SOME ASPECTS OF CHANGING THE PURPOSE OF MUNICIPAL PASTURES IN THE REPUBLIC OF BULGARIA

Abstract

According to the norm of Article 25, Paragraph 1 of the Law on the Ownership and Use of Agricultural
Lands, agricultural land that does not belong to citizens, legal entities or the state is municipal
property. Municipal ownership of municipal pastures is public and may be declared private municipal
property when the purpose of municipal pastures is changed in accordance with the Law on
Municipal Property.
Changing the purpose of municipal pastures for the needs of a legal entity and an individual is
allowed, according to the regulation of Article 25, Paragraph 7 of the Law on the Ownership and
Use of Agricultural Lands, after limited property rights have been established in favor of the person.
The change in the purpose of the municipal pastures is carried out in compliance with the terms and
conditions of the Law on the Protection of Agricultural Lands. According to the norm of Art. 25,
Para. 3 of the Law on the Ownership and Use of Agricultural Lands, a change in the purpose of
municipal pastures is permitted as an exception for: construction of technical infrastructure objects,
creation of new ones or expansion of construction boundaries of urbanized territories and other cases
defined by law.
According to the norm of Article 25, Paragraph 4 of the Law on the Ownership and Use of Agricultural
Lands, limited property rights and servitudes may be established on municipal pastures, upon
change of purpose.
The conditions and procedure for changing the way of permanent use of municipal pastures for other
agricultural needs are defined as a legal technology in the Regulations for the Implementation of the Law
on the Ownership and Use of Agricultural Lands and the Law on the Protection of Agricultural Lands.
The bodies that carry out the procedure for changing the purpose are: committees of the regional
directorates “Agriculture” and the Commission for Agricultural Lands, according to the regulation
of Article 17, Paragraph 1 of the Law on the Protection of Agricultural Lands.
The Minister of Agriculture and Food determines the nominal composition of the commissions to
the “Agriculture” regional directorates. These commissions include representatives of the regional
structures of the Ministry of Environment and Water, the Ministry of Health, the Directorate for
National Construction Control under the Ministry of Regional Development and Public Works, regional
administrations, interested agricultural and economic-industrial branch organizations.
The Commission for Agricultural Lands supervises the work of the commissions under the regional
directorates “Agriculture”.