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Concerning the land


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L A W


No. 7715 dated 2. 06. 1993

CONCERNING SOME CHANGES AND ADDITIONS TO LAW NO. 7501 DATED 19. 07. 1991 “ON THE LAND”

Based on article 16 of Law no. 7491 dated 29. 04. 1991 “On basic constitutional provisions” upon proposal from a group of deputies,


The People’s Assembly of the Republic of Albania

HAS DECIDED AS FOLLOWS:


Article 1
To make the following changes to article 1 letter “c”:

Delete the word “etc.” after the words “their yards”.

Delete the word “etc.” after the words “historical and archaeological” and add the words “and all other pieces of land not included in points “a” and “b” of this article”.

Article 2


In article 2, after the words “the right of ownership” the following words are added “over the plot of land”.

Article 3


After article 3, add article 3-a reading as follows:

“Owners of the agricultural land may lease it to physical or legal entities, national or foreign.

The provisions of the Civil Code relative to lease contracts will apply for purposes of regulating lease of the agricultural land”.

Article 4


At article 4, paragraph one, the word “ground” must be replaced with the word “land” and after the words: “… for construction….” Add the words “and other economic activities”.

Article 5


Article 7 is changed as follows:

“For purposes of granting land in ownership or utility title to physical or legal entities, as well as to prevent social disturbances, are established: the State Commission on Land at the Ministry of Agriculture and Food, the commission for land distribution at the council of the region; the commission for land distribution at the commune; and the commission for land distribution at the village.

The duties and rights of the commissions are defined by decision of the Council of Ministers.”

Article 6


Add the following paragraph at article 10 reading:

“If in a village the distribution of the land patents is complete and any physical or legal person refuses to accept the patent, the commission notifies the person in writing within 15 days from completion of patent distribution to present himself to pick it up. If within one month from the day of receiving notification, the subject will not pick the patent up, or in the case of subjects who, having accepted it initially, notify in writing of the desire to relinquish the title, these subjects instantaneously loose the right to ownership or to utilization.



Article 7


At article 19, after the words “… various constructions” the words “and other economic activities …” are added.

Article 8


Article 21 is changed as follows:

“Local government bodies, within their jurisdictions, must prevent the seizure or exploitation of land in manners that conflict with this law and relevant by-laws to implement this law.

In cases of seizure, damage and illegal constructions by physical and legal persons, the village burgomasters, land distribution commissions until such time as they remain in force, cadastre employees, legal city-planning employees and police members are obligated to denounce the violations of this law.

The owners and users of the land who have acquired the land patent are also entitled to the right to denounce violations described in this article.

Denunciation is made within 2 days of the violation by handing in a report to the commune or municipality council of the jurisdiction where the violation has taken place.

The council of the commune or municipality, within 15 days from receiving notification, is obligated to convene and deliberate on:



a) The release and restitution of land to its former condition within 3 days;

b) Demolition of the illegal object and restitution of the land to its former condition within 5 days; (expenses incurred by returning land to its former condition are charged to the violator. With regard to points “a” and “b” action is also taken when such changes are made as may conflict with the destination of agricultural land.);

c) Punishment by a fine of 5 leks per m2;

d) Indemnification of the economic damage caused by the violator to the physical and legal entity who has obtained the land either in ownership or in utility title.

When the land is not title of physical or legal entities, indemnification is due to the municipality or commune.

For points “c” and “d” action is taken when the seized land is still utilized for agricultural purposes.

The decision of the commune or municipality is final.

Public Order structures in the area of their jurisdiction are obligated to execute the decision of the council of commune or municipality within 5 days.

When the violator is an inhabitant of another district, the public order structures of the jurisdiction where the violator lives are obligated to implement the decisions.

In the event that, after the administrative measures described by this article, the violator refuses to implement the decision, the council of the commune or municipality denounces the issue with the judicial authorities of the district.

Article 9


At article 23 delete words: “… do not utilize the land themselves, but give it out to third parties” and the words: “… set up illegal buildings”.

Article 10


This law enters into force immediately.
Promulgated with Decree No. 574 dated 26. 06. 1993 of the President of the Republic of Albania, Sali Berisha.

L A W


No. 7763 dated 25.10.1993
CONCERNING

SOME ADDITIONS TO LAW No. 7715 DATED 2. 06. 1993 “ON SOME CHANGES AND ADDITIONS TO LAW No. 7501, DATED 19. 07. 1991 “ON THE LAND”

Based on article 16 of the law no. 7491 dated 29. 04. 1991 “On Basic Constitutional Provisions” upon proposal from a group of deputies,


The People’s Assembly of the Republic of Albania
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