Decree No. 13 / 2014 Coll.
Ordinance on the procedure for the implementation of land-based treatment and the formalities for the design of land-based treatment
Valid
Effective from 01.02.2014
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13
DECLARATION
of 10 January 2014
on the procedure for the implementation of land-based treatment and the formalities for the design of land-based treatment
The Ministry of Agriculture provides, pursuant to Article 27 of Act No. 139 / 2002 Coll., on Land Adjustments and Land Offices and amending Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended, as amended, as amended by Act No. 503 / 2012 Coll., hereinafter referred to as "the Act":
Subject matter
This decree regulates
(a) the details of the design of the land modification;
(b) the rules governing the procedure for the implementation of land-use modifications;
(c) the content of the application form for an official authorisation to design land-use modifications pursuant to Article 18 (6) of the Act.
Forms of the land design
The elements of the land modification proposal are set out in Annex 1 to this Decree.
Preparation of land modification proceedings
(1) As a general rule, the Land Office shall notify the expected date of commencement of the land modifications to the relevant cadastral office and to the municipality concerned in advance.
(2) In particular, the land-use arrangements or their preparatory work shall ensure:
(a) an updated set of geodetic information and an updated set of descriptive information of the cadastral operator or, where appropriate, of the former land register operators and downstream operators of the allocation and assembly procedure, to the extent necessary and in the form in which they are kept or stored, and documentation of the results of the investigation and measurement for the management and recovery of the geodetic information file (1);
(b) allocation documents or decisions or other documents under other legislation2) which may be used to specify or reconstruct land-based allocations (Section 13 of the Act);
(c) maps of Bonized Soil Organic Unit3), maps of comprehensive soil survey and maps of forest types,
(d) approved or developed zoning documentation, zoning documents and territorial decision4),
(e) available supporting documents, analyses and information on the state of the territory and its use including field surveys carried out, such as water conservation or vulnerable areas, aerial and underground facilities, soil protection, geological surveys, transport, environmental stability systems, landscape protection, hydrological data, climatological data, forest economic plans, forest economic curricula, previously processed land-based projects and data of the Czech hydrometeorological institute;
(f) verified data on the location of distribution networks, liner structures and melliorative facilities;
g) ortho-photographs, aerial and satellite images, data from basic base of geographical data, map of erosion threat to the territory and register of soil blocks, which is part of land use records according to user relations, digital model of the territory of the Czech Republic.
Surgery of land treatment
(1) The district of land-use adjustment consists of land
(a) dealt with under Article 2 of the Act; and
(b) unresolved under Article 2 of the Act, for which a set of geodetic information needs to be restored.
(2) When determining the perimeter of land-use modifications, the Land Authority shall proceed by including in the perimeter the parcels it has assessed as necessary to achieve the objectives of land-use modifications, taking into account the requirements of the municipality.
(3) The land included in the building with a descriptive or registered number and which does not serve agricultural production may be dealt with in the land-use arrangements provided for in Article 2 of the Act if it immediately follows the proposed measure of the common plant plan.
Analysis and evaluation of the current situation
(1) An analysis of the current situation, which includes a detailed field survey, shall be carried out throughout the entire perimeter of the land treatment. Where necessary for the protection of land against water erosion and from floods or other water measures, a survey shall also be carried out at sites downstream. The survey shall be carried out in such a way as to establish the actual state of use of the land in terms of agricultural production, soil protection, nature and landscape protection and all factors which may affect the plan of joint facilities (Section 9 (8) of the Act) of the new land location arrangement or the change of land according to their species. The Land Authority shall ensure that a study of outflow ratios is carried out.
