Decree No. 113 / 1946 Coll.
Decree on the full text of the Act on the occupation of buildings or parts thereof for public purposes
Valid
113.
Order of the Minister for Transport
of 23 May 1946
on the full text of the Act on occupying buildings or parts thereof for public purposes.
Pursuant to Article II of the Act of 7 May 1946, No 112 Coll., amending the Act of 12 August 1921, No 304 Coll., on the occupation of buildings or parts thereof for public use, I declare in the annex to the full text of Act No. 304 / 1921 Coll., as it results from the amendments made by Act No. 112 / 1946 Coll.
Gen. Hasal v. r.
Annex to Decree No. 113 / 1946 Coll.
Law
of 12 August 1921
on the occupation of buildings or parts thereof for public purposes, as amended by the Act of 7 May 1946, No 112 Coll.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The Regional National Committee, in Slovakia, the body designated by the Sovereign Corps (in the next killing office) may, if not suitable rooms, take up the use of a building or room for public purposes and, if the public interest so requires, also for residential purposes, and for the resettlement of users of buildings or rooms occupied for such purposes.
(2) With buildings or rooms, they may be prevented from use to the extent necessary for the purpose for which they are used:
(a) a courtyard, garden or other plot which forms a whole with them by serving the purpose pursued therein;
(b) facilities for buildings or rooms. The establishment may be prevented only if, on the date on which the invitation to the investigation was received, it is owned by the owner of the building or the user of the building or rooms, and if, in whole or in part, the owner of the building or the user of the building or the room does not necessarily need it to carry out the current economic activity or purpose which he has been pursuing in the seized object, and if it is not an art or historically valuable equipment which can only exceptionally be prevented for public purposes.
(3) Excluding:
1. small residential rental houses,
2. the sole permanent residence of the owner in a dimension permissible under the law,
3. Buildings and rooms serving such facilities which cannot be relocated for exceptional medical treatment or for special economic reasons.
(1) Where the location of existing users is impossible in the occupied buildings or rooms, while at the same time satisfying the purpose for which they are occupied, even in the most economical use of them, users of the occupied buildings or rooms may be requested to be assigned spare rooms to meet the purposes pursued in them, preferably to the former extent and, if applicable, to the extent permitted under the occupancy law by municipalities.
(2) The killing office shall be entitled to determine the rooms to be left to the occupant for use or to monitor the purpose of the occupied building and, where appropriate, to determine the number of servants that must be accommodated in the occupied building for the personal use of the existing user of the building and for the provision of rooms left to him.
(3) When selecting spare rooms, the occupying office shall, within the framework of the previous paragraph, ensure that the resettlement does not impede the continued operation of the economic activity of users or the monitoring of the purpose to which the occupied rooms served.
(4) If users refuse to accept spare rooms which comply with this condition, they shall be entitled only to compensation in cash for the economic damage caused to them (Sections 4, 6 and 7).
(1) A decision shall be taken by the killing office following an investigation carried out with the owner and users of the items concerned, or by their authorised representatives and with representatives of the competent authorities and interested parties.
(2) The subject matter of the investigation is the facts relevant to the decision. All interested parties must be given the opportunity to comment.
(3) If a Party or its authorised representative does not appear to drive through a proper invitation, proceedings shall be carried out in its absence.
(4) If the flat was prevented, taken earlier by the Law of 30 October 1919, No. 592 Coll. and n., it is to replace the municipal (joint housing office) with the original prevention associated.
(5) In addition, if they are artistic or historical, the approval of the relevant State Heritage Office should be provided before they are prevented.
(6) The killing findings must contain:
1. The marking of the article shall prevent, according to § 1, paragraph 2 (building, room, land, equipment),
2. the indication of the public purpose for which it is used;
3. If occupied for residential purposes, an indication of the public interest;
4. arrangements for the accommodation of existing users or of spare rooms for the purpose pursued in the seized object (§ 2 (1));
5. a statement, if any, that the party is entitled to cash compensation only (§ 2 (4)).
(7) The decision shall be made available to the owner and users of the seized items, to which the right to complain to the Ministry of Transport shall lie within 8 days, - in Slovakia, to the transport and public works units, provided that the service is not itself an occupying office, - as well as to the interested parties to whom the applications are addressed.
(8) If the public purpose for which it is used is met by someone other than the administration of the State, the killing office shall be entitled to request prior to the lodging of a security for the expenses incurred by the public administration.
