Decree No. 12 / 1945 Coll.
Dekret of the President of the Republic on confiscation and rapid distribution of agricultural assets of Germans, Hungarians and traitors and enemies of the Czech and Slovak people
Valid
Effective from 23.06.1945
12.
Decret of the President of the Republic
of 21 June 1945
on the confiscation and rapid distribution of agricultural property by Germans, Hungarians and traitors and enemies of the Czech and Slovak people
It is based on the call of Czech and Slovak peasants and stateless people for a thorough implementation of new land reform and led primarily by an effort to take Czech and Slovak land once and for all from the hands of foreign German and Hungarian landowners, as well as from the hands of traitors of the Republic and to put it into the hands of Czech and Slovak peasants and stateless people, I declare:
(1) With immediate effect and without compensation, agricultural property owned by:
(a) all persons of German and Hungarian nationality, regardless of nationality,
(b) traitors and enemies of the Republic of any nationality and nationality, manifesting this hostility particularly in the course of Christ and the war between 1938 and 1945,
(c) equity and other companies and corporations whose management has deliberately and intentionally served the German leadership of the war or fascist and Nazi purposes.
(2) The persons of German and Hungarian nationality who have actively participated in the fight to preserve the integrity and liberation of the Czechoslovak Republic are not confiscated in accordance with paragraph 1.
(3 Doubt cases shall be submitted by the District National Committee to the Regional National Committee, which shall forward them to the Ministry of Agriculture, which shall take a final decision in agreement with the Ministry of Interior.
(1) A person of German or Hungarian nationality shall be considered to have entered into German or Hungarian nationality in any census since 1929, or become members of national groups or departments or political parties bringing together persons of German or Hungarian nationality.
(2) Exemptions from the provisions of paragraph 1 will be determined by a special decree.
(1) It is considered to be traitors and enemies of the Czechoslovak Republic:
(a) persons who, collectively or individually, have engaged in activities against national sovereignty, independence, integrity, democratic-Republican state form, security and defence of the Czechoslovak Republic, who have been inciting such activities or other persons of their own accord and have deliberately and actively supported German and Hungarian occupants in any way;
(b) legal persons whose administration has deliberately and actively served the German or Hungarian leadership of the war or fascist and Nazi purposes.
(2) Whether a physical or legal person falls under the provisions of paragraph 1 (a), (b), is decided by the Regional National Committee in whose circumference the property in question lies, as proposed by the relevant Regional National Committee. The national committee of the Land shall present the doubtful cases to the Ministry of Agriculture, which shall decide in agreement with the Ministry of Interior.
The agricultural property (§ 1 (1)) is understood as agricultural and forestry land, including buildings and equipment, farm plants, serving their own agricultural and forestry holdings, and movable accessories (live and dead inventory) and any rights associated with the possession of confiscated property or part thereof.
(1) If there is agricultural property confiscated under Paragraph 1, in rent (pacht), all lease (pacht) contracts are cancelled. However, if the lessee is a person entitled to the land allocation (§ 7 (1)), it may be left to use it until the end of the marketing year. If the rented (smuggled) agricultural property is not allocated for any reason, the lessee (smuggler) shall pay the rent to the National Land Fund (§ 6, paragraph 1). Where confiscation is affected by physical or legal persons not covered by Article 3, the National Land Fund shall compensate them on a proposal from the local national committee for current costs and investments.
(2) Patronage rights and obligations relating to agricultural assets confiscated under Paragraph 1 shall cease to exist on the date of confiscation. In cases of special consideration, the National Land Fund shall provide compensation.
(3) The issue of debts and claims relating to confiscated assets (§ 1) will be settled by the Government Regulation. For now, salaries, pensions, taxes and other routine issues are paid by the national administrator.
(1) Agricultural property confiscated under Paragraph 1 is managed by the National Land Fund in the Ministry of Agriculture, which is hereby established, until the allocation is made. The Government is responsible for giving the status of this fund.
(2) The State will take over the related forest areas in an area of more than 50 ha, confiscated under § 1. If confiscated forest areas cannot be linked in a coherent whole to state forest land and do not exceed 100 ha, the National Land Fund shall forward them to the relevant national committee.
(1) The land shall be allocated from the agricultural property managed by the National Land Fund to persons of Slavic nationality:
(a) a deputant and an agricultural worker in an area of up to 8 hectares of arable land or up to 12 hectares of agricultural land in relation to its bonita;
(b) small-scale farmers in addition to the land property they still own up to 8 hectares or up to 12 hectares of agricultural land with respect to its bonita;
(c) a multi-member agricultural family in an area which complements its land assets so far, up to a maximum of 10 hectares of arable land or up to a maximum of 13 hectares of agricultural land with regard to its creditworthiness;
(d) municipalities and districts for public purposes,
(e) construction, agricultural and other cooperatives, composed of eligible candidates as referred to in (a), (b), (c) and (f);
(f) workers, public and private employees and retailers for the construction of their own house or for the establishment of a garden of up to 0.5 ha.
(2) In counties with a large majority of the population of German nationality, unless candidates for Czech or other Slavic nationality, qualified under paragraph 1 (a) to (f), the land remains in the administration of the National Land Fund for the purposes of internal settlement.
(3) Forest land up to 50 ha and up to 100 ha (§ 6 (2)) may be allocated to municipalities and forest cooperatives. This land shall be subject to state control.
