 16 of this Law, the citizens for the forest and water bodies attributed, pursuant to Article 13 of this Law, to the ones subject to be purchased by the State, as well as for the forest which they do not desire to get back in the former locality or for water bodies situated in protected territories which they do not desire to get back in kind in the former locality.
5. The rights of ownership of citizens to forests and water bodies shall be restored in accordance with the land survey plans of land reform drawn up in the manner prescribed by the Government.
6. Citizens must comply with the special forest and water body use conditions and easements established in land survey plans of land reform.
Article 7. Procedure for the Restoration of Ownership Rights to Buildings and their Accessories, Used for Economic and Commercial Purposes
1. The ownership rights to buildings used for economic and commercial purposes and their accessories shall be restored to persons specified in Article 2 of this Law by returning the aforesaid buildings in kind in the manner prescribed by the Government, with the exception of the buildings used for economic and commercial purposes subject to purchase by the State according to Article 14 of this Law.
2. It shall be compensated, according to Article 16 of this Law, for buildings used for economic and commercial purposes and their accessories which are subject to purchase by the State, as well as for the buildings used for economic and commercial purposes and their accessories, specified in Article 3 of this Law, which have not survived after 1 August 1991 due to the decisions adopted by the State, municipal institutions.
3. Upon giving back buildings used for economic and commercial purposes and their accessories in kind, the ownership rights to the land on which the given back buildings are situated shall be restored to citizens according to the procedure established in Articles 4 and 5 of this Law, irrespective of whether a separate application for giving back this land has been filed.
Article 8. Conditions and Procedures for the Restoration of Ownership Rights to Residential Houses, Parts thereof, Flats
Ownership rights to residential houses, parts thereof, flats shall be restored to persons specified in Article 2 of this Law by returning them in kind, except the residential houses, parts thereof, flats which are subject to purchase by the State pursuant to Article 15 of this Law.
2. The State shall compensate, according to Article 16 of this Law, citizens for residential houses, parts thereof, flats which are subject to purchase by the State, as well as for the residential houses, parts thereof, flats, specified in Article 3 of this Law, which have not survived after 1 August 1991 due to the decisions adopted by the State, municipal institutions.
3. Upon giving back the residential houses, parts thereof, flats in kind, the right of ownership to land on which the given back houses are built shall be restored in the manner prescribed by Articles 4 and 5 of this Law, irrespective of whether a separate application for giving back this land has been filed.
4. Upon giving back residential houses, parts thereof or flats in kind or assigning to ownership other dwellings to the persons specified in Article 2 of this Law, these citizens together with their family members and subtenants must, within two months from the day of assigning the empty dwelling premises to them, vacate the dwellings rented by them, belonging to the State or municipal housing stock.
Article 9. Documents Confirming the Title of Ownership
1. Extracts from mortgage books, in the absence of the latter - deeds of conveyance, court decisions, deeds of property nationalisation, as well as certificates issued by state archives, wills and other documents established by the Government shall serve as documents confirming the rights of ownership.
2. The citizens whose documents confirming the rights of ownership to the existing real property, as well as confirming relation by blood or connection by marriage have not survived shall be entitled to appeal to the court for establishment of ownership rights and relation by blood or connection by marriage in the manner prescribed by the Code of Civil Procedure.
Article 10. Procedure for Filing Applications for the Restoration of Ownership Rights to Real Property
1. The rights of ownership shall be restored to the citizens whose applications for the restoration of rights of ownership to real property have been filed within the time limits set by the Law of the Republic of Lithuania on the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, as well as filed in compliance with the procedure established by this Law prior to 31 December 2001. Citizens who missed the set time limits for the reasons which are recognized as important by the court, the missed time limits may be renewed.
2. The rights of ownership to the existing real property of the citizens whose applications for the restoration of the rights of ownership to real property have been filed after 10 September 1993 shall be restored them by giving back land, forest in kind or it shall be compensated in the ways specified in this Law, except in cash (this exception shall not apply in the cases provided for in subparagraph 6 of paragraph 9 of Article 16 and paragraph 3 of Article 21 of this Law), if the ownership rights to this property were not restored before the filing of the application to other citizens indicated in Article 2 of this Law.