(1) As soon as the occupying office has notified the owner or user of the occupied item that the procedure under this Act will be in place for that article, the disposal of the owner and user is not valid without the consent of the Ministry of Transport, Slovakia, the transport and public works obligations.
(2) By preventing users of seized articles of the right to use them, users are no longer entitled to use them.
(3) The killing office shall have the right to hold items for the purposes of § u 1 of the listed lease. Lease shall not be covered for a period of time by the provisions on the protection of tenants.
(4) Furthermore, the killing office has the right to make modifications to its cargo in the occupied rooms, but only within the limits of the necessary needs, to be heard by the owner of the building. In this respect, the occupying office is governed by the rights reserved by the law to the builder.
(5) The construction of buildings and rooms of art and historical value must be provided prior to their completion by the relevant State Heritage Office.
(6) The killing office shall provide the owner and user of the seized items with adequate cash compensation for any proven economic damage suffered by the owner or user.
(7) Also, the cost of resettlement and return of the seized object and other proven property damage resulting from resettlement shall be replaced. On the other hand, account shall be taken of the compensation granted in the spare rooms allocated.
(8) If the occupancy office is rented by the occupants in accordance with the provisions of paragraph 3 of this section, the lessees shall be obliged to replace it with all the expenses which they must pay to the owner or users under the previous paragraph.
(9) If there is no agreement on the amount of compensation between the occupying office and the owner or user of the seized articles, it shall be decided by the district court within whose perimeter the occupied item is in dispute; If this district court is prevented from acting, the district court which, on application, delegates the local court (principal seat) shall take the proceedings. The Court of First Instance shall examine the circumstances and, if necessary, hear the expert, by order, fix the compensation at its discretion.
(10) The Court of First Instance shall also decide, at its discretion, in accordance with the principles of the Civil Code of the Court of Justice, if the costs of the Court are to be borne by one party, or if the costs are to be divided between the parties and in what proportion.
(11) In Slovakia, legal proceedings are carried out under the Hungarian legal article XLI. of 1881.
(12) The refund procedure has no influence on the prevention procedure.
Obstruction of objects lasts even if the owner changes them.
Unless otherwise agreed between the occupying office and the owner, the occupying office shall assume the maintenance and management of the occupied items, which shall bear the costs associated with it. These expenses and compensation for management of the administration are subject to the provision of cash compensation pursuant to § 4 (6).
(1) When returned, the items taken must be brought back to normal unless there is another arrangement. Modifications and building changes, which are likely to be of great benefit to the owner of the occupied item and are not in opposition to the earlier use of the item, must be replaced by the owner of the object to the occupying office by value at the time of return, but not by more than the actual cost. If the parties fail to assess, the court shall decide in Paragraph 4, appointed in accordance with the principles of the same paragraph.
(2) If the seized equipment is returned, at the request of the owner, account shall be taken of its depreciation, which would not have occurred had the matter not been prevented.
If the occupying office does not take the equipment of the building or room, the owner of the facility shall be obliged to remove it from his danger. For this purpose, the killing office will show him the necessary rooms in the occupied building and if the owner does not have any other rooms in the building of the apartment, if necessary for supervision and maintenance of the facility.
The killing office is entitled to surrender any items taken at any time.
(1) Under this law, objects from the state administration may also be seized.
(2) In order to prevent the termination of existing contracts by the public tenancy authority.
(3) Hire contracts concluded between the other parties on seized articles shall cease to apply for a period of time without extending the original contractual period.
(4) The claim for compensation is therefore excluded.
(1) Anyone who obstructs the proceedings in any way to prevent articles under this law may be punished by the District National Committee with a fine of up to 5000 CZK or a prison sentence of up to 6 weeks, unless it is a more severe offence under criminal law.
(2) These penalties may also be imposed simultaneously.
The Minister for Transport is responsible for implementing this Act.
The law takes effect on the day of publication. *) The laws of 11 June 1919, No. 332 Coll. and of 19 March 1920, No. 180 Coll. respectively, shall cease to apply at the same time. if they have not yet been definitively decided, they are to be assessed under this new law.
*) The amendments made by Act No. 112 / 1946 Coll. take effect on 1 January 1946.
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Regulation Information
| Citation | Decree No. 113 / 1946 Coll., on the full text of the Act on the occupying of buildings or parts thereof for public purposes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1946 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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