Act No. 114 / 1990 Coll.
Act amending and supplementing Act No. 123 / 1975 Coll., on the Use of Land and Other Agricultural Property to Ensure Production
Valid
Effective from 01.05.1990
114
THE LAW
of 19 April 1990
amending and supplementing Act No. 123 / 1975 Coll., on the Use of Land and Other Agricultural Property to Ensure Production
The Federal Assembly of the Czechoslovak Federal Republic has decided on this law:
Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production, as amended by Act No. 95 / 1988 Coll., is amended as follows:
1. The preamble reads:
"The equality of all forms of ownership requires owners to be able to fully exploit their agricultural land and other agricultural property and to remove any obstacles to the exercise of that right.
In order to achieve this objective, to strengthen the ownership relationship of the owners to their land and to protect their ownership, the Federal Assembly decided on this law: '.
2.
Agricultural organisations, as well as state organisations carrying out scientific research and teaching tasks for the agricultural sector (hereinafter referred to as "agricultural organisations'), shall use land which they do not have in cooperative or alternative use, as well as other agricultural assets which are not the property of the State, cooperatives or social organisations, on the basis of the right of use to ensure production (hereinafter referred to as" the right of use '), unless that right ceases to exist (§ 12, 12a).'
3. In Paragraph 2 (1), the words "and unlimited in time 'are deleted.
4. In Paragraph 2 (2), the word "in particular 'is deleted and in point (c) the words" and housing houses in the framework of corporate housing' are deleted.
5. Article 2 (4) reads as follows:
"(4) Where the use of buildings is concerned, the agricultural organisation may, in particular, make the adjustments necessary for their effective use only with the consent of the owner. ';
6. In Paragraph 3 (2), the words "in the interests of society and to use them as effectively as possible to develop socialist agricultural production 'are deleted.
7. Sections 6 and 7, including the title, shall be deleted.
8. In Article 9 (1), the words "not suitable for socialist agricultural production 'and" in that order' are deleted; the words "with the consent of the owner 'shall be inserted after the words" the right of use belongs'.
9. In Article 9, paragraphs 2 and 8 are deleted.
Article 10 (9) (3) reads as follows:
"(3) The agricultural organisation may also transfer to temporary use the buildings to which the right of use or parts thereof belong and the land on which the buildings are set up. ';
11.
"(4) Temporary use is established by a written contract. An agreement may also be made in the contract for the transfer of land for temporary use, the appropriate remuneration and method of settlement after temporary use. '
12. in the first and third sentences of Article 9 (5), the words "owner" shall be inserted before the words "agricultural organisation."
13. in Paragraph 9 paragraphs 3, 4, 5, 6, 7 and 9 shall be renumbered paragraphs 2, 3, 4, 5, 6 and 7.
14.
"(1) The right of use may be transferred by the agricultural organisation to another agricultural organisation by a written contract, with the consent of the owner. ';
15. Paragraph 10 (3) shall be deleted.
16. Article 11 is deleted.
17. § 11a is released.
18.
(1) The right of use shall cease by the transfer or transfer of the property used to the property held by the agricultural cooperative or the State; any other change in ownership shall not affect the right of use.
(2) The right of use shall cease to exist by its abolition (Paragraph 12a (1) and (3)).
(3) The right of use shall cease by concluding an agreement on the temporary use of land by agricultural organisations (§ 12a (2)). "
19. § 12a reads:
(1) The District National Committee shall revoke the right of use of the land on the application of its owner. Agricultural land may only be returned to agricultural use; the period of expiry of the right to use the agricultural parcel shall be determined after the harvest, unless the owner agrees otherwise with the agricultural organisation. The whole area of the land shall be returned unless the owner agrees otherwise with the agricultural organisation.
(2) In the absence of an agreement, the District National Committee will not abolish the right of use of the land, if the land is built, if the building is not owned by a citizen, if the land on which the permanent crops have arisen during the period of the right of use, or if the land is not available, or if the land is not available. In this case, the agricultural cooperative shall, at the request of the owner, exchange its land for another suitable posite1) owned by the cooperative and the state agricultural organisation for another suitable posite1) owned by the State. If the agricultural organisation does not have such land, it is obliged to leave the owner another suitable use1) for temporary free use; The land shall be left to the 1 January of the current year at the request of the owner no later than 6 months in advance. Where an agricultural organisation cannot leave the owner an appropriate land for temporary use or the owner does not agree to the transfer of such land, the agricultural organisation shall conclude an agreement with the owner on the temporary use of its land for remuneration; such an agreement may be terminated unilaterally on 31 December of the current year with five years' notice. The owner may appeal to the court within 15 days of service of the decision rejecting the owner's application for the revocation of the right of use of the land. The provisions of the Civil Code on review of decisions of other judicial authorities shall apply mutatis mutandis to proceedings. (2)
(3) The right of use of an economic building or other building (hereinafter referred to as the "economic building ') shall be revoked by the District National Committee on a proposal from the owner of the economic building. A decision to revoke the right to use the economic building shall also invalidate the right to use the built-in area with a courtyard or adjacent garden, as appropriate.
(4) Unless otherwise agreed between the owner of the farm building and the farm organisation, the farm organisation shall return the farm building to the owner in a state of normal wear; If the farm building has been assessed at the expense of the agricultural organisation, the owner shall provide the farm organisation with compensation corresponding to an effective and continuous evaluation of the building according to the condition at the time when the right of use is revoked. ';
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production, as is apparent from the amendments and additions made by Act No. 95 / 1988 Coll. and by this Act.
This Act shall take effect on 1 May 1990.
Havel v. r.
Dubček v. r.
CHF
1) In the transfer of land, the agricultural organisation shall proceed mutatis mutandis in accordance with the principles laid down in Sections 17 and 18 of Decree No 27 / 1958 of the Ministry of Agriculture and Forestry of the Ministry of Forestry, which lays down the implementing provisions for the Government Regulation on measures in the field of economic engineering adjustment of land.
2) Act No. 99 / 1963 Coll., Civil Code, as amended (§ 244 to 250).
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Regulation Information
| Citation | Act No. 114 / 1990 Coll., amending and supplementing Act No. 123 / 1975 Coll., on the Use of Land and Other Agricultural Property to Ensure Production |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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