3. The citizens who, in accordance with subparagraph 2 of paragraph 2 of Article 5 of this Law, refuse a new plot of land assigned to them for construction of a private house or other purposes, shall be compensated in cash, regardless of the date of filing an application to restore the rights of ownership to real property, if such application has been filed within the time limits set by this Law.
4. Documents confirming citizenship as well as the rights of ownership and relation by blood with the owner must be submitted together with the application for the restoration of the rights of ownership. Citizens who have filed applications to restore the rights of ownership to real property, but failed to submit documents confirming the rights of ownership and relation by blood, must submit such documents prior to 31 December 2003 to the institutions specified in Article 17 of this Law. Citizens who missed the set time limit for the reasons that the court recognises as important, the missed time limit may be renewed.
5. If citizens have applied to the court before the date set in paragraph 4 of this Article regarding the establishment of a fact of legal significance, and a decision of the court establishing a fact of legal significance is adopted after the said date, it shall be deemed that citizens submitted the documents confirming the rights of ownership on time.
Article 11. Contents of Applications for the Restoration of the Rights of Ownership
1. The application for the restoration of the rights of ownership to the existing real property shall contain the full name and place of residence of the citizen entitled to the restoration of the rights of ownership, the full name of the owner of the existing real property and the type, size, location of that property, the grounds for the entitlement to the ownership rights to that property, the present owner of the property, as well as the date and the way that the ownership right was lost.
2. The citizens to whom, according to this Law, the rights of ownership to the whole area of land, forest or water body (provided that said area is vacant and subject to restitution in kind) are not restored, shall, on the grounds of Articles 4 and 6 of this Law, specify in their applications the areas of land, forest or water bodies to which they desire to be restored the rights of ownership.
Chapter III
Conditions By Reason of which the Existing Real Property
shall be PURCHASED by the State
Article 12. The Land Being Purchased by the State
The land shall be purchased by the State from the citizens specified in Article 2 of this Law and it shall be compensated for it pursuant to Article 16 of this Law if:
1) it is occupied by State-owned and local-authority-owned roads; airfields (the list plots of lands thereof shall be approved by the Government); it is occupied by military units and designated for the protection of State borders (plots of land and their boundaries shall be approved by the Government); it lies within the area of the utilised deposits of mineral resources;
2) in a rural area and, after 1 June 1995, within the territory assigned to towns it is occupied, pursuant to laws, by: plots of land of households (homesteads) plots; plots of land necessary for exploitation of buildings and facilities of state institutions and organisations, as well as those serving public needs (under construction or already built) except plots of land occupied by buildings and structures designated for rest and recreation; other territories used for public needs (streets, squares, public gardens, cemeteries, water bodies, beaches, etc.); it is allotted for construction of private residential houses. Areas and boundaries of such plots (territories) of land shall be established in territorial planning documents;
3) it was situated prior 1 June 1995 within the territory assigned to towns and, according to the detailed plans approved in the manner prescribed by law, is occupied by: plots of land necessary for exploitation of buildings, construction works or equipment (under construction or already built); territories in which other infrastructural facilities in use or new ones – the complex (energy, transport, communications, construction, education, healthcare, recreation and tourism, protection of objects of nature and cultural objects as well as waste management, national defence, civil protection, fire protection) of various fields of activities, rendering services to the economy and population, ensuring security of the State and its residents, protection of objects of nature and cultural objects; plots of land intended to be used for ports and their equipment, for building national railways, main pipe installations, high tension power lines, for important construction of national significance, for general purposes of the population, for public construction and recreation; for firming up points of state geodesic, gravimetric and astronomical networks; for matters related to the protection of complexes and objects of nature, archaeology and history; for exploitation and common (public) use of facilities of community economy, social, educational facilities, health resort treatment, recreational, rehabilitation facilities, facilities intended for leisure, which are necessary for fulfilment of municipal functions and the importance of which for the local community is recognised by the municipal council by its decision; for implementation of economic projects significant for the State, the national importance of which is recognised by the Seimas or the Government by a respective decision; plots of land intended to be assigned without payment to the ownership of the persons for private construction under paragraph 2 of Article 5 of this Law, if such plots of land have already been designed on the land subject to be returned to a citizen;
