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Bibliothèque Act LV of 1994 on Arable Land.

Act LV of 1994 on Arable Land.

Act LV of 1994 on Arable Land.

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The purpose of this Law is the establishment of market oriented conditions in the agricultural sector based on private ownership. Land transfer and the use of land as guarantee for land-based credit should promote the efficient operation of new businesses. This Law basically regulates the use of arable land and aims to create landed properties suitable for competitive agricultural production, avoiding to burden land with the effects of excessive subdivision. The reduction of agricultural land should remain within reasonable limits and the conservation of land quality should have legal backing. In Chapter I introductory provisions regarding the effect of the Law and definition of terms are set forth. The Law applies to all arable land in the national territory, to the utilization and conservation of land, to the acquisition of landed property and its restrictions and to the creation of plots. The provisions apply to urban land, whether under agricultural or forestry cultivation. Chapter II deals with the acquisition of ownership of arable land by Hungarian and foreign private persons or legal entities. EU citizens enjoy the same rights as Hungarians if they have been living and operating in the field of agriculture for at least 3 years in Hungary, and if they meet certain requisites and undertake some obligations. The Law covers acquisition under any form except: legal inheritance, adverse possession, construction over others' property, expropriation and through auction for compensation purposes. Use of arable lands is provided for in Chapter III. Use rights are regulated in the Civil Code as is the lease of arable land, unless this Law provides otherwise. Chapter IV deals with procedures for the creation of estates (general land reform, voluntary exchange of lands). Provisions on the utilization and protection of arable land are set forth in Chapter V. Cultivation profiles should be respected. Changes in cultivation profiles are to be authorized, otherwise penalties are foreseen. In the light of these purposes, soil conservation has an important role and aims to maintain the productivity and quality of the soil. Soil conservation is provided for in Chapter VI which sets forth State duties, the obligations of land users and provides for soil conservation authorities and their duties. Soil conservation penalties shall be applied to offenders.

Implemented by: Decree No.7 of 1996 (I.18.) of the Government on the acquisition of real estate by foreign nationals. (2014-10-02)
Implemented by: Government Decree 157/1999 (XI.3.) Korm. on the amendment of Government Decree 7/1996 (I.18.) Korm. on the acquisition of real estate by foreign nationals. (1999-11-11)
Implemented by: Decree No. 105 of 1999 (XII. 22.) of the Ministry of Agriculture and Rural Development on detailed rules of land evaluation. (2013-07-31)
Implemented by: Decree No. 326 of 2001 (XII. 30.) Korm. of the Government on the creation, registration, running and special subsidization of family farms. (2015-03-30)
Implemented by: Decree No. 16 of 2002 of the Government on detailed rules of exercising the right of pre-emption and privileged lease of arable land. (2013-12-12)
Implemented by: Decree No. 356 of 2007 (XII. 23.) Korm of the Government laying down detailed rules of land use registration. (2013-02-26)
Implemented by: Decree No. 24 of 1995 of the Ministry of Agriculture on plant protection and soil conservation stations. (1995-07-12)
Amended by: Law No. LIII of 1996 on Nature Conservation. (2010-06-20)
Amended by: Act CXLI of 1997 on Real Estate Registration. (2014-12-23)
Amended by: Act No. XVII of 2007 on certain issues of procedures in relation to support for agricultural, rural development and fisheries and to other measures. (2015-07-03)
Amended by: Act No. CLXVIII of 2011 on handling weather-related and other natural risks affecting agricultural production. (2014-11-06)
Amended by: Law No. CII of 1994 on wine growers' associations. (2011-07-22)
Amended by: Act No. CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade. (2014-05-01)
Amends: Act No. XXIV of 1988 on the investments in Hungary of foreign nationals. (2011-12-30)
Repeals: Act I of 1987 (The Act of Land). (1989-07-01)

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