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Erlends Baļķens, sworn advocate

Litigation advocate. Constitutional Court. Senate.

I represent clients before the Constitutional Court, the Senate and the courts of general jurisdiction. Divided property, civil, administrative and criminal cases.

Write to meSee the cases
Erlends Baļķens, sworn advocate, ilustrēts portrets

Figures

  • 2

    Constitutional Court judgments in which legal provisions were found incompatible with the Constitution

  • 28

    Senate judgments in divided property cases

  • ap240

    insolvency proceedings administered (2004 to 2020)

  • 2003

    the year I started legal practice

The outcome of previous cases does not guarantee the result in another case.

The case desk

Cases that changed the law

Every folder is a real case. Drag, rearrange, open.

Nr. 2024-21-0103

Statutory land use fee and cadastral valuation

Constitutional Court, 10 December 2025

Incompatible with the Constitution

Nr. 2022-02-01

Land use fee of 4 %

Constitutional Court, 2 May 2023

Incompatible with the Constitution

23 SKC

Senate cases on divided property

Senate judgments 2020 to 2023, a series on land rent

Set aside in part, referred for fresh examination

All cases
YouTube

Speeches before the Constitutional Court

Four videos from court hearings in 2023 and 2025

4 %

Divided property, simply

Move the slider and see what is left for the landowner

To the explainer

The outcome of previous cases does not guarantee the result in another case. The court result in each folder is exactly as stated in the judgment.

All cases

Constitutional Court, Nr. 2024-21-0103, 10 December 2025

Statutory land use fee and cadastral valuation

Incompatible with the Constitution

What the problem was

For owners of land on which buildings belonging to others stand, the law set a use fee and a cadastral valuation procedure that could leave the owner with zero or less after paying the tax.

What the court ruled

The Constitutional Court found incompatible with the first and third sentences of Article 105 of the Constitution and void from 1 January 2027: the second sentence of the second paragraph of Section 38 and the seventh paragraph of Section 42 of the law on the entry into force of the Civil Law, points 43.1, 43.2 and 43.3 of the transitional provisions of the State Real Estate Cadastre Law, and points 40 and 42 of Cabinet Regulation No. 103 as regards statutory land use relations. By 1 June 2026 the Saeima must set a procedure for landowners to receive adequate compensation for the infringement from 1 January 2025 in cases where the use fee does not cover the real estate tax, equals it, or leaves the owner disproportionately little after the tax.

What it means

Landowners whose use fee does not cover the tax, equals it, or leaves disproportionately little after the tax are entitled to compensation for the period from 1 January 2025. The Saeima had to set the procedure by 1 June 2026. The challenged provisions cease to apply on 1 January 2027.

Speeches in court

Speech before the Constitutional Court in case No. 2024-21-0103, 11 November 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube
Speech before the Constitutional Court in case No. 2024-21-0103, 15 October 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Documents

The outcome of previous cases does not guarantee the result in another case. The court result in each folder is exactly as stated in the judgment.

Constitutional Court, Nr. 2022-02-01, 2 May 2023

Land use fee of 4 %

Incompatible with the Constitution

What the problem was

The law set a land use fee of 4 % of the cadastral value of the land per year. The court found that this amount no longer fulfilled a compensatory function.

What the court ruled

The Constitutional Court found the second paragraph of Section 38 and the first paragraph of Section 42 of the law "On the Time and Procedure for the Entry into Force of the Introduction, Inheritance Law and Property Law Parts of the Renewed Civil Law of the Republic of Latvia of 1937" incompatible with Article 1 and the first and third sentences of Article 105 of the Constitution and void from 1 July 2024.

What it means

The fee of 4 % per year ceased to apply on 1 July 2024. The legislator had to adopt new regulation.

In fairness

The right of statutory use itself (the first paragraph of Section 38) was found compatible with the Constitution, and the proceedings were terminated in two parts.

Speeches in court

Speech before the Constitutional Court in case No. 2022-02-01, 6 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube
Speech before the Constitutional Court in case No. 2022-02-01, 4 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Documents

The outcome of previous cases does not guarantee the result in another case. The court result in each folder is exactly as stated in the judgment.

Speeches before the Constitutional Court

Speech before the Constitutional Court in case No. 2024-21-0103, 11 November 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube
Speech before the Constitutional Court in case No. 2024-21-0103, 15 October 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube
Speech before the Constitutional Court in case No. 2022-02-01, 6 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube
Speech before the Constitutional Court in case No. 2022-02-01, 4 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

The ladder of instances

Where a case can go

Click a step. At each level: what I do, what it roughly costs, which of my cases have been there.

