
Grounds agricultural under special protection
In accordance with the binding law on protection of agricultural and forest lands, change of the best land classes I-III is possible, but only in the situation, when the municipal authorities show in the text of the application, that there is no other practice for development of non-agricultural character on land of weaker bonita classes, whether on agricultural land already for those purposes or also in the case, when the requested land stands only small enclosures among existing non-agricultural development. Defining the use of agricultural land for non-agricultural purposes is because priority before other aspects, such as for example. economic or social issues. The Minister of Agriculture and Development of Village has a legal obligation to evaluate applications for agricultural land for non-agricultural purposes, primarily from the viewpoint of protection of land.
Related to change the use for non-agricultural purposes of the land, which in the procedure of developing the municipal plan does not require the approval of the Minister, in according to the provisions of the law on protection of agricultural and forest land, that is. classes IV-VI, of which is decided by the municipal council, indicate that, that the municipal authorities are obligated to comply with
the provisions of this law, which establish that the protection of the land consists of, among other things.inter alia, on restricting the use of agricultural land for non-agricultural
and non-forest purposes – reminds in the reply given to the Malopolska Bureau of Agriculture Minister Cesław Siekierski.
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Minister of agriculture feels over agricultural land
He added that, that the Minister of Agriculture and Development of Village opines projects of general municipal plans in shaping agricultural space and development of agricultural production. At this stage submits objections in the range of non-agricultural investment in agricultural space.Production (without regarding the class of agricultural land). Also pays attention to the need to protect agricultural production space and the necessity of providing appropriate space for development of agricultural production.
Minister Siekierski has also reminded that the entry into effect of the law to stop the sale of real estate Agricultural State Treasury, resulted, that the basic form of management of real estate of the State Treasury became leasing, and not sale. Sale of state owned agricultural real estate of a area larger than 2 ha is possible, but only with the approval of the Minister of Agriculture and Development of Village issued on justified social and economic considerations, on request
from Director General of KOVR.
– It should be emphasized, that KOVR manages the agricultural real estate
in the component of Agricultural Property of the State by leasing or selling in
the first order to increase or create farms, which guarantees, that state owned agricultural land is acquired by individual farmers or by persons with agricultural qualifications, who intend to establish, and then operate family farms – determines in response the minister of agriculture.
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Verification of persons buying agricultural land
The Minister has also referred to the issue of verification of persons buying agricultural land.
– It should be indicated, that in accordance with the law, the mechanism of verification of buyers in tenders is acting in the situation, when the organizer of a tender, has confined the circle of participants to individual farmers. This then relies on checking the premises: personal ownership of agricultural farm not continuously for 5 years, registration in the municipality, where he owns agricultural farm – also for 5 years, possession of agricultural qualifications. If the buyer fulfills these prerequisites, there is no basis, to prevent him from acquiring real estate – reminds minister Siekierski
Another issue is the delayed use of acquired land. WIn the case of contract for sale of agricultural real estate originating from the Agricultural Property State Treasury the buyer of is obligated not to transfer the property for the period of 15 years from the day of acquisition and conduct agricultural activities on this period.
In the event of acquiring on the private market, the buyer of agricultural property, is obligated to run agricultural activities, into the composition, of which the acquired agricultural real estate, for a period of at least 5 years from the
day of acquisition. Thus for 5 years from acquisition, this real estate may not be sold or
given in possession to other entities.
The competent to issue a decision on the conditions ofdevelopmentarethedelegate,themayororthepresidentof the city,andthedecisiononpermitforconstruction-theauthorityofarchitectural and construction administration,whichisthestarost(inacityoncountyrightsthemayorofthatcity),andinspecifiedcases-thevoivode.
-ActuallyintheMinistryofAgricultureandDevelopmentofVillagesareworkingonanrevisedlawonprotectionofagriculturalandforest land,whichwillenableevenmore effectiveprotectionofagricultural land,includingclassesI-IV-we readinthereplygiventofarmersfromMIR.