7. Establishment of rights on agricultural lands

Author: Valeri Yordanov Velkovski

DOI: 10.22620/sciworks.2020.02.007


According to the provisions of Article 56 (1) of the Regulation on the Application of the Law on the Conservation of Agricultural Land /www.lex.bg/, the construction of sites – public property of the state or municipalities – is possible to use agricultural land. This use extends within a certain period of time and takes place outside the site (track) of the site.
Temporary use of agricultural land is related to the need for similar land plots in the construction of mostly underground and aerial linear objects and, if necessary, by conducting geological and other surveys.
According to the text of Article 64, paragraph 1 of the Law on Energy /www.lex.bg/, the servitudes arise in the extension of existing and under construction of new air and underground power lines, over ground and underground hydrotechnical facilities for the production of electricity, heat transmission lines, gas pipelines, oil pipelines and oil pipelines in favor of the persons who will build and operate the energy site.
The emergence of servitudes is closely related to spatial planning as they are an element of the spatial structure.
According to the text of Article 64 (4) (1) of the Law on Energy, servitudes arise when there is a detailed development plan which determines the location of the respective properties.
As stated in Article 66 of the Energy Act, the type and location of the energy sites and of the areas of service land included within the limits of the servitudes under this Act shall be determined in general and detailed development plans.