Regulation about Land Allotment Mediation, Creation and Discussion Order, 1991

REPUBLIC OF ARMENIA MINISTRY COUNCII, DECISION A.bout confirmation of the regulatiort of land allotment mPrliR~inn rrPR~inn ~nrl rliRr11~~ir'"lM nrrl•~ /March 5,1991,#166 Yerevan/ Republic of Armenia Mi~istry Counci~ Decides: 1. Cr..:infirm the regulation about land allotment mediati.ori. creation and discussion order /attached/, 2 Consid•r. tri h<'IV<? lr'"lst H:s 1:orr,;, d;::,.rir:;i0n # 71S of Minist"'!'.'y Council of A?:menian SSR, December 13, 1974, "A.bo\:l.t. Confirmation of Regulation of Land Allotment Mediation creation and Lliscuss1on order". Prime Minister of Republic of Armenia V. Manukian Deputy secretary of Mini~try Council of Republic of Armenia H. Hakobian l Confirmed by the·decision. of Ministry Council of Republic of Armenia March 5, 1991, decision # 156 Regulation al;?.9..1!.!:. J,.sind .al),.9~~.t m~.<;liatt.9..!1.....£.f~On and di§.~~esio.P.:. ord.~.~ General provisions 1. The following regulation determines the order of alienatior. and allotment of all kinds of land plots, independently from the fact: who uses or owns them. 2. It is prohibited for Ministries, departments, organizations, projecting or other institutions tu make: surveys or p . .t:'ajet..:Ls on land plots belonging to agricultural organizations, institutions, forestry, private owners or land users, without the decision of Min.istry Counc.il of Republic of Armenia. 3. In the case of alienation or temporary i..J.se of land for state or public needs land users or land owners must be compensated for damages. compensation mui::it be pald for damages caused to land, ;'louses, cultural-social objects, industrial and other buildings, for their transportation to new plades, for the price of fruit and other perennial trees and the price of not finished activity (ploughing, fr:>rri·li-,1ng, ,:;owing, Pt"'<'.' i fnr thP. pri CR of agr'i cultural harvest and other expenses of land user and land owners~ which concern land alienation and allotment. Land plots allotted to citizens, farmers and collective farms of the Republic of Armenia can be alienated in the case when new land plots are allotted to citizens, farmers ar.d collective farms, by their agreement. Org;;;in17...it"'.inn~ anrl in~J-.itur.ions:: musr compensate a citizen, a farmer or a collective farm by building new houses, industrial 2 and other objects on the new plot, if such objects have existed nn r-.h,.,, former plot. and by paying oth~~ ~xp,-.;ne:i~."1.. 1. On the land plots of farmers or collective farms agr1cu1Luri:i.l .f)L'UtlucLluu ulJjec\..;:; Cdil b~ UullL unly when auchorized by the local (regional or city) councils. The list of settlernencs, where building of agricultural production objects is allowed only for personal plots is made by Ministry Council of the Republic of Armenia. c,. r~ir.1z~ns, farmen, and co}lecr.ivM farm;::,, '\.nel,t".it ut.inns and organizations can begin using their plots after determination of the boundaries of these plots and upon :reception of docume.1ts authorizing their right tor :.:he plots. Citizen$, farmers and collective f3rms can buy an.d sell their plots according to the order, determined by the Law "2\.bout Farmers and Collective Farms". The order of alienation and allotment of olots 6. To alienate or allot plots for building of objects of state importance local land age~cy makes a registration record, A preliminary survey (land estimation and registration of registrition doc1.1ment. Registration document is made for building of the whole obJect 7, In the case of allotment an extra plot for the existing object, during the preparation of registration document a scrupulous survey of preliminary allotted -plot. is made and t:he method of it:s use is revietlle?d. 8. The allotment of plots for non-agricultural uses is made gradually, according to their development and, as a rule, after the collection of the harvest. 3 9. If the plot is allotted for minerals extract~on by the open method or for a kind of buildinq which .spoils the fertile layer of land, then the organizations and institutions allc~tting land plots must extract and save this layer in uLU~i to u~e it later for recultivation of land. The order of land allotment mediation c~eation and discussicn 10. Citizens, f.arrner::; a.nd collective fr:11;ms of the Republic of Armenia, institu::.ions, public and religious o:r:gctni2ations produce a request for a plot allotment to the local deputy council executive committee, indicating the location of the plot, allotment purpose and the size of needed plot, 11. The executive committee of the local deputy council considers the request within 10 days and makes a L~yl:;1t.tc:ttiun dc,cumen.t £01,- the plot through the land agency. 12. In the case if the requested plot is owned by citizens, farmers or collective farms, duTing the preliminary consideration of the matter the demands of the former owner must be satisfied, accordinq to Article 3 of the following regLi1ation. Lcui.U J.l;;;vuL~::. r..:unc~rni1ig allotment:, alienation, termination of rights for land owning and using are solved by the arbitrage. 