(2) The analysis of the current situation will focus on those elements which are necessary for the processing of the design of land-based modifications. They are especially
(a) the method of simultaneous land use and the marking of their borders;
(b) transport load, technical condition of all roads, including their components and accessories, and access to land;
(c) the degradation of soil, the distribution and state of all elements used to protect against water and wind erosion, the detection of signs of water and wind erosion, which are shear, contamination, paths of concentrated water effluent, grooves, rims, deflation, accumulation; the current state of erosion is documented by calculating the rate of erosion hazard,
(d) water conditions, technical and functional conditions of drainage and irrigation of land, watercourses, water works, water tanks and functional conditions of ponds and wetlands and other measures to contain water in the landscape and to protect against floods and floods and to address the effects of drought;
(e) the area of nature and landscape, the location and status of elements of importance for the conservation of nature and landscape and the co-creation of landscape features;
(f) the presence of landfills of waste, energy, telecommunications, heat and other lines, including pillars of these lines, wells and, where appropriate, other specific features of the territory;
(g) the need for fertilisation or rendering measures on degraded and contaminated soils.
(3) An analysis of the current situation is made of the discrepancy between the facts in the field and those registered in the real estate register, while assessing the possibilities of changing the types of land.
(4) In particular, State maps 1: 5 000 or other supporting documents shall be used to analyse the current situation.
(5) The results of the analysis of the current situation shall be treated graphically and in writing as one of the basis for determining the basic objectives of the land-based treatment.
Participants
If the results of the land modification are used for the renewal of the cadastral operator, it shall be used to identify the participant to which the natural person is the natural person as the identifier of its birth number. If a natural person has not been assigned a birth number valid in the Czech Republic, the identifier according to the cadastral decree 5 shall be used). In other cases, the date of birth shall be used as an identifier in accordance with the Administrative Regulation (6).
Initiation
(1) Following the opening of the land modification procedure (Section 6 of the Act), the Land Office will convene an opening meeting (Section 7 of the Act). The opening of this opening procedure may, for reasons of economy, be carried out at the same time as the notification of the opening of the land-use adjustment. The opening proceedings may be preceded by the identification of the progress of the borders (Section 9 (5) of the Act).
(2) At the opening meeting, the participants present at the meeting shall be provided with information on the essential facts identified during the preparation of the land-modification procedure and on the objectives and procedure for the implementation of the land-modification procedure.
(3) From the opening proceedings, the Land Office shall obtain a registration, annexed to which is a attendance document, the formalities of which are adequately governed by Paragraph 18 (2) of the Administrative Regulation. The presentation document is one of the documents concerning the selection of the College (Section 5 (5) of the Act).
(4) Persons authorised by the Land Office to enter and enter the land (Section 6 (9) of the Act) are required to submit on request a written mandate and identity card to the owner on whose land they enter.
(5) After the opening of the procedure, but not later than 30 days before the opening of the opening proceedings, the Land Office shall invite other municipalities whose territorial perimeter is adjacent to the land covered by the land modification circuit to state whether they will accede to the land modification proceedings. All documents relating to proceedings and decisions without annexes shall be served on these other municipalities during the proceedings.
Assembly of Representatives
(1) The members of the College shall be elected individually. When choosing the College, the representatives of the Land Office and the processor shall not be responsible for any vote.
(2) A representative of the Land Office or a representative of the municipality may also be chairman of the College.
(3) A record shall be drawn up of each meeting of the College, signed by the chairman of the College and the head of the Land Office or by his authorised staff.
Border tracing
(1) The Land Office shall inform the municipality concerned and the cadastral office of the date of the border survey (Section 9 (5) of the Act) at least monthly in advance and shall discuss with them the manner and extent of cooperation in this survey.
(2) In order to determine the progress of the borders, the provisions of Section 42 of the cadastral law shall be applied mutatis mutandis. The survey of the boundaries of the land treatment circuits always results in refraction points with a quality code 35).
Compensation and amendment of the cadastral border
(1) According to the scope of the proposed change of border, only the change of border of the land concerned or the large downstream part of the neighbouring cadastral territory shall be included in the perimeter of the land modification so that the new layout of the land can be satisfactorily resolved in the relevant part of the neighbouring cadastral territory.
