Act No. 123 / 1975 Coll.
Law on the use of land and other agricultural property to ensure production
Valid
Effective from 01.01.1976
123
THE LAW
of 13 November 1975
on the use of land and other agricultural property to ensure production
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 of their land and to protect their ownership, the Federal Assembly has decided on this law:
Right of use of land and other agricultural property to ensure production
Agricultural organisations, as well as state organisations carrying out scientific research and teaching tasks for the agricultural sector (hereinafter referred to as "agricultural organisations'), use land which they do not have in cooperative or substitute 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 '), provided that that right does not expire (§ 12, 12a).
(1) The right of use is free of charge; authorises the agricultural organisation to manage land and other agricultural property to the same extent as if it were the owner and to use it in accordance with legislation for the performance of all the tasks which are the subject of its activities.
(2) Where land use is concerned, the agricultural organisation may:
(a) make the adjustments necessary to ensure or increase agricultural production;
(b) to change and draw from their substance;
(c) to establish the structures necessary for the operation of the agricultural organisation.
(3) All crops on land used by the state agricultural organisation are State owned. All crops on land used by the cooperative agricultural organisation are owned by it.
(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.
(1) The agricultural organisation is entitled and obliged to protect its right of use against anyone who tampering with it.
(2) With land and other agricultural property for which it has the right of use, the agricultural organisation is required to manage properly; In particular, it is required to take care of the continuous increase in the fertility of agricultural parcels.
The same authorisations and obligations as those resulting from the right of use under this law are for the agricultural organisation as well as for the land which it uses in replacement.
(1) The right of use belongs to the agricultural organisation to the property referred to in Paragraph 1, which is used at the date of the entry into force of this Act.
(2) The right to use belongs to the agricultural organisation as well as to the residential parts of the agricultural holdings and the construction sites on which they are set up, provided that they have taken over the whole estate before 1 April 1964 and are used on the date of the entry into force of this Act.
(3) In doubt whether the agricultural organisation belongs to the right of use under paragraphs 1 and 2, the district national committee shall decide.
Temporary use
(1) The land may, with the consent of the owner, be transferred to temporary use by an agricultural organisation belonging to it.
(a) to their members or to their workers for agricultural use;
(b) a State or cooperative organisation for agricultural and, exceptionally, non-agricultural use;
(c) a social organisation for agricultural use;
(d) other citizens for agricultural use.
(2) 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.
(3) Temporary use is created by a written contract. An agreement on the transfer of land for temporary use may also provide for an appropriate remuneration and means of settlement after temporary use.
(4) The user to whom the land has been left for temporary use for agricultural use may, with the prior agreement of the owner and the agricultural organisation, make modifications and establish temporary structures necessary for agricultural use. This also applies to buildings transferred by the agricultural organisation to temporary use in terms of construction adaptations. The consent of the owner and the agricultural organisation shall be the basis without which the construction office may not issue a territorial decision, a building permit or a statement that it does not object to the implementation of the construction (1).
(5) All the grassland produced on the land during the period of temporary use is the property of the temporary user.
(6) Temporary use ends with the end of the period for which it was agreed. If the period is not agreed, it shall end with the end of the period in which the purpose for which the land was used was or could be achieved. Use may end with a notice of six months' notice on 31 December of the current year, unless otherwise provided for in the generally binding legislation or agreement of the participants.
(7) At the end of the period of temporary use, the user is obliged to put the land in its original state, unless there is something else in the contract to transfer the land to temporary use or later arrangement; ensure that there are no unjustified economic losses.
Transfer of rights of use
(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.
(2) The right of use shall always be transferred free of charge. However, if the agricultural organisation whose right of use is transferred has incurred, by its own resources, the costs of investing in the immovable property used, it may require the agricultural organisation to which the right of use is transferred to pay those costs; their amount is determined by valuation of the value of the investments at the date of transfer of the right of use.
Termination of the right of use
(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 ceases to exist by concluding an agreement on the temporary use of land by agricultural organisations (§ 12a (2)).
(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 permanent evaluation of the building according to the condition at the time of the cancellation of the right of use.
Transitional and final provisions
(1) The right of use provided for in Article 5 (1) shall not arise if the agricultural organisation uses agricultural property under a contract under Civil Code No. 40 / 1964 Coll.; this is not the case if it is for agricultural land.
(2) The contractual obligations of agricultural organisations on the purchase of live inventory and stocks pursuant to Article 4 of Decree-Law No 50 / 1955 Coll., on certain measures to ensure agricultural production that arose before the Act was effective remain unaffected.
The right to use real estate shall be entered in the real estate register in accordance with the property registration regulation.3)
Government Regulation No 50 / 1955 Coll., on certain measures to ensure agricultural production, is hereby repealed.
This Act shall take effect on 1 January 1976.
Husák v. r.
Indra v. r.
Strougal v. r.
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).
3) Act No. 22 / 1964 Coll., on the registration of real estate, and the Decree of the Central Administration of Geodesy and Cartography No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on the registration of real estate.
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Regulation Information
| Citation | 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 | 19.11.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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