5) it lies within the territory of state reserves, national and regional park reserves and of the national park of the Curonian Spit;
7) the land is, according to laws, allotted and used an individual farm of residents, as well as allotted for office entitlement parcels. The size and boundaries of the plots of such land shall be established in newly drawn-up land survey plans of land reform;
8) it is allotted in a rural area for use by institutions of science and studies, public establishments formed by these institutions, organising practical training and research, establishments of vocational training, state institutions of social guardianship and care, state specialised seed-growing, stock-breeding farms and state-controlled companies and public limited liability companies carrying out specialised seed-growing and stock-breeding activities, in which more than ½ shares belong to the State. The list of users of this land and the size of the plots of land utilised by them shall be established by the Government;
9) it is with formed ponds, industrial fishery ponds (including the land occupied by the equipment of the pond dam);
11) it is allotted and used for a peasants' farm in accordance with laws, provided that the user of such land has been allowed to buy it and cash or single state grants have been paid for it;
12) it lies within the territories of state parks and state reserves which are especially valuable ecologically, archeologically and recreationally. The boundaries of such territories shall be established by the Government;
13) it is occupied by residential houses, parts thereof, flats which are subject to purchase by the State according to Article 15 of this Law. The areas and boundaries of these plots of land, parts thereof shall be defined in territorial planning documents;
14) it lies within the territories assigned to cities in the prescribed manner before 1 June 1995, and is occupied by parks. The Government shall define the boundaries and areas of these parks.
2. The land shall be bought out by the State from the citizens referred to in Article 2 of this Law to whom the missed time limits, specified in paragraphs 1 and 4 of Article 10 of this Law, are renewed by a decision of the court and shall be compensated under Article 16 of this Law, if it:
1) is occupied by plots of land which are designed according to land survey plans of the land reform approved in the manner prescribed by law and intended to be assigned without payment to the ownership to other citizens;
2) was in the prescribed manner situated before 1 June 1995 within the territories assigned to cities in which the strip system was still existent, and is intended to be given back, according to plans of plots of land approved in the prescribed manner by the director of the municipal administration, to the citizens who submitted applications for restoration of the rights of ownership as well as the documents confirming the rights of ownership and relation by blood with the owner prior to the adoption of the decision regarding the approval of these plans.
Article 13. Forests and Water Bodies Purchased by the State
1. Forests and water bodies shall be purchased by the State from the persons specified in Article 2 of this Law and the State shall compensate for them in pursuance with Article 16 of this Law, provided that these forests and water bodies are:
1) assigned to forests of State significance, inland water bodies of State significance. The areas of these forests and water bodies shall be approved by the Government;
2) assigned to state reserves, reserves of state parks and forest reserves plots, national park of the Curonian Spit;
3) assigned to town forests, zone 1 of sanitary protection of towns, town parks. Lists of the above mentioned forests with forest areas indicated therein shall be approved by the Government;
4) assigned to forest genetic preserves, state forest nurseries, state seed-plots and forest seed orchards;
5) assigned to objects of scientific research and training of forestry, as well as of selective seed farming. The areas of these forests shall be approved by the Government;
6) forests of state significance which are situated within a seven-kilometre strip from the Baltic Sea to the Curonian Lagoon, and
2. Forests and water bodies shall be bought out by the State from the citizens specified in Article 2 of this Law, for whom the missed time limits referred to in paragraphs 1 and 4 of Article 10 of this Law have been renewed by a decision of the court; these citizens shall receive compensation pursuant to Article 16 of this Law, if such forests and water bodies are, in accordance with land survey plans of the land reform approved in the manner prescribed by law, occupied by the forest plots or water bodies which are designed to be assigned without payment to the ownership of other citizens.