(2) The Land Authority shall submit to the Land Authority for registration in the Land Register for the change of border between the cadastral territory and the cadastral
(a) at the beginning of work on the design of land-use arrangements; if the new boundary of the cadastral territory cannot be identified with the passage of parcels displayed in the cadastral map, a geometric plan shall be included in the documentation to change the cadastral boundary; or
(b) within the time limit laid down in the agreement referred to in Article 10 (1), no later than 60 days before the acquisition of legal power of the decision referred to in Article 11 (8) of the Act; In this case, the geometrical plan shall be replaced by documentation for the renewal of the cadastral operator based on the results of the land modification.
Geographical activities
(1) In particular, the Land Office shall agree with the cadastral office on the procedure and formalities for the processing of documents for the renewal of a set of geodetic information for land within the area of land treatment not covered by Article 2 of the Act and the intervals and forms in which the changes concerning land for which the Land Register notes the opening of land treatment are indicated by the Land Authority. Part of this agreement is the establishment of conditions for the protection of interests under Section 6 (6) of the Act by the cadastral office.
(2) The measurement of the territory, including the land covered by Section 2 of the Act, shall be determined by calculating from the refraction point coordinates of the perimeter of the land adjustment defined with code 3 the characteristics of the quality of the coordinates of the detailed points.
(3) The territorial dimension established in accordance with paragraph 2 shall be compared with the area of the territory obtained by the sum of the areas of all parcels dealt with in accordance with Article 2 of the Act registered in the property register. It is not decisive what method of determining the area is registered for land parcels in the real estate register. The difference in the area shall be compared to the limit deviation established by the cadastral decree.
(4) If the difference in the area referred to in paragraph 3 does not exceed the limit deviation laid down in the cadastral decree, the sums of the area of land covered by Article 2 of the Act in the list of entitlements shall be corrected by a correction factor so that the difference found under paragraph 3 is eliminated. The correction coefficient shall be calculated with a precision of 6 decimal places as a proportion of the area of the perimeter referred to in paragraph 2 and the area calculated by the sum of the area of all the parcels covered by Paragraph 2 of the Act registered in the property register.
(5) If the difference in the area referred to in paragraph 3 exceeds the specified limit deviation, the contractor shall verify that there is no error in the location, in the calculation of the area or in the sum of the areas of the plot according to the cadastral. If the contractor does not find such an error, the Land Authority shall proceed further on the basis of the results of the discussions with the cadastral office.
(6) In the case of land in the perimeter of land-based treatment not covered by § 2 of the Act, the identification of the boundaries and their orientation and the drawing up of a new set of descriptive and geodetic information under the cadastral decree shall be carried out in order to know their actual area, type of land and method of use at the time of processing the list of claims and to enable the procedure under the cadastral decree.
(7) In the detailed measurement of the semi-hovels, the elements required for the design of land treatment, namely drains, wells, irrigation hydrants, water springs, surface drainage, watercourses, water tanks, other water surfaces, limits, above ground and underground lines, timber growing outside the forest, rail axis, field and forest paths, gatherings, passes, paths of concentrated surface water drains, fences and construction of permanent crops, interface of land types, buildings and small buildings. Where appropriate, a detailed training course shall also be carried out.
(8) Where necessary, a survey shall be carried out on the property boundaries of the parcels covered by Section 2 of the Act on the Crops and on the buildings and gardens included in the parcels covered by Section 2 of the Act. For this survey, the Land Office invited the land owners concerned.
(9) For land which does not require a solution within the meaning of Section 2 of the Act and the Land Authority provides only the necessary land-based activities for the restoration of the cadastral operator, the results of these activities shall be transmitted to the cadastral office immediately after their completion.
(10) The verification of the results of the surveying activities shall be carried out in accordance with the Geometry Act and the Decree implementing that act).
