"Majority of the land reform having lasted for 20 years has already been completed, but 8 % of Estonian mainland is still yet to be reformed – this part of the land shall also be entered into the land cadastre," the Minister of the Environment Keit Pentus said. "With the draft we shall solve the problems arisen in practice and simplify the processes to ensure purposeful and quick completion of the reform," she noted. The amendments mainly concern the people to whom land has not yet been restituted or privatised. The draft will also resolve the problem of co-owners in cases when some of the owners of a building do not want to acquire land. "The logic of land reform specifies that first the land subject to restitution and privatisation shall be determined, followed by the land assigned into municipal ownership and remaining in state ownership. Therefore it is necessary to complete the land reform for the claims of private persons first, and only after that the local governments and the State will be able to tie up the ends," Pentus explained. For example, the draft will establish the term for assignment of land to a building located on a non-reformed land. Taking account of the fact that land under structure can be subject to restitution, privatisation, assignment into state or municipal ownership, setting of this term is highly essential in order to accelerate completion of the land reform. The topic of the right of superficies is also essential from the aspect of completion of the land reform. The valid Act enables to constitute a right of superficies for the benefit of the owner of a structure only when the person has lost the right to privatise the land. As administration of the rights of superficies is too cumbersome for the State, the provisions are specified, enabling to acquire land before as well as after constitution of the right of superficies. This regulation concerns mainly the owners of a structure for whose benefit the right of superficies has already been constituted or for whose benefit the right of superficies should be constituted in the course of the land reform. The amendment will also enable these owners to acquire the land under the structure. |