Article 14. Buildings Used for Economic and Commercial Purposes being Purchased by the State
Buildings used for economic and commercial purposes shall be purchased by the State from the citizens specified in Article 2 of this Law and it shall be compensated for them in accordance with Article 16 of this Law, provided these buildings:
1) have been substantially rebuilt (reconstructed) to such an extent that more than 60 per cent of the main constructions have been altered and it is impossible to separate the created new space from the former one; and
Article 15. Residential Houses, Parts thereof, Flats being Purchased by the State
Residential houses, parts thereof, flats shall be purchased by the State from the citizens referred to in Article 2 of this Law and it shall be compensated for them according to Article 16 of this Law, if:
1) these residential houses, parts thereof, flats have been substantially reconstructed to such an extent that more than 50 per cent of the main constructions have been altered and it is impossible to separate the created new total area from the former one, if the total area exceeds the former by 30 per cent;
2) these residential houses, parts thereof, flats have been acquired into private ownership according to laws;
3) these residential houses, parts thereof, flats have been reconstructed into premises unfit for human occupancy and are used for educational, healthcare, cultural, scientific needs, and by communal care residences. The list of these premises shall be approved by the Government;
Article 16. Compensation to Citizens for Real Property which is being Purchased by the State
1. The State shall compensate citizens for the existing real property which is being purchased by the State, as well as for the real property which existed prior to 1 August 1991, but after that did not survive due to the decisions adopted by the State, municipal institutions.
2. When the State compensates citizens for the real property which, according to this Law, is not given back in kind, the principle of equal value shall be applied to both the property that is not being given back and the other property which is being assigned instead of it as compensation for the property purchased by the State.
3. When compensation is provided for the real property purchased by the State and for the real property which, in the cases provided for in this Law, citizens do not desire to get back in kind, compensation (the value of the land, forest, water body which are assigned without payment, the sum of money paid) shall be calculated according to the estimating method approved by the Government, taking into account the actual value of the property that is being purchased and the other property which is being assigned at the moment of providing compensation. When compensating for the land which is situated within the limits of a town, it shall be adhered to a stipulation that, the land, assigned to towns after the unlawful nationalisation of land, shall be valued at the average market price of agricultural land situated in suburban areas, and the other land lying within the town area shall be valued at the average compensation price fixed by the Government for that town.
4. When compensating for the land, forest, water body which are not being given back, equal value of the land, forest, water body which are being assigned to ownership instead, shall be set in accordance with the methods approved by the Government.
5. Citizens may be compensated for the land and water bodies in protected areas, which they do not desire to be given back in kind in the former locality, by assigning to ownership a plot of land or a water body respectively, equal in value to the plot of land or the water body held previously, from the vacant land stock pursuant to the order of acquisition of areas of land, water bodies established for citizens in the Law on Land Reform, as well as an equal in value plot of land which he uses and which adjoins the buildings owned by the right of ownership, shall be assigned to ownership without payment, except for the cases provided for in paragraph 7 of this Article.
6. Forest which citizens do not wish to be given back in kind in the former locality, may be given back to them by assigning into ownership a plot of forest of equal value from the vacant forest stock only for the previously held forest plot or the land covered by forest growth and only in those counties in which the said citizens reside.
7. Land, forest or water bodies in state parks and state reserves shall without payment be assigned to ownership in an area of land, forest or water body of equal value, without parcelling out a plot, except land of an individual farm, only for the land, forest or water body possessed in that state park or state reserve and only to those citizens who resided in that state park or state reserve prior to 17 August 2001 and still reside there (or resided there on the day of his death, if a citizen to whom the rights of ownership are being restored has died).
8. Compensation for the buildings used for economic and commercial purposes, residential houses, parts thereof, flats which are not being given back according to this Law, shall be established in accordance with the methods approved by the Government.