List of entitlements
(1) On the basis of a finding of non-compliance between the facts in the field and the condition registered in the property register, the Land Authority shall convene a hearing before drawing up an inventory of claims, to which it shall invite a representative of the Agricultural Land Fund Protection Authority, the Nature Protection Authority, the Land Planning Authority, the State Administration of Forests and, where appropriate, other authorities concerned. At this meeting, the possibility of changing the types of land and their use shall be assessed. The comments of the authorities concerned on changes in the types of land and their use shall be entered in the Protocol and, where appropriate, accompanied by such comments. The list of entitlements shall state the facts in accordance with the outcome of the negotiations.
(2) A separate list of entitlements shall be drawn up for those parcels on which the land covered by Article 3 (4) of the Act is indicated. It is also done in the preparation of a list of new land.
(3) The list of entitlements which forms part of the dossier referred to in Article VI (7) of Annex 1 to this Regulation shall be drawn up in a table in accordance with the model in Annex 2 to this Regulation. The individual inventories of the entitlements shall bear the signature of the person officially authorised to design the land modifications and the stamp of the person with a national emblem. This inventory of claims shall be delivered by the Land Office to the owner in its own hands, shall specify the time limit for the application of the objections and shall instruct the owner of the procedure for the consent of the land settlement referred to in Article 3 (3) of the Act.
(4) The basis for drawing up the list of entitlements shall be the focus and identification of the actual field situation and the outcome of the negotiations referred to in paragraph 1. In the case of land covered by Section 3 (3) of the Act, the type of land held in the land register applies. The list of entitlements shall state in the note "Paragraph 3 (3) 'and the grounds for classification in this category of land.
(5) If the owner of the land referred to in Article 3 (3) of the Act agrees to their solution within the meaning of Article 2 of the Act, he shall give his written consent in the inventory of claims. If, within the time limit laid down by the Land Office pursuant to paragraph 3, the owner does not comment on the solution of the land referred to in Article 3 (3) of the Act, the consent shall be accompanied by proof of receipt of the list of entitlements which shall be attached to the specific list of entitlements in the file file.
(6) For land the owner of which is not known (Section 9 (16) of the Act), this is to be stated in the list of claims in the note.
(7) If the owner of the land with one plot of land and the area of the land is entered into the land arrangements, the part corresponding to the co-ownership share after the actual distribution of the co-ownership shares (Section 9 (16) of the Act) will be increased by one plot in the event of a waiver from the requirement to pay the price difference (Section 10 (2) of the Act).
(8) The Land Office shall ensure the transmission of the results of the surveying activities under the cadastral decree prior to the submission of these objections to the objections submitted to the land not covered by Article 2 of the Act, which the Land Office shall transmit to the cadastral office pursuant to Article 8 (1) of the Act for decision.
(9) The status of the property register shall be the basis for drawing up the list of entitlements on the date indicated on the list of entitlements.
Valuation of owners' claims
(1) If it is found on the land of the owner of the timber growing outside the forest, the Land Authority shall, by means of an inventory of the land owner's claims, ask the Land owner to express, within a specified period, whether he requires their valuation. In the case of the valuation of timber grown outside the forest, the list of entitlements shall indicate the existence of such timber by a designation of their species.
(2) The coefficient referred to in Article 10 (4) shall not apply to the price of the crop.
(3) A crop which is part of a plot of land covered by Article 2 of the Act, the size of which does not change or change by more than 10%, and at the same time does not change its location or the owner in the case of such a plot of land.
(4) In the case of parcels listed in the list of entitlements or in the list of new parcels, more soil-protected ecological units may be indicated.
Updating the list of claims
(1) In the course of the processing of the design of land modifications, the list of claims shall be specified, for example due to the modification of the perimeter of land modifications and the change of the heading of the participants pursuant to Article 9 (6) of the Act or the settlement of the joint ownership pursuant to Article 9 (16) of the Act. The last initiative to update the list of entitlements may be taken into account no later than 30 days before the proposal is issued. Updated inventories of entitlements shall be delivered only to the owners concerned. The amendments which will take place later will be dealt with by means of the provision of the continuation of the instruments when a decision is taken under Article 11 (8) of the Act.
