Problems in Legalizing the Status of Agricultural Land with Changed Purpose (on the Example of a Survey)
Problems in Legalizing the Status of Agricultural Land with Changed Purpose (on the Example of a Survey)

Author(s): Valeri Velkovski
Subject(s): Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, Agriculture, Political Theory, Governance, Public Administration, Politics and law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: agricultural lands; purpose; change of purpose; commissions; law; regulations
Summary/Abstract: The change of the purpose of agricultural lands for non-agricultural needs is regulated as a possibility in the Agricultural Land Protection Act and the Regulations for its implementation. The bodies authorized to carry out this technological procedure are Commissions at the Regional Directorates of Agriculture and the Ministry of Agriculture and Food. According to the text of Art. 25, para. 3 of the Agricultural Land Protection Act, a copy of the decision to change the purpose of agricultural lands for non-agricultural needs is sent by the cited commissions to the Municipal Administration at the location of the property and to the relevant geodesy, cartography and cadastre service. In practice and based on the results of the survey, it was found that these procedures are not always carried out in accordance with the cited legal norm. In accordance with Article 25, Paragraphs 1 and 2 of the Agricultural Land Protection Act, a copy of the decision to change the purpose of agricultural land for non-agricultural purposes shall be issued to the applicant upon presentation of a document for a paid fee. A copy of the decision to change the purpose of agricultural land for non-agricultural purposes shall be sent by the relevant commission to the municipal administration at the location of the property and to the relevant geodesy, cartography and cadastre office. The reviewed and cited excerpts from the legal framework concerning this issue (change of purpose of agricultural land for non-agricultural purposes) do not provide an answer to the following several questions relating to the legalization of the changed status of agricultural land after the implementation of the relevant described procedures: Is there a legal obligation for the applicant to take individual actions before the geodesy, cartography and cadastre agency to reflect the new status of the land, which is no longer agricultural; What are the functions of the mayors in the event of a change, to legalize in the relevant registers and development plans the changed status – no longer agricultural, but urbanized; What is the role of the geodesy, cartography and cadastre services for registering, respectively reflecting the changed status of agricultural land in the relevant cadastral registers, etc. This creates a number of problems both in the management of agricultural territories and in the management of urbanized territories and limits the implementation of an effective development policy on agricultural territories.

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