Legislation, Lithuania, Markets and Companies, Real Estate

According to the minister, a number of bodies of water have been privatized even though they are banned from being fenced. In addition, it is difficult to protect public interest and ensure that everyone is granted access to privatized body of water because long legal processes may ensue.

Under present provisions lakes and ponds larger than 50 hectares, and rivers which basin areas are larger than 50 square kilometres are regarded as surface water bodies of national importance.

Rivers which basin areas are at least 25 square kilometres, as well as lakes from which such rivers flow or if they flow through such lakes may become private property only when restoring property rights to bodies of water under procedures established by law.

Meanwhile, the minister of environment has proposed to recognise all lakes and rivers as surface water bodies of national importance irrespective of their size.

According to Mazuronis, when deciding on privatization or restoration of property rights of a water body, first it has to be examined whether it meets criteria of surface water bodies of national importance. If it does, then it has to be listed as water body of national importance and prohibited from being privatized.

If the amendments pass they will not have retroactive effect.