9. The State shall compensate the citizens for the land, forest and water bodies which are being purchased by the State, in the following ways:
1) by assigning an area of land, forest, water body which is equal in value to the one held previously. It shall not be compensated for the land lying within the town territory (except for the owned forest which was situated within the town limits) with forest;
2) by making void by the law liabilities of a citizen to the State, which were incurred after the appropriation of real property, but prior to the day of the decision of restoration of the rights of ownership;
4) by assigning without payment into ownership a new plot of land, equal in value to the one held previously, for construction of a private house in towns and rural areas, where the previously held land was situated, a plot of land adjoining the buildings possessed by the right of ownership, equal in value to the one held previously, (irrespective of the locality of the previously held land). In the manner prescribed by the Government, a new plot of land, equal in value to the one held previously, for construction of a private house may, upon the citizen’s request, be assigned without payment to ownership in towns and rural areas other than those where the previously held plot of land was situated, except in the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and Neringa;
5) in cash - by purchasing the plots of land or forest situated in the rural area, with the exception of the cases specified in Paragraphs 7 and 10 of Article 4, and Paragraphs 3 and 7 of Article 6, as well as except the case when the land has been acquired into private ownership from the vacant land stock, which was not desired by the citizens, specified in Article 2 of this Law, to be returned. The amount of the compensation in cash may be increased by 15 per cent, provided that the rights of ownership to the land, which is purchased, have been or are restored to the citizens of the Republic of Lithuania - volunteer soldiers of the 1918-1920 struggles for independence, participants of the opposition (resistance), political prisoners, deportees or the persons decorated with the Order of the Cross of Vytis, their spouses, parents (adoptive parents), children (adopted children), and that this land, pursuant to Article 12 of this Law, is assigned to the land subject to purchase by the State and is used for an individual farm or a peasants’ farm, or office entitlement parcels;
6) in cash - by purchasing the land which until 1 June 1995 was assigned in the prescribed manner to the town territory;
7) in cash - to political prisoners and deportees, citizens of the Republic of Lithuania, who have returned from deportation after entering into force of this Law and who do not desire to be given back land, forest and water bodies in kind in rural areas; and
8) in cash - to the citizens who have refused to accept a new plot of land assigned to their ownership without payment for construction of a private house in towns, by giving them as a compensation an average amount of money fixed by the Government for a plot of land in that town, the size whereof is established by the Government;
10. The State shall pay citizens for the residential houses, parts thereof, flats which are being purchased by the State in the following ways, justly compensating according the market value in compliance with the Law on the Basis of Property and Business Assessment:
1) by assigning without payment into the ownership the flats, rented by them, from the state or municipal housing stock, the difference in values whereof shall be paid in the manner prescribed by the Government;
2) by assigning, in the manner prescribed by the Government, without payment into ownership the flats which are equal in value to the previously held houses, parts thereof, flats;
3) by assigning without payment into the ownership a new plot of land for construction of a private house, equal in value to the houses, parts thereof, flats held previously, in the locality where they were situated. At the request of a citizen, an equivalent new plot of land for construction of a private house may be, in the manner prescribed by the Government, assigned without payment into the ownership in the towns and rural areas other than those where residential houses, parts thereof, flats were situated, except the towns of Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė, Druskininkai, Palanga, Birštonas and Neringa;
4) by assigning without payment into the ownership vacant, not rented buildings, structures or the parts thereof equal in value to the houses, parts thereof, flats held previously. The procedure for the assigning of these buildings, structures and parts thereof shall be established by the Government;
5) by making void by the law a citizen’s pecuniary obligations to the State which occurred after the taking away of the real property up to the passing a decision to restore the rights of ownership, in accordance with the procedure established by the Government;
6) by assigning without payment into ownership other property in the manner prescribed by the Government; and
Article 17. Institutions that Consider Applications of Citizens for the Restoration of Ownership Rights
1. Citizens’ applications concerning restoration of the rights of ownership to land, forest and water body shall be considered by the National Land Service under the Ministry of Agriculture.
2. Citizens' applications for restoration of the rights of ownership to residential houses, parts thereof, flats, economic-commercial structures shall, in accordance with the procedure established by the Government, be considered by the director of the administration of a municipality or any other institution authorised by the Government.
Article 18. Adoption of Decisions on the Restoration of Ownership Rights
1. Institutions specified in Article 17 of this Law must consider the applications of citizens and adopt decisions concerning the restoration of ownership rights within 6 months following the day that the documents confirming the right of ownership and relation by blood or connection by marriage are submitted, and other documents, specified in this Law, are prepared.
