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Armenia (2019)

The main legislation governing land acquisition are:

  • RA Land Code

  • RA Civil Code 

  • The Government Decree approving the Project 

  • Government Decree on Land Donation 

  • Land donation agreement if applicable 

  • Land Transfer Agreement if applicable 

  • Bidding documents of Investor tendering 

  • Other related documents 


This project used voluntary land donation so the summary is covering those aspects. 


Conditions of land donation procedures: The voluntary donation of land by beneficiary community for the project can be considered as acceptable, as the following conditions have been met by the land donation procedures, particularly: 1) Land Impact does not result in displacement of households or cause loss of household’s incomes and livelihood; 2) Land to be donated is free from any dispute on ownership or any other encumbrances; 3) Consultations with the affected communities has been conducted in a free and transparent manner; 4) Proper documentation of consultation meetings, grievances and actions taken to address such grievances is maintained 5) Land transaction will be supported by transfer of title; 6) The community making voluntary donation is direct and indirect beneficiary of the project which was also noted by the community members during the public consultation (community members agree to voluntarily provide land for project for desired community benefits). 7) The operative principles in Voluntary Land Donation (VLD) are “informed consent and power of choice”, which has been met for the project, as the community land cannot be donated without the joint decision of community council’s members. 


Challenges and risks of Community VLD: 

  • In regard with above, the challenges and risks of Community VLD are properly mitigated by the following measures: 

  • Community’s understanding of VLD and its consequences (pros and cons), which is certified by decision of community council’s members, 

  • The “voluntary” nature of decision to donate made without coercion, which has been ensured by the opinion of community members noted during the public consultation, 

  • The donation conditions and legal issues (use with limitations, transit, right of return, taxies etc.) are properly documented by the draft donation agreement which is transparent for the community members, 

  • The land donation will be properly documented by GoA decree with full compliance with national legislation. 


Provisions of land donation agreement: In accordance with legal provisions of national legislation, in the Land donation decree between the community and Fund, the general references are given to the Article 65 of the LC, as well as to the article 605 of Civil Code (described in the previous section). The provision of Article 605 of the RA Civil Code defining the general conditions on “Charitable Giving” (donation) are applied for the land donation of community land plot from community to the Fund, particularly the following main provisions are reflected in the agreement on the donated land: 

· (clause 3) A charitable gift of property to a citizen must be and to legal persons may be conditioned by the charitable donor on the use of this property for a defined purpose 

· (clause 6) The utilization of charitably donated property not in accordance with the use indicated by the charitable donor or the changing of this use in violation of the rules provided by Paragraph 4 of the present Article shall give the right to the charitable donor, his heirs, or other legal successor to demand the rescission of the charitable gift · (clause 7) Legal Succession in Case of Promise of a Gift are not applied for the land donation under the Project.

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