13, In preparation of documents for land allotment, map of the region, proiect of the plot development, maste:r plan of the settlement development, physical geog:raphy and SU't'V'~Y materials, comparative land estimation materials, ~t;;l::.lttulu~il:, et:ological and other mat~rial:5 nec~s:,arily muzit be considered. 4 14. Selection of land plots is made in two ways, taking into conii:id.eratiori thoir economic :.:ind ot:hQ:,; ;;.dv.;:.tnt::.:.ges, 15. Local land .'?':"r;;form and privatization committe~~ activity results are registered registered plot with by a cteect, in wh1ch the areas ot the its land variations, its kadastre estimation, compensation price, characteriscics, conclusion of che committee about its location '2xpediency aY.a described. J.".J. Land allotment fo:c non-agricult.1.i,ral uses is u\ac..k in t.\-Jo phases-preliminary and final. a. The purpose ot prel1minary allotment 1s to make the project of object location, considering the size of necessary plot, b. 'The purpose of final allotment is to make the final allotment in the boundaries, defined by the project. 17. Tho m,'at:orials of J..a.nd allot:ment: {preliminary ;,,.nd fin.al) ,;:1.re presented to the Agricultural Ministry of the Republic of Armenia by the executive committee of the local deputy council. 18. For preliminary allotment the following documents are necessary: a, Rcqucot of the higher body of tho mediator organization or institution for land allotment, b. Joint deed of local and regional committe.e.s, which select plots. c. Deed of plot estimation. d. Conclusion of the local deputy council. e. Map of allotted plot landscape, where the boundarie.s and area of the requested plot and its kadastre estirraticn £. Agreement of the land owner or user for the allotmenr. of the plot. g. Agreement of the higher organization o·f the former user. 5 19. The Agricultural Ministry considers received preliminary allotment doct.ment and presents its conclusion together with decision project and materials tc., Minist:ry Council of the Republic of Armenia for discussion. If within 2 years after the decision abou~ building of the object is made, the materials about final allotment are nor.. pre$ente:d to the Ministry Courrcil by the established order, the land user loses his right of land use. 20, For final allr:itment the following documents are hecessary: a. Development project of the allotted plot with its land varicttions. b. Final deed of land estimation, c. Title-page of building. d. Decision of the Agricultura.l Ministry of the Republic of Armenia together with the decision project. Thel!le mat al ore prc::icnt:cd for diocuooion to Minictry Council of the Republic of· Armenia and it makes a decision about land allotment for building of the object, A state deed of right for land use is given to organization and institutions, and only after that they have riqht to beqin development works. After making decision about land allotment to a new land user, he mU$t compensate the damages caused to the former user wlt.hlu 3 mouth15, according to the c::;itimution deed. 21. In the case of minerals extraction by the open method a conclusion of appropriate bodies about reserves is necessary for land allotment. 22. In the case of allotment of plots which have preservation importance (preserves, national parks, botanical ga.:r:den5, natural monumento) ouboto.ntiation of special conditions of the requested area is necessary, 6 except the documents, described in Articles 18 and 20 of t.:.he fr-il1.r:n.tlng rFg11l:,ii:i0n. 23. Allotment of plots of :recreational areas [rest homes, holiday hotels, health resorts, tourist centers, .health camps, children tourist center.s, parks around cities and settlements, green zones, tourist paths, marked ways and sport camps, which are not included in plot:s of health importance) is made according to Articles 18 and 20 of the 24. In the case of a:lotment of plots which have 25. historical-cultural serves, memorial impo::tance (h1stor1.ca.l-cultural pre parks, historical and architectural monuments, architectural-landscape complexes), substantiation of special conditions of the requested area l.s necessary, except the documents, described in Articles 18 and 20 ,:::if the followinry reg1,.1.lat.:.ion. Allotment of plots included in forest, water fund, transportation communJ..cation and other non-agricultural land.. is made accordingly to Articles 18 and 20 of the following regulation. 26. Accommodation of objects which influence negatively on l;and ;:..nd environm<a. t is m.ad...a by a stat<a.\ committ:.€llil constituted by Ministry Council of the Republic of Armenia, which includes representatives of central, branch, regional, l ocal committees ot land reform and privatization, architectnral and urban development state committee, central agency of historical and cultural monuments prese:r:vation an::l use, state committee of nature and land development service and other interested organizations. Land allotment for the mentioned purpocee io made aGaording:ly t.o P,.,,rti.cl~s 19. and. 20 of the following regulation. 