(4) Confiscated buildings, facilities serving their own agricultural or forestry holdings, agricultural plants, orchards, monuments, archives and the like, as well as all confiscated properties, provided they are not allocated to public bodies, may be allocated to the property of:
(a) cooperatives made up of eligible candidates for joint use;
(b) exceptional to individuals (allocations) referred to in paragraph 1 (a) to (c).
(5) Whether confiscated property is allocated to cooperatives or individuals shall be decided on mutatis mutandis in accordance with Paragraph 9.
(6) The priority right of allocation is for those who have won and deserved national liberation, in particular soldiers and partisans, former political prisoners and deportees, and their family members as well as legal heirs, as well as peasants damaged by war. The right of priority shall be duly established.
The property transferred pursuant to Section 7 may be transferred, leased or encumbered only with the prior approval of the National Land Fund.
(1) In the case of a local national committee in whose district the confiscated property is situated, candidates responsible for the application of Paragraph 7 (1) (a), (b), (c), (d) and (f) shall choose a local peasant committee, comprising at most 10 members.
(2) The representatives of the local peasant committees shall elect a regional peasant committee at a regional national committee meeting which may have a maximum of 10 members.
(3) The local peasant commission shall draw up an allocation plan with a proposal for reimbursement (Section 10) for the allocated assets and submit it for approval to the county peasant commission.
(4) The County Farmers' Commission will examine the allocation plans submitted and the proposals for reimbursement and draw up an allocation plan and schedule of payments for the whole district. If there is no conflict between the allocation plans and the payment proposals submitted by each local peasant commission, or if there is an agreement between them, the district allocation plan and the schedule of payments after approval in accordance with paragraph 5 shall be valid.
(5) The allocation plan of the district peasant committee with a payment schedule shall be submitted immediately to the Regional National Committee, which shall forward it to the Ministry of Agriculture, with its due delivery, which may change the allocation plan with a payment schedule if important public or national interests are threatened, or if the provisions of Article 7 (1) (a) to (f) are not complied with. As regards agricultural plants (Section 7 (4)), the Ministry of Agriculture shall take the relevant decision in an agreement with the Ministry of Food in case of an allocation under Section 7 (4) (b).
(6) If the district peasant committee cannot overcome the discrepancies between the allocation plans and the proposals for reimbursement of local peasant committees and does not reach an agreement, or if there is a conflict between the county peasant councils of neighbouring councils, the county peasant commission shall refer the matter to the local national committee, which shall forward it to the Ministry of Agriculture with its due consideration.
(7) The Ministry of Agriculture and the Regional National Committee send to the Regional Farmers' Commission auxiliary bodies which assist in technical allocation work.
(1) The application for reimbursement is to be determined on the basis of the profitability, location, distance and state of cultivation of the land (fertilisation, sowing and planting) and on the basis of the property and family ratios of the allocation, namely:
(a) at least the value of one average annual crop per proposed area of land;
(b) not more than two average annual crops per proposed area of land;
(c) the remuneration for the buildings allocated shall be fixed at 1 to 3 of the annual rent of the buildings allocated. The rent may in any case be expressed in kind.
(2) Reimbursement for the allocated live and dead inventory and other facilities will be determined in accordance with the guidelines drawn up by the Regional National Committees and approved by the Ministry of Agriculture.
(1) The remuneration to be paid shall be:
1. on a one-off basis, not later than 12 months after the holding has been held, in cash or in kind; or
2. in instalments in cash or in kind, namely:
(a) 10% of the remuneration for land and accessories shall be paid on taking over the land allocated. On a proposal from the local peasant commission, which is already submitted in the allocation plan (Section 9), the National Land Fund may allow a deferral of the first instalment for a maximum of three years;
(b) the outstanding payment shall be due in accordance with a repayment plan drawn up by the National Land Fund, no later than 15 years after the date of receipt of the assets allocated.
(2) In cases of special consideration worthy and socially justified, the National Land Fund may, on a proposal from the peasants' commissions, waive the remuneration of the farmer and allocate the relevant agricultural property free of charge, in particular to persons with priority rights to the allocation (§ 7 (6)).
The remuneration shall be paid by the allocation to the National Land Fund as planned. This will be used to cover debts and liabilities linked to confiscated property, provided that such debts and liabilities are recognised and taken over, and to cover the war and damage caused on the property of persons who have been persecuted during the occupation for reasons of national, political and racial reasons, to increase agricultural production and for internal settlement. Any surpluses of the National Land Fund fall to the Treasury.
(1) All expenses and charges associated with confiscation (§ 1), the allocation (§ 7) and the library transfer of confiscated property are included in the remuneration determined under Paragraph 10.
(2) The entry of the allocation into land books will be provided by the National Land Fund for its own expenses.
(3) The transfer of assets under this decree shall be exempt from fees and charges.
This decree takes effect in the Czech and Moravian-Silesian countries on the day of its publication; It shall be carried out by the Ministers for Agriculture, Finance, Justice, Home Affairs and Food.
Dr Beneš v. r.
Fierlinger v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr Stránská v. r.
Děuriš v. r.
Majer v. r.
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Regulation Information
| Citation | Decree No. 12 / 1945 Coll., on confiscation and accelerated distribution of agricultural property of Germans, Hungarians and traitors and enemies of the Czech and Slovak people |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1945 |
|---|---|
| Effective from | 23.06.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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