SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA
RESOLUTION
OF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA REGARDING THE
PROCESS OF ENFORCEMENT AND APPLICATION OF THE LAW OF THE REPUBLIC
OF LITHUANIA ON THE PROCEDURES AND CONDITIONS OF THE RESTORATION
OF THE OWNERSHIP RIGHTS OF EXISTING REAL PROPERTY
The Supreme Council of the Republic of Lithuania resolves:
1. To put this law into effect on August 1, 1991.
2. That the requisite of permanent in the Republic of
Lithuania, as set forth in Article 2 of this law, shall not apply
to deportees (and their children), or to persons who were
deported or imprisoned as the result of resistance to occupation
regimes.
3. That tenants occupying houses subject to restitution, as
defined in subparagraph 2 of paragraph 2 of Article 8, shall be
informed of their option to move, at their own will by settling
on a dwelling unit allotted to them which complies with the
requirements set forth in Article 94 of the Housing Code of the
Republic of Lithuania.
4. That tenants who, at their own will, have moved to
dwelling units proposed to them by their local government because
their previous place of residence was restored to the original
owner, shall have the rights to buy this new unit within six
months, on the basis of the house building prices of 1989, by
applying the indexation coefficient.
In such cases, the procedure of settlements provided for in
Article 9 of the Law of the Republic of Lithuania on the
Privatization of Housing shall be applied.
Residential houses which are not returned to their formed
owners under the Law of the Republic of Lithuania on the
Procedures and Conditions of the Restoration of Ownership Rights
of Existing Real Property, shall be privatized in accordance with
the procedures established by the Government of the Republic of
Lithuania.
5. That in the event that persons specified in Article 2 of
this law are proving their ownership rights in court, the period
for filing the property ownership documents shall be one month
from the day of the court decision.
6. That the provisions defined in Article 8 of this law
shall apply to persons specified in Article 2 of this law if they
were compensated according to the laws which have hitherto been
valid, in the absence of another option. In such cases the amount
of compensation must be returned.
7. That land occupied by personal plots which were allotted
pursuant to the July 26 th, 1990 Resolution of the Supreme
Council of the Republic of Lithuania "On the Expansion of
personal Plots of Farmers" shall be also designated as land
occupied by personal plots, as specified in paragraph 3 of
Article 12 of this law.
8. That a person shall own any lake (of the size determined
by the Covernmemt of the Republic of Lithuania), water reservoir,
canal, pond, and other surface water body, if it is surrounded on
all sides by his property.
In such cases, the area of the body of water shall be
included in the total area of the reclaimed land or of the newly
allotted land.
The regulations concerning the recreational use of such
bodies of water shall be established by the Government of the
Republic of Lithuania.
Land owners must utilize their land, as well as the bodies
of water situated therein, in compliance with the requirements of
nature protection.
9. That territorial land-planning projects shall be
developed in compliance with land reform requirements.
10. That in the event that persons specified in Article 2 of
this law do not satisfy the conditions set forth in Article 4 or
this law, they must be compensated for their portion of the land
by the person (or persons) to whom this law was allotted.
In the case that a disagreement concerning the from of
compensation is brought to court, preference shall by given to
the restitution of the actual property.
11. That property, with the exception of land and
residential houses, which was not returned ( either because it
was not claimed, or because the claims were inadequate), shall be
privatized in accordance with the procedure established in the
Law of the republic of Lithuania on the Initial Privatization of
Property.
12. To commission the Government of the Republic of
Lithuania:
1) by 1 August 1991 to establish the procedure and time
limits for the payment of state allocations for the real property
subject to be bought out;
2) by 1 August, 1991 to establish the procedure and stages
of the giving over of residential houses (or portions thereof),
as well as the procedure for the allotment of plots of land
surrounding these houses if previously they were not the property
of the house owner;
3) by 1 August, 1991 to establish the procedure for the
allotment of plots of land in towns (township) for the
construction of a private house;
4) by 1 August, 1991 to allocate credits on easy terms for
tenants, occupying houses which have been returned to formed
owners, if they desire to build a private house;
5) by 1 August, 1991 to establish the procedure for the
giving over structures used for economic and commercial purposes
together with their equipment or for the allotment of securities
(shares) for said property:
6) to establish the procedure in accordance with which the
provision of paragraph 3 of part 1 of Article 16, pursuant to
which the existing real property, if a person gives his consent
thereto, may be bought out by the State by making void financial
liabilities of a person to the State, which were incurred after
the appropriation of real property, shall be implemented.
13. To obligate the Government of the Republic of Lithuania
to submit proposals to the Supreme Council of the Republic of
Lithuania concerning the compensation of persons whose real
property was nationalized and which does not exist any longer.
14. To commission the Government of the Republic of
Lithuania to establish the procedure in accordance with documents
certifying the right of ownership, upon the request of a citizen
and after he has paid a duty in the established manner, shall be
ordered by the board of a local government.
In such cases the archives which are under the jurisdiction
of the Board of Directors of the Archives of the Republic of
Lithuania shall furnish the documents in due time.
15. To establish that the guarantees provided for in parts 5
and 6 of Article 21 of this law shall also apply to cases where
former owners shall be restored their ownership right of
residential houses by court's decision.
16. To commission the Ministry of Justice of the Republic of
Lithuania to supervise the implementation of this law.
VYTAUTAS LANDSBERGIS
President
Supreme Council
Republic of Lithuania
Vilnius
16 July 1991
No I-1548