Constitutional Court

What I do
Constitutional complaint against a provision that infringes fundamental rights guaranteed by the Constitution.
Indicative cost
4000,00 EUR excl. VATConstitutional complaint to the Constitutional Court
My cases at this level
  • Nr. 2024-21-0103, 10 December 2025: Statutory land use fee and cadastral valuation
  • Nr. 2022-02-01, 2 May 2023: Land use fee of 4 %
Calculate in the calculator

In administrative and criminal cases the instances differ. Fees for these cases.

Practice areas

How I can help

  • 01

    Constitutional law

    Constitutional Court: constitutional complaint, representation at the hearing.

    Specifically

    • I assess whether a provision infringes rights guaranteed by the Constitution
    • I prepare the constitutional complaint
    • I represent the applicant at the hearing
    Fees
  • 02

    Civil cases

    Divided property and statutory land use, management of apartment buildings, recovery of debts and damages, divorce, guardianship, road easements, division of joint property, real estate, commercial disputes, insolvency.

    Specifically

    • Statutory land use (compulsory rent) disputes
    • Apartment building management disputes
    • Debt recovery
    • Recovery of damages
    • Divorce
    • Establishment of guardianship
    • Road easement cases
    • Division of joint property
    • Real estate disputes
    • Commercial disputes
    • Insolvency and legal protection proceedings
    Fees
  • 03

    Administrative cases

    Disputes with state and municipal authorities, including on cadastral value and real estate tax.

    Specifically

    • Contesting and appealing an authority's decision
    • Representation before the administrative court
    • Cadastral valuation and tax disputes
    Fees
  • 04

    Criminal cases

    Defence and representation of victims in pre-trial proceedings and in court.

    Specifically

    • Defence in pre-trial proceedings and in court
    • Representation of the victim and compensation for harm
    • Complaints about the actions of the person directing the proceedings and coercive measures
    Fees

Divided property explainer

What is left for the landowner

A house stands on someone else's land. The landowner receives a use fee and pays real estate tax. Move the sliders.

Māja uz sveša zemesgabalaland: another ownerhouse: apartment owners

The explainer illustrates the regulation challenged in case No. 2024-21-0103. It is not a calculation for a specific situation. The provisions cease to apply on 1 January 2027.

The rate differs between municipalities and has not been verified against the law. Adjust it to your situation.

Use fee per year
0 euro per year
4 % of the universal value, but not less than 50 euro
Tax per year
0 euro per year
Left for the landowner
0 euro per year

Fees

Fees are transparent

A simple case costs less, a complex one more. The final amount is agreed in writing before work begins.

  • 60,00

    EUR excl. VAT, per hour

    Consultation

  • from500,00

    EUR excl. VAT

    Statement of claim, application to open proceedings, creditor's claim, counterclaim, ancillary complaint or settlement

  • from400,00

    EUR excl. VAT

    Cassation appeal

  • 80,00

    EUR excl. VAT, per hour

    Representation at a court hearing, per hour of the scheduled hearing time

All fees and the calculator

About me

From Vaide to the Constitutional Court

My family comes from Livonian fishermen in Vaide, which is why this site is green, white and blue like the Livonian flag.

In Liepāja I was an orderly with the emergency medical service, in Dublin a bricklayer's labourer, in Riga a waiter, then a lawyer, an insolvency administrator and a sworn advocate.

Since 2023, two Constitutional Court judgments in cases I handled from start to finish.

Full story

Media

Publications and speeches

  • IR
  • LA.lv
  • Delfi
  • Jurista Vārds
  • RīgaTV24
  • LASI.lv / 360TV Ziņas
  • Pietiek.com
  • LV portāls

Article11 December 2025

Satversmei neatbilst regulējums par zemes likumiskās lietošanas maksu un likumiskajā lietošanā esošās zemes kadastrālās vērtēšanas kārtību(The regulation of the statutory land use fee and the cadastral valuation of land in statutory use is incompatible with the Constitution)

An independent source on the Constitutional Court judgment of 10 December 2025 and its significance.

LV portāls

TV26 October 2025

Baļķens: Bankām šie aktīvi nav interesanti(Baļķens: These assets are of no interest to banks)

A segment from a broadcast on divided property and compulsory land rent, in conversation with Gundars Ūdris.

RīgaTV24, "Nacionālo interešu klubs"

TV17 May 2025

Tūkstošiem īpašnieku izmisumā: Satversmes tiesā sāk skatīt strīdīgo likumu par zemes lietošanas maksu(Thousands of owners in despair: the Constitutional Court begins hearing the disputed law on the land use fee)

A 360TV Ziņas news report on the start of the hearing of case No. 2024-21-0103 before the Constitutional Court. The case affects land and building owners across Latvia.

LASI.lv / 360TV Ziņas

All publications

You have reached the shore

Write to me

I communicate with clients in writing. Describe your situation briefly. Appointments only by prior agreement.

+371 29641859

Rostokas iela 64-69, Rīga, LV-1029

Do not send documents or sensitive data here. We will first agree on a means of communication.

Or write directly to erlends [at] balkens.lv

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