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REPUBLIC OF ALBANIA
THE PARLIAMENT
LAW 8318, 01.04.98
THE LAW
ON
LEASING THE AGRICULTURAL
LAND, FOREST LAND
MEADOWS AND PASTURES,
WHICH ARE STATE PROPERTY
Based on the Article
16, Law No.7491, dated 29.04.1991 "For the Main Constitutional
Provisions" with a proposal from the Council of Ministers,
PARLIAMENT OF
THE REPUBLIC OF ALBANIA
DECIDED
CHAPTER I -
GENERAL PROVISIONS
ARTICLE 1
This Law entitles state to lease
the land under its ownership, to physical or juridical persons
who may be both nationals or foreigners.
ARTICLE 2
The definitions of this Law are
as follows:
"Land" implies the state property land, classified in
the fund of agricultural land, forest land, forest vegetation,
meadow and pasture land.
"Lessor" implies the state represented by any state
institution that has by law the authority to make a leasing contract
for the land he administers.
"Lessee" implies any phsyical and juridical person,
national or foreigner that leases state owned land according to
the requirements of this law.
CHAPTER II- CONTRACTUAL
TERMS OF LEASING
ARTICLE 3
The terms for leasing the land are
regulated between contracting parties, with a special contract
in accordance with the requirements of the Civil Code and the
legal acts as well as by-laws concerning agricultural land, meadows,
pastures, forests, hunting, waters, fishing and environment.
The terms not specified in the leasing
contract between parties, but can later show up, are worked out
through an agreement between parties. In case of disagreement,
the parties involved solve that in the competent court.
ARTICLE 4
Violation of the land leasing contract
terms by the parties makes compulsory the payments according to
the respective provisions of the Civil Code, for the damages caused
by each party.
Any claim of either party should
be presented to the other, at least 90 days before the contract
expires.
ARTICLE 5
When the lessee wants to terminate
the land leasing contract before the term foreseen in the original
contract expires, he is obliged to notify the lessor in writing
at least 180 days before the term required to terminate the leasing
contract expires.
ARTICLE 6
In the leasing contract between
parties, the lessor notifies the lessee that, for the land under
state's ownership that he has leased, the lessor is entitled to
re-take it before the contract expires when, according to the
urban plan, an investment is foreseen to be made for public purposes
in this area of land.
The lessor is obliged to notify
the lessee in a written form, at least 1 year prior to the date
of re-getting in ownership the leased land.
The lessor is obliged to compensate
the lessee, for the expenses he has made, according to the appropriate
provisions of both Civil Code and type of investment.
CHAPTER III- THE
TIME TERMS OF LAND LEASING
ARTICLE 7
The time terms of a leasing contract
are determined according to the use of the land as well as the
scale of investments made in land.
The time terms of a contract for
forests, land with forest vegetation, pastures and meadows will
be determined according to the respective provisions of the laws
"On forests and forest police" and "On pastures
and meadows".
ARTICLE 8
The time terms of leasing land,
which is state property, would be as follows:
1. Up to 10 years for the short-term
leasing contracts, where are included activities that concern
field crops and edible oils.
2. Up to 30 years for the mid-term
leasing contracts, where are included activities that are
related to animal products, production of saplings, protected
environments and low forests (stubs lot).
3. Up to 99 years for the long-term
leasing contracts, where the included activities concern tourism,
recreation, high forest and fruit-trees.
When the activity according to points
1 and 2 is accompanied with investments for their processing,
they will be handled as long-term leasing contracts.
ARTICLE 9
The criteria for the annual value
of the state owned land are defined by a Decision from the Council
of Ministers.
ARTICLE 10
The criteria and form of payment
of the lease value by the lessee is defined by a decision of the
Council of Ministers.
CHAPTER IV- THE
MINIMUM SIZE OF LAND
ARTICLE 11
The surface of forest land, meadows
and pastures that are leased, should not be smaller than the minimum
boundary of a sub-parcel.
With respect to the forest land,
the forest sub-parcel cannot be divided.
ARTICLE 12
The criteria for the minimum size,
according to article 12, are not applied when an area of land
made up of different types of land is requested to be leased,
for purposes of tourism development, agrotourism or for the preservation
of the biodiversity of the area.
CHAPTER V-
THE APPROVAL OF REQUEST
ARTICLE 13
The state agency that is going to
lease land, etablishes a board of agricultural, forest, urban,
environment and specialists and lawyers who resolve the technical
requirements foreseen by this law for leasing land.
The board defines the area of land
to lease according to the criteria below:
1. The area of land that is
going to be leased must not be subject to a claim according
to the laws for the restitution of properties to the ex-owners.
2. The area must not be subject
to public investments within a time period of 10 years.
The state agency presents the requests
for leasing land parcels to the board to review them and then
submits them to the Ministry of Agriculture and Food for approval.
ARTICLE 14
For the land in the touristic areas,
national parks as well as the areas strictly protected, the appropriate
approval is made by the Council of Territory Adjustment of the
Republic of Albania.
ARTICLE 15
Leasing of state-owned
land by the respective organs is made through auction.
Auction rules as
well as the land leasing standard contract are determined by the
Council of Ministers.
ARTICLE 16
Every physical or
juridical person, either native or foreigner, that requests to
lease land must present a written request that includes the following:
a) Description
of the activity he is going to conduct as well as his attitude
towards the environment.
b) A certification
that he has no financial or legal obligations to pay off to
the state.
ARTICLE 17
Registration of
the land leasing contract in the Immovable Property Registration
Office, according to this law, is excluded from payment of the
fee in this Office.
ARTICLE 18
This law becomes
effective 15 days after being published in the Gazette.
This law was promulgated with
decree no.2045, dated April 15, 1998 of President of Republic
of Albania, Rexhep Mejdani
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