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The approval necessary for the transfer of agricultural land located outside the city limits may be requested by any person who owns agricultural land in such areas, for the purpose of sale.
For the application of the provisions of this procedure, local councils have the following responsibilities (according to Order No. 719/740/M.57/2333 of May 12, 2014 approving the methodological norms for applying Title I of Law No. 17/2014 regarding certain measures for regulating the sale-purchase of agricultural land located outside city limits and for amending Law No. 268/2001 on the privatization of commercial companies managing state-owned agricultural land and the establishment of the State Domains Agency):
a) register the seller’s application, accompanied by the offer to sell the agricultural land and the supporting documents provided in art. 5 para. (1) of this annex;
b) establish, organize, and manage the registry for recording sale offers of agricultural land located outside city limits, in both paper and electronic format, containing at least information regarding the seller’s identification details, the area of agricultural land offered for sale outside city limits, its usage category, sale price, location identified by lot and parcel or, as the case may be, the location of the lands established by the site and delimitation plan of the property drawn up in the national Stereographic 1970 projection system, issued by the territorial office following the acceptance of the cadastral documentation for the property concerned, minutes prepared for each stage of the procedure, certificates issued for free sale of the land, as well as any correspondence relating to the accomplishment of the procedure;
c) post the sale offer at the town hall headquarters and on their own website, as applicable, in compliance with the provisions of art. 6 para. (2) of the law;
d) based on the information contained in the sale offer, send the list of preemptors to the central structure or to the territorial structures, as the case may be. The list of preemptors is posted at the town hall headquarters and, as applicable, on their own website;
e) send to the central structure or to the territorial structures, as applicable, the file containing all the documents provided in letter a);
f) within the period provided in art. 6 para. (2) of the law, register and display at the town hall headquarters and on their own website, as applicable, all acceptance communications of the land sale offer, submitted by any of the preemptors included in the list of preemptors or by other preemptors not included in the list who subsequently prove their status by supporting documents, for the purpose of exercising the preemption right for the offers in question;
g) send to the central structure or to the territorial structures, as applicable, in copy, all acceptance communications of the land sale offer, submitted by any of the preemptors within the period provided in art. 6 para. (2) of the law, accompanied by the documents specified in art. 6 para. (2) of this annex;
h) adopt the necessary organizational measures for carrying out at the town hall headquarters the procedures regarding the exercise of preemption rights and the selection of the potential buyer, with strict observance of the provisions of art. 7 of the law;
i) draw up the minutes stating the conduct of each procedural stage provided in art. 7 of the law, detailing the activities and actions carried out;
j) after the communication and registration of the decision regarding the seller’s choice of the preemptor as potential buyer, send to the central structure or territorial structures, as applicable, the name and identification details of the potential buyer, as well as copies of all minutes provided in letter i);
k) in the event that no preemptor communicates acceptance of the seller’s offer and the sale of the land is free according to the law, issue to the seller a certificate attesting that all procedural stages regarding the exercise of preemption rights have been completed and that the land is free for sale, at the price specified in the sale offer and for the area mentioned in the ownership documents or the area resulting from the cadastral measurements, entered in the land register in accordance with the Law on Cadastre and Real Estate Publicity No. 7/1996, republished, with subsequent amendments and completions. A copy of this certificate, accompanied by copies of all minutes provided in letter i), is sent to the central structure or to the territorial structures, as applicable;
l) send the seller the certificate accompanied by a certified copy of the sale offer. A copy of the certificate is sent to the central structure or the territorial structure, as applicable.
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In the case of a dispute between the beneficiary and the competent authority, the common law provisions apply.
*Competent entities
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