(2) If co-ownership is to be settled only after an inventory of claims has been unloaded, their claims shall be adjusted for the owners concerned in accordance with the co-ownership settlement agreements concluded.
(3) If, by reason of the adjustment of the perimeter of the land-use adjustment, the correction coefficient (Section 8 (1) of the Act) is changed to the first three decimal places, the list of entitlements should be updated.
Entitlements of persons referred to in § 8 (2) of the Act
(1) The persons referred to in Article 8 (2) of the Act shall prove their claim by providing proof of the transfer of ownership to another owner of the land claimed, including graphic identification of the land claimed in the current map of the territory.
(2) The land referred to in Section 8 (2) of the Act is valued at the average price of agricultural parcels in the cadastral territory (7) concerned by the cadastral adjustments. The forest parcels which have become part of the territory of the People's Republic of Poland after 1958 will be valued as of 1958.
Processing of joint gear plan
(1) The joint gear plan shall be drawn up in such a way as to include an overview of the existing and proposed joint facilities, including overall land type changes. The plan also contains an overview of the area of land to be allocated for the implementation of joint facilities, as well as an overview of the land and its areas available for common facilities, with a breakdown into the land owned by the State, the municipality and, where applicable, the land of other owners (Section 9 (17) of the Law).
(2) The results of the analysis of the current situation pursuant to Article 5 (2) shall be evaluated together with the conditions of the authorities concerned (Article 6 (6) of the Act) and reflected in the draft plan of joint facilities. If necessary, the proposal shall be discussed with those authorities on the control date. The plan of joint facilities for the addressed cadastral territory shall be functionally linked to the current zoning plan in the neighbouring cadastral territory and to the territory outside the area of land treatment in the addressed cadastral territory.
(3) For common facilities, priority shall be given to land purchased or donated for the benefit of the State and referred to in Article VII (2) of Annex 1 to this Decree.
(4) In the event of a shortage of land owned by the State and the municipality for common facilities, the owners' claims are reduced proportionally (Section 9 (17) of the Act) and the claims are updated by correcting the totals of the land and prices covered by the Act by a correction factor to 6 decimal places.
(5) When compiling a graphic computer file of a new digital cadastral map, the types of land are adapted to the resulting ownership boundaries of the new land; the related details of the measures are not considered to be contradictory to the draft joint gear plan to which the authorities concerned have already expressed their views (Section 9 (10) of the Act).
(6) Accessibility shall be ensured by land-based adaptations to the land referred to in Article 4 (1) (a). Forest land shall not be made available by land adjustment.
(7) The main drawing of the joint gear plan shall be accompanied by the signature of the members of the assembly, the date on which the assembly was informed of the joint gear plan, the stamp and the signature of the representative of the municipality, indicating the date of approval of the joint gear plan by the municipality. At the same time, it shall be authenticated by the signature of the person officially authorised to design land modifications and by the stamp of the person with a State emblem and the date on which the verification was carried out. The documentation of the technical solution of the joint equipment plan shall be verified for all proposed measures by an authorized person with the required specialisation according to Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorised engineers and technicians active in construction, as amended. If the Board is not elected, the owners of the joint facilities plan shall be informed by invitation to the inspection date (Section 9 (24) of the Act), which shall be convened by the Land Authority for that purpose.
(8) The land of one owner which is directly linked shall be made available as a whole.
(9) The proposed joint facilities shall be supplemented, as appropriate, by the calculations and the necessary scope of the technical solution to determine the required area of land for the measure.
(10) The area required for common facilities (Section 9 (17) of the Act) is involved in a proportion of all owners of the land covered, including those whose land is located in the downstream part of the neighbouring cadastral area in the area of land modification, even if no joint facilities are proposed in that downstream part.
