Perspectives of Law and Public Administration (Mar 2022)
NEW RESTRICTIONS THAT MAY IMPACT THE DEVELOPMENT OF THE RENEWABLE ENERGY PROJECTS
Abstract
It is notorious that the new subventions from which will benefit also Romania (PNNR) triggered a significant interest for the investor who intend to invest in this renewable energy field. One of the important milestones of such project is securing the land. In the previous periods during which similar investments have been done, the acquisition of such land was a feasible economic business model for the investors. This meanly due the low price of the agricultural land located outside the buildable areas in Romania. Meanwhile, this business model seems to be quite difficult to be replicated again due to some new legislative amendments enacted by Romania. On one side, these make such acquisition of such land very complicated and, on the other side, the procedure takes very long time and it does not give any guarantee at its end, mainly due to the risk of competing with the other legal preemptors. An alternative solution would be to find other legal means to secure the target land. The present article presents the details of the preemption procedure provided under Law 17/2014 on the regulations regarding the sale and purchase of agricultural land outside buildable areas and for the amendment of Law No. 268/2001 on the privatisation of companies administering the State's publicly and privately owned agricultural land and for the creation of the Agency for the State's Domain ("Law 17").
