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The necessary endorsement for the alienation of agricultural land located outside urban areas may be requested by any person who owns agricultural land outside urban areas, for the purpose of selling.
For the application of the provisions of this procedure, the town halls have the following duties (according to Order No. 719/740/M.57/2333 of May 12, 2014 regarding the approval of the methodological norms for the application of Title I of Law no. 17/2014 regarding certain measures for the regulation of the sale-purchase of agricultural land located outside urban areas and for amending Law no. 268/2001 regarding the privatization of commercial companies that manage public and private state-owned land intended for agricultural use and the establishment of the State Domains Agency):
a) registers the seller's application, accompanied by the offer for sale of the agricultural land and the supporting documents provided in art. 5 para. (1) of this annex;
b) establishes, organizes and manages the Register for recording offers for the sale of agricultural land located outside urban areas, on paper and in electronic format, which shall include at least information concerning the identification data of the seller, the surface of the agricultural land located outside urban areas offered for sale, their category of use, sale price, location identified by block and plot or, as the case may be, the location of the land established by the site and delimitation plan drawn up in the 1970 Stereographic national projection system, issued by the territorial office as a result of the acceptance of the cadastral documentation for the property in respect of which the endorsement was requested, the minutes drawn up for each stage of the procedure, the certificates issued for the free sale of the land, as well as any correspondence relating to the implementation of the procedure;
c) posts the sale offer at the town hall headquarters and on its own website, as the case may be, in accordance with the provisions of art. 6 para. (2) of the law;
d) based on the information contained in the sale offer, sends the list of pre-emptors to the central structure or to the territorial structures, as the case may be. The list of pre-emptors is posted at the town hall headquarters and, where applicable, on its own website;
e) sends to the central structure or to the territorial structures, as the case may be, the file containing all the documents provided under letter a);
f) during the period provided in art. 6 para. (2) of the law, registers and posts at the town hall headquarters and on its own website, as the case may be, all communications of acceptance of the offer for sale of the land, filed by any of the pre-emptors included in the list of pre-emptors or by other pre-emptors not included in the list and who prove this status by supporting documents after the list has been drawn up, for the exercise of the right of pre-emption regarding the respective sale offers;
g) sends to the central structure or to the territorial structures, as the case may be, in copy, all communications of acceptance of the offer for sale of the land, submitted by any of the pre-emptors during the period provided in art. 6 para. (2) of the law, accompanied by the documents provided in art. 6 para. (2) of this annex;
h) takes the necessary organizational measures for the conduct at the town hall headquarters of the procedures relating to the exercise of the right of pre-emption and the selection of the potential buyer, with strict compliance with the provisions of art. 7 of the law;
i) draws up the official report certifying the conduct of each procedural stage as provided in art. 7 of the law, which details the activities and actions carried out;
j) after communicating and registering the decision regarding the seller's selection of the potential buyer pre-emptor, sends to the central structure or to the territorial structures, as the case may be, the name and identification data of this person, as well as copies of all the official reports provided under letter i);
k) in case no pre-emptor accepts the seller's offer and the sale of the land is free under the law, issues the seller a certificate attesting that all procedural steps regarding the exercise of the right of pre-emption have been completed and that the land is free for sale, at the price provided in the sale offer and for the surface mentioned in the ownership documents or the surface resulting from cadastral measurements, recorded in the land register according to the Cadastre and Real Estate Publicity Law no. 7/1996, republished, as subsequently amended and supplemented. A copy of this, together with copies of all the official reports provided under letter i), is sent to the central structure or, as the case may be, to the territorial structures;
l) sends the certificate to the seller accompanied by a certified true copy of the sale offer. A copy of the certificate is sent to the central structure or the territorial structure, as the case may be.
*The necessary endorsement for the alienation of agricultural land located outside urban areas may be requested by any person who owns agricultural land outside urban areas, for the purpose of selling.
For the application of the provisions of this procedure, the town halls have the following duties (according to Order No. 719/740/M.57/2333 of May 12, 2014 regarding the approval of the methodological norms for the application of Title I of Law no. 17/2014 regarding certain measures for the regulation of the sale-purchase of agricultural land located outside urban areas and for amending Law no. 268/2001 regarding the privatization of commercial companies that manage public and private state-owned land intended for agricultural use and the establishment of the State Domains Agency):
a) registers the seller's application, accompanied by the offer for sale of the agricultural land and the supporting documents provided in art. 5 para. (1) of this annex;
b) establishes, organizes and manages the Register for recording offers for the sale of agricultural land located outside urban areas, on paper and in electronic format, which shall include at least information concerning the identification data of the seller, the surface of the agricultural land located outside urban areas offered for sale, their category of use, sale price, location identified by block and plot or, as the case may be, the location of the land established by the site and delimitation plan drawn up in the 1970 Stereographic national projection system, issued by the territorial office as a result of the acceptance of the cadastral documentation for the property in respect of which the endorsement was requested, the minutes drawn up for each stage of the procedure, the certificates issued for the free sale of the land, as well as any correspondence relating to the implementation of the procedure;
c) posts the sale offer at the town hall headquarters and on its own website, as the case may be, in accordance with the provisions of art. 6 para. (2) of the law;
d) based on the information contained in the sale offer, sends the list of pre-emptors to the central structure or to the territorial structures, as the case may be. The list of pre-emptors is posted at the town hall headquarters and, where applicable, on its own website;
e) sends to the central structure or to the territorial structures, as the case may be, the file containing all the documents provided under letter a);
f) during the period provided in art. 6 para. (2) of the law, registers and posts at the town hall headquarters and on its own website, as the case may be, all communications of acceptance of the offer for sale of the land, filed by any of the pre-emptors included in the list of pre-emptors or by other pre-emptors not included in the list and who prove this status by supporting documents after the list has been drawn up, for the exercise of the right of pre-emption regarding the respective sale offers;
g) sends to the central structure or to the territorial structures, as the case may be, in copy, all communications of acceptance of the offer for sale of the land, submitted by any of the pre-emptors during the period provided in art. 6 para. (2) of the law, accompanied by the documents provided in art. 6 para. (2) of this annex;
h) takes the necessary organizational measures for the conduct at the town hall headquarters of the procedures relating to the exercise of the right of pre-emption and the selection of the potential buyer, with strict compliance with the provisions of art. 7 of the law;
i) draws up the official report certifying the conduct of each procedural stage as provided in art. 7 of the law, which details the activities and actions carried out;
j) after communicating and registering the decision regarding the seller's selection of the potential buyer pre-emptor, sends to the central structure or to the territorial structures, as the case may be, the name and identification data of this person, as well as copies of all the official reports provided under letter i);
k) in case no pre-emptor accepts the seller's offer and the sale of the land is free under the law, issues the seller a certificate attesting that all procedural steps regarding the exercise of the right of pre-emption have been completed and that the land is free for sale, at the price provided in the sale offer and for the surface mentioned in the ownership documents or the surface resulting from cadastral measurements, recorded in the land register according to the Cadastre and Real Estate Publicity Law no. 7/1996, republished, as subsequently amended and supplemented. A copy of this, together with copies of all the official reports provided under letter i), is sent to the central structure or, as the case may be, to the territorial structures;
l) sends the certificate to the seller accompanied by a certified true copy of the sale offer. A copy of the certificate is sent to the central structure or the territorial structure, as the case may be.
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In the case of a dispute between the beneficiary and the competent authority, the provisions of common law shall apply.
*Institutional structure
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