Protection of soil, water and landscape
In the joint facilities plan, the entire perimeter of land-based modifications shall also be assessed in terms of erosion hazards and flood risks and the possibility of territorial retention in relation to the deceleration of surface effluents shall be assessed. The use of individual methods of protection is decided in particular by their effectiveness, the required reduction in soil skid, the reduction of maximum flows and the necessary protection of water resources, watercourses, water tanks and built-up parts of the municipality. The plan of joint facilities in the part aimed at anti-erosion and anti-flood measures shall be accompanied by a proposal for agro-technical and organisational measures. The note in the list of new parcels shall state that the parcels concerned are subject to agri-technical or organisational measures in accordance with the joint facilities plan.
Proposal for a new land arrangement
(1) The design of the new layout of the land shall not be taken into account in such a way as to contravene the agreed plan of joint facilities and the established use of the territory.
(2) The proposal for new parcels and their labelling must comply with the requirements of the cadastral decree. The proposal for a new arrangement of land is processed in the coordinate system of the Single Trigonometric Catastral Network. The dimensions of the new parcels shall be calculated from the coordinates of the fractional points of the parcel boundaries, rounded to the nearest square metre.
(3) When processing the design of the new land arrangement, account shall be taken of the updated status of the cadastral data. The results of land-based modifications pursuant to the cadastral decree for the processing of a renewed cadastral operator shall be transmitted to the cadastral office.
(4) The Land Office shall examine all the observations made by the parties to the land modification proposal and, where appropriate, discuss it with the parties concerned and inform them in writing of the comments.
(5) The land covered by the land modification circuit affected by the execution or insolvency proceedings is newly designed not to exceed the criteria of proportionality to the detriment of the owner, and note 10) is transferred to the newly proposed plot.
(6) The management of land in the area of land treatment may be proposed by the design of land treatment arrangements by an organisational component of the State, a state organisation or a state enterprise which needs it to perform the functions of the State or other tasks within its scope or the subject matter of the activity.
List of new parcels
(1) A complete list of new parcels is composed of:
(a) the originals of the inventories of the new parcels approved by the owner by his signature;
(b) inventories of new parcels supplemented by the original proof of delivery and a written invitation, provided that they are carried out in accordance with Article 9 (21) of the Act;
(c) the originals of the inventories of the new land on which the owner is opposed.
(2) The model for the inventory of new parcels is set out in Annex 3 to this Decree.
Purchase of land and real distribution of joint ownership
(1) The real distribution of joint ownership may be carried out by the Land Authority on the basis of a written agreement to abolish and settle joint ownership concluded by all joint owners. The signatures in this Agreement must be officially authenticated or signed before an authorised official person (8). The legal effects of the Agreement shall take place on the date on which the Agreement is signed by all joint owners. The agreement is the basis for a decision under Section 11 (4) of the Act and is not subject to a deposit in the Real Estate Register. The Real Land Distribution Agreement is not concluded in cases where one of the joint owners is a State.
(2) The Participants to the Agreement referred to in paragraph 1 shall be identified in the Agreement in the name, surname, date of birth and place of permanent residence, or place of residence in the Czech Republic according to the type of residence of the alien (hereinafter referred to as "permanent residence '); if the natural person does not have a permanent residence in the territory of the Czech Republic, he shall indicate his residence outside the territory of the Czech Republic, which is a public document. In addition, the agreement shall specify the joint ownership interest, the number of the title and the cadastral territory. The agreement shall specify the parcels which are the subject of the real division, including their area, and the result of that division, expressed by the corresponding proportion of the area or by the parcel numbers of the specific parcels obtained by the individual owner after the division. Land types are not listed. In reality, only the land covered by Section 2 of the Act can be divided.
Substantial burdens
(1) Where, pursuant to an approved proposal, a material burden is established on the land, the list of new parcels shall indicate the method or, where appropriate, the amount of the compensation.