2. The citizens specified in Article 2 of this Law must be informed about the time of the adoption of a decision. If such citizens fail to attend the deliberation, a decision may be adopted without them participating.
3. In the absence of a possibility to give back the property in kind according to this Law, the institutions which consider citizens’ applications for the restoration of the rights of ownership, must propose in writing other forms of compensation, which are provided for in this Law.
Article 19. Procedure for Appealing against Decisions Pertaining to Restoration of the Rights of Ownership
1. Decisions adopted by the institutions specified in Article 17 of this Law concerning the restoration of ownership rights to the existing real property may be appealed in court within 30 days following the issuing of said decisions to citizens.
Article 20. State Guarantees to Tenants and Owners of Residential Houses, Parts thereof, Flats. Rights and Duties of Tenants and Owners
1. When the rights of ownership to a residential house, a part thereof or a flat are being restored, the director of the administration of a municipality must, together with a decision to give back in kind a residential house, a part thereof or a flat to the citizen, issue to the tenants living there a State guarantee document with respect to State guarantees provided to the tenant. When such a decision is taken by another institution authorised by the Government, the director of the administration of the municipality shall issue a State guarantee document with respect to State guarantees provided to the tenant within 3 months from the adoption of the decision. Such guarantee document shall be issued to the owner of a house, a part thereof or a flat which is being given back.
2. A residential house, a part thereof or a flat which is given back and in which tenants live must be rented by the owner to a municipality until the State will fulfil the guarantees provided to them. Until then the owner shall not be permitted to evict tenants, with the exception of the cases provided for in the Civil Code. If the owner fails to carry out the duty to rent living quarters to a municipality, the municipality may appeal to the court so that the latter would obligate to conclude a tenancy agreement.
3. The amount of a rent fee for residential houses, parts thereof, flats rented by a municipality from an owner shall be fixed by agreement of the parties; however the maximum amount of a rent fee may not exceed the maximum amount of a rent fee as fixed in accordance with the procedure laid down by the Government. The municipality shall, in accordance with the procedure laid down by the Civil Code, sublease the living quarters to the tenants who live in the said living quarters. These tenants shall pay for the supply of cold and hot water, electric energy, gas, thermal energy and public utilities in accordance with the procedure prescribed by the Government and shall be released from the payment of rent. The terms and conditions of concluded tenancy agreements shall not be altered.
4. Expenses incurred by municipalities and related to rent relations shall be assigned to the funds intended for adoption of decisions with respect to requests of citizens for restoration of the rights of ownership, and shall be compensated to the budgets of municipalities from the state budget.
5. If the owner of a residential house sells a residential house, a part thereof or a flat which has been given back to him, the tenants shall enjoy the right of pre-emption.
6. Tenants who remained to live in the residential houses, parts thereof, flats the owners of which do not wish to have them given back in kind, shall be granted the right to privatise them under the conditions and according to the procedure laid down by the Law on Housing Acquisition and Rent. State guarantees shall not be granted to and implemented for such tenants.
Article 21. Special Provisions Pertaining to Application of this Law
1. Applications of citizens for restoration of the rights of ownership, which have been submitted within a time-limit established by the Law of the Republic of Lithuania on The Procedure and Conditions of Restoration of the Rights of Ownership of Citizens to the Existing Real Property and have not been considered before coming into force of the Law of the Republic of Lithuania on The Restoration of the Rights of Ownership of Citizens to the Existing Real Property, shall be considered and decisions concerning them shall be adopted in compliance with the provisions of this Law.
2. Citizens, who filed applications to restore the rights of ownership to the land which prior to 1 June 1995 was attributed in the prescribed manner to the territory of towns, may, if a decision has not been adopted concerning the restoration of the rights of ownership, change before 1 June 2012 the wish regarding the form of compensation and request to receive compensation in cash for the land bought out by the State.
