Decree No. 122 / 1984 Coll.
Decree of the Federal Ministry of Finance on Reimbursement in Expropriation of Buildings, Land, Objects and Rights
Valid
Effective from 01.01.1985
122
DECLARATION
Federal Ministry of Finance
of 21 November 1984
on compensation for expropriation of buildings, land, crops and their rights
The Federal Ministry of Finance in agreement with the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic pursuant to § 143 (2) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act) provides:
Subject matter and scope of the adjustment
(1) This decree regulates the method of determining the amount of compensation for the expropriation of buildings, land, crops and their rights ("compensation ') by the State to citizens, to socialist organisations other than state and non-socialist organisations.
(2) The compensation under this Order is granted for:
(a) residential houses, buildings for individual recreation, garages, fences, wells, other buildings, outdoor treatment, unfinished buildings, land and stands;
(b) the withdrawal or, where appropriate, the restriction of the right of personal use of the land;
(c) the abolition, restriction or establishment, where appropriate, of a right corresponding to the material burden on land, buildings and crops.
(3) The Decree does not apply to refunds for the expropriation of apartments and rooms privately owned by non-residential persons. 1)
Compensation for buildings, land and stands
(1) Compensation for buildings, land and stands for citizens and non-socialist organisations shall be fixed at the price recorded in accordance with the applicable price regulation.2)
(2) Compensation for non-family houses acquired by citizens from socialist property at a price higher than under the applicable price regulations shall be granted at the rate of the identifiable acquisition costs reduced by appropriate wear.
(3) Compensation for non-personal buildings acquired by citizens or non-socialist organisations from socialist property at a price agreed under special regulations, (3) and which have not been reused by the date of expropriation shall be granted at the rate of this negotiated price, less appropriate wear.
(4) The compensation for construction works to socialist organisations other than state organisations is set at the cost of the purchase price less the corresponding wear.
(5) Compensation for land and stands for socialist organisations other than state organisations is provided for in Sections 14 and 17 of Decree No. 128 / 1984 Coll. and Sections 14 and 17 of Decree No. 129 / 1984 Coll.
Compensation for the withdrawal or limitation of the right of personal use of the land
Compensation for the withdrawal or limitation of the right of the personal use of the land or part thereof shall be fixed at the amount of remuneration paid for the establishment of that law4), taking into account the costs effectively incurred for the permanent improvement of the land (construction, cultivation). Compensation for the cost of permanent improvement shall also be granted for land or part thereof for which the right of personal use has been established free of charge.
Compensation for revocation, restriction or establishment of rights corresponding to material burdens
(1) Where the expropriated construction, land or the right of personal use of the land is linked to a right corresponding to the burden in kind, (5) on which the proper use of another building or plot depends, an appropriate compensation shall be granted upon its cancellation or limitation, corresponding to the costs to be incurred to ensure the proper use of the building or plot.
(2) Similarly, the cancellation or limitation of the right corresponding to the burden in kind shall be carried out without the expropriation of the construction, land or the right of personal use to which that right corresponds to the burden in kind.
(3) When establishing a right corresponding to a burden of substance, a reasonable compensation corresponding to the extent of that limitation shall be granted for the limitation of ownership of the construction, land or the right of personal use.
Provision of compensation
(1) The refund shall be paid in cash. A right corresponding to the burden in kind may also be compensated in kind.
(2) The refund shall be granted by a State organisation in whose administration the expropriated building or land is transferred or in respect of which a right corresponding to the burden in kind has been established by the expropriation.
(1) Reimbursement shall be granted to the person whose right or right of use of the land ceases to exist or whose right or right of use of the land is restricted. Reimbursement of crops on land which are under special rules in the use of the agricultural cooperative organisation shall be granted to that organisation.
(2) Compensation for the revocation or limitation of a right corresponding to a burden in kind shall be granted to the creditor.
(3) Compensation for the establishment of a right corresponding to a burden in kind shall be granted to the person whose ownership or right of use of the land has been restricted by the establishment of that right.
(1) The removal or transfer of non-expropriated portable buildings from the expropriated land or from the land for which the right of personal use has been withdrawn or restricted shall be subject to compensation equal to the cost effectively incurred; such refund shall not be granted where the owner has been obliged, by contract or by official decision, to remove it for his cargo.
(2) The transfer of uppers and other movable property of the user of the expropriated building to a new destination shall be subject to compensation equivalent to the cost effectively incurred.
Final provisions
The provisions of § 1 (1) (c), § 12 to 21 and § 24 of Decree No. 43 / 1969 Coll., on the prices of buildings owned by persons and on the compensation for the expropriation of real estate, and § 1 (1) (c), § 12 to 21 and § 24 of Decree No. 47 / 1969 Coll., on the prices of buildings owned by persons and on the compensation for the expropriation of real estate are hereby repealed.
This Decree shall take effect on 1 January 1985.
Minister:
Lér v. r.
1) Paragraph 12 (2) of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the SSR, the Czech Price Office and the Slovak Price Office No. 47 / 1978 Coll., on the sale of national property apartments to citizens and on financial assistance in the modernisation of purchased flats, as amended by Decree No. 160 / 1983 Coll.
2) Sections 2 to 14, 17, 19 paragraphs 1, 2 and 3 and 20 of the Order of the Czech Price Office No. 128 / 1984 Coll., on the prices of buildings, land, crops, fees for establishing the right of personal use of land and compensation for temporary use of land. Articles 2 to 14, 17, 19 paragraphs 1, 2 and 3 and 20 of the Slovak Price Office Order No. 129 / 1984 Coll., on the prices of buildings, land, crops, remuneration for the establishment of the right of personal use of land and compensation for temporary use of land.
3) § 18 of Decree No. 128 / 1984 Coll. § 18 of Decree No. 129 / 1984 Coll.
4) Paragraph 198 (2) of the Civil Code (full version No 70 / 1983 Coll.).
5) Sections 135b and 135c of the Civil Code.
6) Act No. 122 / 1975 Coll., on Agricultural Cooperatives. Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production.
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Regulation Information
| Citation | Federal Ministry of Finance Decree No. 122 / 1984 Coll., on Refunds in Expropriation of Buildings, Land, Objects and Rights |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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