(2) The consent of the parties concerned to the land modification proceedings is not required for material burdens which merely pass through and do not involve a change of ownership of the land so loaded.
(3) The location and extent of the newly established material burden are indicated in the map of the new layout of the land by a map mark according to the cadastral decree (5).
(4) The material burdens referred to in the fourth sentence of Paragraph 9 (18) of the Fourth Act are not affected to the extent of the adjustment.
Proportionality of quality, area and distance of original and proposed parcels
(1) A comparison of the price, size and distance of the proposed and original parcels is always made for all land registered in the property register on a single ownership note.
(2) The price of land and land on the list of entitlements as well as on the list of new parcels shall be shown in the sum by rounding up the whole of the 10 kroner. The difference in the price to be paid (Section 10 (2) of the Act) is rounded down to the whole crown.
(3) A single plot with which the owner enters into the land-use arrangements (Section 10 (2) of the Act) can be considered as a single plot of one owner which is directly connected. The waiver of payment of an amount not exceeding CZK 100 concerns each owner or co-owner separately. Where the co-owners agree to pay a price difference exceeding the 4% criterion, the corresponding part of the price relating to each co-ownership interest shall be reported separately.
(4) The distance shall be determined as a weighted arithmetic average of the distances of each parcel measured by the air line from the point agreed at the opening meeting. This point is the same for the addressed cadastral area as for the adjacent cadastral areas covered by the land treatment area.
Issue of land modification design
(1) The application to be made must already contain the parking numbers allocated by the cadastral office. If the parking numbers allocated by the cadastral office are only used when the design is issued, the draft shall also include a comparative compilation of the working and assigned parking numbers, indicating the number of the relevant property sheet on which the existing land in the cadastral is registered.
(2) In the published map of the design of the new layout of the land, the parcels are marked only with the parcel numbers allocated by the cadastral office.
(3) The application lodged with the Land Office must contain all the documents in the original. The paper form and documents archived by the electronic file service shall be considered as the original, except for the delivery of invitations to investigate the boundaries of the land which are part of the documentation transmitted to the cadastral office.
(4) The Land Authority may accept the objections and comments made to the proposal in question if all the participants concerned by the amendment agree to the amendment.
Decision on the approval of the land modification proposal
(1) The consent of the owners under Article 11 (4) of the Act means the consent obtained in accordance with the procedure laid down in Article 9 (20) and (21) of the Act, with the fact that the consent granted under Article 9 (21) of the Act is not held separately.
(2) The written and graphic part of the proposal, which, together with the decision approving the proposal, including the list of parties to the proceedings, is sent to the parties, shall be firmly linked to the decision in a bundle of staples, which shall be applied by means of a sticker so as to make it impossible to divide the documents without damaging them. The sticker shall be stamped on the relevant land office with a national emblem on both sides so that part of the stamp is printed on the sheet.
(3) The graphic part must be of such quality as to be legible and comprehensible to the parties.
Decision pursuant to Article 11 (8) of the Law
(1) In a decision issued pursuant to Article 11 (8) of the Law, the land covered by the land modification area shall take into account changes in the property register which occurred during the interruption of the procedure under Article 11 (9) of the Act.
(2) When a decision is taken pursuant to § 11 (8) of the Act, the Land Office pursuant to § 23 (2) shall apply mutatis mutandis. The graphic part of the proposal is not annexed to this Decision.
(3) The annex to the decision issued pursuant to Article 11 (8) of the Law shall include the remark referred to in the first sentence of Article 12 (6) of the First Law, which shall appear in the property register for the proposed measures [§ 9 (8) (a), (c), (d)].
Implementation of land treatment
(1) After approval of the proposal, the Land Authority shall discuss the process of implementing the joint facilities with the Board. The Land Authority shall, with the specified priorities of implementation (§ 12 (1) of the Act), inform the municipality of the decision under § 11 (8) of the Law after the acquisition of legal power. The town council resolution is evidence of the introduction.
