According to the case law of the Bulgarian Supreme Court of Cassation, in particular Judgment No. 463 of 21.01.2012 in civil case No. 13\/2011, restoration of agricultural land ownership under the Agricultural Land Ownership and Use Act requires one or more acts of the specialist land authority: formerly the land commission, now the municipal agriculture office. Ownership is restored to entitled persons insofar as they have applied for it (Article 13(1) of the implementing regulations) and once the competent authority has completed the prescribed procedure. Until the land commission decides, no one can establish title by restitution to a particular parcel. It is not yet known whether ownership will be restored, which of the two statutory methods will apply (the original physical boundaries, still existing or capable of reconstruction, or new physical boundaries set by a land reallocation plan), who the neighbours will be, or what the boundaries and area will be. The precise location on the ground is thus undetermined.<\/p>\n
Ownership is restored once the land has been individually identified by a decision under Article 18\u0436(1) or Article 27(1) of the implementing regulations. To produce its intended legal effect of restoring agricultural land ownership, the decision must meet the conditions for validity. In particular, it must be signed and, in certain cases, accompanied by a sketch plan.<\/p>\n
According to Supreme Court Interpretative Decision No. 1 in civil case No. 11\/1997, decisions of municipal agriculture offices under Article 18\u0436 or Article 27(1) of the regulations restoring land within existing or reconstructible old physical boundaries, or within new boundaries under a land reallocation plan, have constitutive effect and establish the beneficiary\u2019s title. Under Article 45 of the regulations, the offices identify agricultural land in the state and municipal land funds on their own initiative by issuing decisions under Article 18\u0436(1) or 27(1). This concerns land owned by the state before the creation of cooperative farms (TKZS), state farms (DZS) and other agricultural organisations formed from them, and incorporated into those organisations. The interpretative decision cited above concerns the administrative procedure for restoring agricultural land to individuals, which begins on their application. The land commissions\u2019 decisions under Articles 18\u0436 and 27(1), together with the accompanying sketch plans, establish the parcels\u2019 inclusion on the map of restored ownership and determine their new physical boundaries.<\/p>\n
Given the specialist knowledge and experience required, a lawyer should represent the party in court proceedings for restoration of agricultural land ownership under the Act.<\/p>\n
This article is not a legal opinion or legal advice about any particular person or situation. For assistance with a specific case, consult a lawyer if the matter concerns property law.<\/em>
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