3. A citizen, who has submitted an application for restoration of the rights of ownership to the existing real property by compensating in securities, shall be entitled to change before 1 July 2013 the wish for the way in which the rights of ownership to the existing real property is restored. If a decision to restore the rights of ownership to the existing real property by way of compensating in securities has already been adopted, at the request of the citizen an institution that deals with citizens' applications for the restoration of the rights of ownership to the existing real property to which the rights of ownership are restored for the citizen, it shall be replaced according to the administrative procedure. Citizens must submit before 1 July 2013 a request for replacement of the adopted decisions.
4. In the event where citizens have not expressed within the statutory time limits a wish regarding the form in which the ownership rights to the real property are to be restored or the compensation for the property, subject to buying-out by the State, is to be provided, or have not expressed a wish regarding the change of the form of compensation where the form of restoration of the rights of ownership is not provided for in this Law or there are no possibilities to restore the rights of ownership and (or) to compensate for real property in the indicated form, the rights of ownership shall be restored for such citizens in cash.
5. The institutions specified in Article 17 of this Law must, within a month from the decision on the basis of which the existing real property is no longer subject to buying-out by the State, inform in writing in accordance with the procedure laid down by the Government a citizen whose application to restore the rights of ownership to the existing real property they consider and whose existing real property has been attributed to the property subject to buying-out by the State about a possibility to return in kind such existing real property and to offer the citizen to change his wish regarding the form in which the rights of ownership to the existing real property are restored, provided that a decision on restoration of the rights of ownership has not been taken. Within three months from the receipt of the proposal of the institutions referred to in Article 17 of this Law, the citizen may change the expressed wish regarding the form in which the rights of ownership to the real property are restored and request that such real property be returned in kind, by informing in writing about this the institution which considers his application to restore the rights of ownership to the existing real property. If the citizen has not expressed within the set time limit a wish regarding the change of the form in which the rights of ownership to the real property are restored or refuses to change the expressed wish regarding the form in which the rights of ownership to the real property are restored, the real property shall be managed, used and disposed in accordance with the procedure laid down by the law. In the event a decision regarding the restoration of the rights of ownership to the existing real property is taken, the institutions referred to in Article 17 of this Law, which consider applications of citizens to restore the rights of ownership to the existing real property to which the rights of ownership have been restored to the citizen, must inform in writing in accordance with the procedure laid down by the Government, the citizen, whose existing real property was attributed to the property subject to buying-out by the State and was not returned in kind, about a planned transfer of this property into the private ownership and available form of transfer of this property into the private ownership.
6. The citizens whose rights of ownership to agricultural land and buildings used for economic and commercial purposes have been restored by giving them back in kind, shall have the right of priority to acquire the buildings, structures which belong to the State, local authorities or agricultural companies and which are situated within the boundaries of the land which has been given back to them, or near the returned buildings which are used for economic and commercial purposes. These buildings, structures shall be acquired according to the procedure established by laws.
7. The amount, sources, terms and procedure for paying compensations provided for in this Law for the real property which is purchased by the State, as well as the procedure and conditions of state guarantees established in Article 20 of this Law for tenants and owners, rights, duties and privileges of possessors of state guarantees shall be established in the Law on the Amount, Sources of Compensations for the Real Property Bought out by the State, Terms and Procedure of Payment of such Compensations as well as on State Guarantees and Privileges Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property.
8. The citizens who, in accordance with paragraph 8 of Article 4 of this Law, have taken a plot of land situated in another rural area or who, in accordance with Article 16 of this Law, instead of the plot of land in the rural area, which is being purchased by the State, have been given an equivalent plot of land in another locality, may, in the manner prescribed by the laws, make use of the privileges and support granted by the State for the moving of a homestead and setting up of a farm.
Article 22. Invalid Legal Acts
Upon coming into force of this Law, the following legal acts shall become invalid:
1) the Law of the Republic of Lithuania on The Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property;
2) the Resolution of the Supreme Council of the Republic of Lithuania on Coming into Force and Procedure of Application of the Law of the Republic of Lithuania on the Procedure and Conditions of Restoration of the Rights of Ownership to the Existing Real Property;