(2) The implementation of the joint plant plan also involves planting and financing of the crop until the time of transmission to the municipality or to another party to the proceedings (Section 9 (12) of the Act). The planted crop, implemented in accordance with an approved plan of common facilities, shall be handed over by the land office to the municipality or to another participant no later than 3 years after the planting.
Specification and reconstruction of land-based allocations
(1) In the territories in which complex land-use arrangements are initiated involving the specification or reconstruction of the land, the Land Authority shall decide on the determination of the land boundaries (Section 13 of the Act). The quarries of the boundaries of the land resulting from the procedure for determining the boundaries of the land always have a quality code 35) and are the basis for the inventory of entitlements in the complex land adjustment procedure.
(2) In the procedure for specifying and reconstructing the allocations, the procedure shall be initiated and the opening proceedings shall be held, an entry list shall be drawn up which shall be delivered to all the parties known to the proceedings and, at the same time, shall be set up for a period of 15 days for public consultation, shall be targeted at the actual state of the field on the basis of which and on the basis of the supporting documents to be examined, shall be drawn up and the final meeting shall be held. On the basis of an exit list of entitlements, a decision shall be taken to determine the boundaries of the land.
(3) In drawing up the list of entitlements, Section 3 (3) of the Act shall not apply to land with the origin of the graphic allocation.
(4) If the specification and reconstruction of the allocations are completed by the entry of the decision on the designation of the land boundaries into the land register, the Land Office shall discuss the elements of the documents with the cadastral office. At the same time, it shall be agreed whether the measurement results shall be used to restore the cadastral operator or a geometric plan shall be drawn up. In this case, neither land valuation nor coupage valuation shall be carried out and the joint plant plan shall not be drawn up.
(5) In the case of land-use adjustment aimed at specifying or renewing the allocation (Section 13 of the Act), in addition to the formalities set out in the cadastral decree (11), a comparison between the original and new land shall be drawn up together with the decision to determine the land boundaries, including legal relations with them registered in the cadastral register.
Content of the application form for official authorisation to design land modifications
The written application for official authorisation to design land modifications shall include the name and surname, academic title, surname, date and place of birth, birth number, citizenship, place of permanent residence, contact details, father's and mother's surname, mother's surname, highest education, including the field or focus of study, specialisation, duration of professional experience in the design of land modifications, date and signature of the applicant. If no natural person has a permanent residence in the territory of the Czech Republic, he shall indicate his residence outside the territory of the Czech Republic, which is a public document.
Common provisions
(1) In the inventory of entitlements and the inventory of new parcels,
(a) shall indicate the joint ownership interest expressed as a fraction and, in the case of the joint capital of the spouses, the abbreviation "SJM,"
(b) for all abbreviations used, indicate the full text of the explanatory notes;
(c) the tables "land in the area of land treatment not covered under Section 2 of the Act" and "land outside the area of land treatment" shall indicate only in the case of the existence of such land; if the owner does not own such land in the addressed cadastral territory, the "do not exist 'shall be indicated; and
(d) the list of entitlements shall indicate the status of the cadastral property on a specific date.
(2) A dossier shall be considered as being certified by a person officially authorised to design land-use modifications within the scope of Parts I, II, IV, VI, VII, VIII of Annex 1 to this Decree.
(3) In proceedings for withdrawal of an official authorisation, the head office may assess the proposals drawn up by the person to whom the official authorisation is to be withdrawn, or provide for an assessment or partial assessment by another person holding an official authorisation.
(4) The models listed in Annexes 2 and 3 to this Decree are binding both in terms of content and graphic expression.
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Regulation Information
| Citation | Decree No. 13 / 2014 Coll., on the procedure for the implementation of land modifications and the formalities for the design of land modifications |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.01.2014 |
|---|---|
| Effective from | 01.02.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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