AGRICULTURAL LAND – THE PEARL OF ROMANIA. A HISTORY OF LEGISLATIVE CHANGES WITH MAJOR IMPACT ON THE AGRICULTURAL SECTOR
AGRICULTURAL LAND – THE PEARL OF ROMANIA. A HISTORY OF LEGISLATIVE CHANGES WITH MAJOR IMPACT ON THE AGRICULTURAL SECTOR

Summary/Abstract: The legal regime of agricultural lands has changed frequently over time, with important consequences in the agricultural sector. Most of the amendments simplified the transactions in the real estate sector – the free circulation of lands, opening the land market to foreigners, however others slowed down, but in the same time offered a more powerful protection to the civil circuit – the authentic form of all deeds in real estate, the pre-emption right upon the sale of extra muros agricultural lands. The legislative amendments adopted throughout time also referred to the categories of agricultural land on which it may be built or the condition related to the surface of the acquired arable land per family. Urban planning and permitting construction works in respect of withdrawing from the agricultural circuit of agricultural lands also suffered amendments. As regards the cumulative conditions to be met in order for a court decision operating in lieu of a sale-purchase agreement to be given in the field of sales of extra muros agricultural land, the notary practice and the courts’ judicial practice is extremely rich and varied. The latest proposed amendments in the real estate sector, mainly with respect to agricultural bring a real reform in the industry, by establishing seven ranks of pre-emptors, very restrictive conditions for natural persons and legal entities to purchase extra muros agricultural lands, restraints on the sale of the extra muros agricultural lands for a period of 8 years following purchase thereof, the obligation of extra muros land owners to use them solely for agricultural activities. However, it is to be noted that these newly proposed amendments are currently under constitutionality review, for criticisms composed of both extrinsic and intrinsic grounds.

• Details
• Contents