ON THE SALE OF LAND LOCATED OUTSIDE THE BUILT-UP AREA
ON THE SALE OF LAND LOCATED OUTSIDE THE BUILT-UP AREA

Summary/Abstract: The disorder that characterized the land ownership records and the legislation dedicated to the transfer of the land ownership rights had dramatic consequences on agriculture, Romania turning from a net exporter of food products to a net importer.Adoption of Law no. 17/2014 is a rather late attempt to stop especially speculative transactions with land that are thus stolen from agricultural production. It regulates only the alienation by sale of agricultural land located outside the towns. The provisions of this law apply to Romanian citizens, respectively to the citizens of a European Union Member State, of the states that are party to the Agreement on the European Economic Area (ESAA) or of the Swiss Confederation, as well as to stateless persons domiciled in Romania, in a European Union Member State, in a state that is a party to the ASEE or in the Swiss Confederation, as well as to legal persons of Romanian nationality, respectively of a nationality of a Member State of the European Union, of the states that are party to the ASEE or in the Swiss Confederation.The most important provisions of the law are devoted to the establishment of preemption rights when buying agricultural land located outside the built-up area. Preemptors are divided into seven ranks and, in principle, can be given priority when buying agricultural land in the order in which they belong. In order to exercise the right of preemption of tenants, young farmers and subjects of law coming from the abovementioned states, some additional conditions have been established. The verification of the fulfilment of these conditions is done by the administrative authorities provided by law.The alienation by sale of agricultural lands outside the built-up area, which are located at a distance of 30 km from the state border and the Black Sea coast, towards the interior, as well as of those located at a distance of up to 2,400 m from the special objectives, but also of the agricultural lands on which archaeological sites are located, on which there have been established areas with spotted archaeological patrimony or areas with archaeological potential incidentally discovered, is subject to additional administrative control.Failure to comply with the provisions of Law no. 17/2014 is sanctioned with the absolute nullity of the agricultural land sales contract.

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