27. If land plots, allotted for non-agricultural uses to organizations and institutions are not used in designed 7 20. purposes within 2 years, they are alienated by the established orde:r and stay under the authority of the local council. I'crsonal plot:::i nrc ollot.t.cd t.o citi:.:ic.nc with right to own them from reserve fund in the following order: the local (viJ.lage, settlement) deputy council creates mediation to the regional deputy council, which creates a registration document wi:hin 10 days and after making decision sends it to the Agricultural Ministry of the Rrepubl tc of Armenia, attaching the fed.lowing documents: a. Mediation of the local (village, set".tlement) deputy council. b. Map of allotted plot, with the de.script ion of land variations, c. Conclusion of chief em;ineer-land surveyor. d. Decision of the regionc.l deputy council. The Agricultural Mihistry of the Republic: of Armenia considers the matter and presents its conclusion together with Lhe: dtci1Slon project to Ministry Council of t.hc Republic of Armenia for determination within 10 days. Ministry Council of the Republic of Armenia considers the matter and makes a decision. about allotment of the personal plot. 29. Plots are allotted to farmers and collective farms as v-:-lvat~ propert,y wit.h partial compenoation, which c::::rn. be paid by a one-time payment. Allotment is made according to the decision of Ministry Council of the Republic of Armenia, taking into consideration the decision of the village, settlement, region or deputy council, within its authority. The following documents must be included into the r\'.::'::1.i..st,ration document5, 8 a. Request of a farmer or a collective farm to the local deputy council I in which the purpose of plot allotment is indicated. b. Conclusion of the appropriate committee of land reform and nri vat:i.zat ion and decision about plot allotment to farmers or collective farms (for 2 years). c. Plan of plot development, where land variations are indic<!tted .. A:ter the decision of Ministry Council of the Republic of Armenia the plot boundaries aye marked in nature and a state deed about land use is given. The order of allotment of state fund summer and winter oastures for live-stock farming 3 o. Summer and winter pctstures, independently of the fact 31. in which administrative region they are located, are allotted for live-stock farming to farmers, collectives, aqricultural orqanizations, institutions and citizens by the decision of Ministry Council of the Republic of Armenia for 1 year, by lease. rent is paid to the accounts of the t:'.X.et..uLlv~ c..:ummiL.te::e::, uf lvc;a.l d<::::puty ..:.ouncil::, aud ue..ed foJ. cultural- technical purposes. Agiicultural organizations, institutions, farmers 1 collective farms and citizens who need summer and winter pastures for live-stock farming present their requests to the Agricultural Ministry of the rep1.iblic 1 indicating t:he location of the plot, quantity of live-stock and their kind. 32. Tlie A~L·.icu.lL.u.c.d.l Ml11l::;L.Ly curn::d.i..h:!Lt:;; l..11':c! l\lctLL':c!L cti.L'J presents its conclusion together with the decision project to Ministry Council of the Republic of Armenia. 33, To the document of Lie Agricultural Ministry Of the Republic of Armenia presented to Ministry Council of the 9 Republic of Armenia the following documents must be attached. a. Requests of agricultural organizations, institutions, collectives and citizens about plot allotment. b. A ~esume about the quantity and kind of live-stock of the organizations, ins~itutions, collectives or citizens. c. Conclu8ion of th~ Agricultur~l MiniGtry of the Ropublic of A~menia and the decision project about plot allotment. d. A resume about rental payment size. e. The roap of the allotted plat. The order of allotment of glots for hbr~iculture (gottagesl to citizens and collectives 31, Upon the request of citi~ons and coll,::;ctiv0.c plots for 35. horticulture (cottages) are allotted by decision of regional deputy councils, according to the plan made and established for that region by Ministry Council . For the ment.1oned use plots can be allotted according to Article$ 18 and 20 of the following regulation. Land allotment to collectives 1S fulfilled by the For the effective use of horticultural plots {cottages) which are est.ablished by the plan, the local deputy councils must allot the plots gradually, by land masses, after allotting one land-mass entirely, 36. For collective horticulture (cottages) the projects of development .::i.nd eotim.::ttlon docvment,l.:l ar.;, prepar,.;,d ;;u·,d confirmed by executive committees of local councils and presented to citizens and collectives ctfter they pay the cost of the project to the accounts of the council. 10