Act No. 114 / 2000 Coll.
Act amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended
Valid
Law
Effective from 01.07.2000
Text versions:
01.07.2000
10.05.2000
114
THE LAW
of 5 April 2000
amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended by Act No. 485 / 1991 Coll. and Act No. 10 / 1993 Coll., is amended as follows:
1. in Article 2 (1), the following point (d) is added:
"(d) land built up by buildings which are transferred to municipalities pursuant to paragraphs 4 and 5;"
2. the following paragraphs 4 and 5 are added to Article 2, including footnote 3a:
"(4) Where the property owned by the municipalities on 31 December 1949 does not belong to any municipality as referred to in paragraph 1, since that municipality has ceased to exist, they, together with the buildings referred to in paragraph 5, shall be transferred to the municipality whose territory constitutes such property on 1 July 2000. 3a) If only part of the original property is situated in the relevant cadastral territory forming the territory of the municipality, only that part shall be transferred to the municipality.
(5) The property referred to in paragraph 1 shall be owned by the municipality on 1 July 2000 by construction of special-purpose roads, small buildings used for the performance of forest functions, for the exercise of the right of hunting or for the protection of permanent crops, small construction of melioratory facilities and minor construction of forest meliorations, provided that they were built between 1 January 1950 and 24 May 1991 on land owned by the municipalities on 31 December 1949 or transferred to municipalities pursuant to Article 2a of this Act, provided that they were owned by the Czech Republic on 1 July 2000.
3a) Paragraph 1 (2) of Act No. 367 / 1990 Coll., on Municipality (municipal establishment). § 2 (5) of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. '
3. The following Section 2a is inserted after Section 2:
(1) The property listed in § 2 (1) (a) to (d) is also transferred to the municipality on 1 July 2000, which:
(a) have been allocated to municipalities as allocations by decision of the competent state authority on the allocation granted under Decree No. 12 / 1945 of the President of the Republic Coll. or Decree No. 108 / 1945 of the President of the Republic Coll. or Decree No. 28 / 1945 of the President of the Republic, or have been issued to municipalities under Act No. 142 / 1947 Coll., on the revision of the first land reform, or under Act No. 46 / 1948 of the Coll., on a new land reform (permanent modification of ownership of agricultural and forestry land),
(b) have been approved by the competent state authority for the municipality as an allocation plan according to the decree of the President of the Republic No. 12 / 1945 Coll.,
if they are owned by the Czech Republic and do not transfer to the municipality pursuant to § 1 or § 2.
(2) The real estate referred to in paragraph 1 shall be transferred to the municipality, irrespective of the fact that the relevant allocation decisions or allocation plans have been issued after 31 December 1949 or have not been issued at all.
(3) The municipalities shall demonstrate the existence of the allocation referred to in paragraph 1 in particular:
(a) issued by an allocation note giving evidence to the municipality or to the competent national committee operating within the territory of the municipality;
(b) an approved allocation plan; or
(c) an approved graphic allocation plan.
(4) If the allocation cannot be evidenced by the documents referred to in paragraph 3, the document drawn up by the competent State authority shall be considered as proof of the allocation, indicating the reference number of the allocation decision, if it becomes apparent both the extent of the allocation and the allocation.
(5) Paragraph 2 (4) and (5) shall apply mutatis mutandis to the property referred to in paragraph 1. ';
4. Article 4 (1) (c) is replaced by the dot at the end of the comma and point (d) is deleted.
The claims established by this Law in Article I do not affect matters which have acquired ownership of persons other than the State before the Act is effective.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the property of the municipalities, as is apparent from later regulations.
This Law shall take effect on 1 July 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 114 / 2000 Coll., amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the property of municipalities, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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