Act No. 139 / 2002 Coll.
Act on Land Treatment and Land Administration and Amendment to Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended
Valid
Law
Effective from 01.01.2003
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139
THE LAW
of 21 March 2002
on land modification and land offices and amending Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended
Parliament of the Czech Republic has decided on this law:
GENERAL PROVISIONS
Purpose
This law regulates the land modification procedure and the jurisdiction of the State Land Authority (1). For the purpose of this Act, the activities of the State Land Office are divided into activities carried out by the head office of the State Land Office (hereinafter referred to as "the Headquarters') and those carried out by the Regional Land Office (hereinafter referred to as" the Land Office ').
Country adjustments
Land adjustments (2) shall be organised in the public interest in a spatial and functionally manner, shall be integrated or divided and shall ensure the accessibility and use of land and the levelling of its borders so as to create conditions for the rational management of land owners. In this context, the original land will cease to exist and new land will be created to which ownership rights and related material burdens are organised within the scope of the decision pursuant to Article 11 (8). At the same time, land-based adjustment aims to ensure conditions for improving the quality of life in rural areas, including facilitating diversification of economic activity and improving the competitiveness of agriculture, improving the environment, protecting and nationalising the soil fund, forestry and water management, in particular in the area of reducing the adverse effects of floods and droughts, addressing outflows in the countryside, and improving the environmental stability of the landscape. The results of the land modification are used for the restoration of the cadastral operator (3) and as an unforgettable basis for territorial planning.4)
Subject matter and perimeter of land treatment
(1) Land use is the object of all land within the area of land use (paragraph 2), regardless of the current use and existing ownership and exploitation relations.
(2) The circumference of land treatment is the territory affected by land treatment consisting of one or more units in one cadastral territory. If necessary for the restoration of the cadastral operator, land which does not require a solution within the meaning of Section 2 may be included in the perimeter of the land modification, but a set of geodetic information must be restored. 3) If appropriate to achieve the objectives of the land-use adjustment, land in the neighbouring cadastral area may also be included in the perimeter of the land-use adjustment. If necessary, a solution to the water management measures [Paragraph 9 (8) (c)] may, with the agreement of the head office, form more on the successive cadastral territories. The district of land may, with the agreement of the head office, also consist of several cadastral areas within a single municipality. Where the cadastral territory is within the jurisdiction of a land office other than the one which initiated the land modification proceedings, the land office which initiated the proceedings shall include the land in the land modification perimeter in agreement with the land office in whose territory the land is situated. Such land shall be decided by the land office which initiated the proceedings.
(3) Land land intended for the extraction of reserved minerals on the basis of a specified mining area, (5) Land intended for State defence, land built by state-owned construction can be dealt with in land-based adjustments (§ 2) only with the consent of their owner and the competent administrative authority. Land in the territory of national parks, national natural reserves, national natural monuments, natural reserves and state-owned natural monuments can be dealt with in land modifications only with the approval of the Ministry of the Environment. Land included in the reserve of state land for the implementation of state-approved development programmes (56) can be addressed in land-based adjustments only with the approval of the competent administrative authority. Land built by a non-state-owned building, land functionally related to that construction, including access roads, gardens, land in the built-up area, land in the built-up areas (4) and land on which public or non-public burial sites are located may be dealt with in land-based adaptations only with the consent of the owner. If the owners do not comment within the time limit set by the Land Authority, they shall be deemed to agree to a solution in land-based adjustments. The administrative authorities concerned shall send their consent within 45 days of the date of receipt of the call by the Land Authority, with a period of up to 15 days being added to that period, if it is a particularly complex case. Land under this paragraph shall be valued on the basis of the type of agricultural parcel nearest to it for the purposes of land-use adjustment in the case of their exchanges. Land unresolved within the meaning of § 2, for which only a set of geodetic information is restored, is not valued. Consent to land management is not required for land that is registered in the property register area with the use of land as other communications.
(4) State-owned land whose original owner was churches, religious orders and congregations, until the registration of rights on the basis of the instruments of issue of such land under the Act on property settlement with churches and religious society57) is kept and dealt with separately from other State-owned land. These land does not apply to common facilities as in the case of State-owned land (§ 9 (17)), but may be treated within the meaning of § 2. The newly created land under an approved proposal shall be regarded as originating property under special legislation8). This fact shall be indicated in the decision issued pursuant to Paragraph 11 (8) for the purpose of identifying the property register.
Forms of land treatment
(1) Land treatment is carried out in the form of complex and simple land treatment. A joint plant plan is always part of the complex land modification (§ 9 (8)).
(2) Where land treatment relates only to part of the cadastral territory, it shall be carried out by simple land treatment. In the case of simple land-based modifications, the processing of the joint gear plan may be waived if not for the procedure referred to in paragraph 3. If a joint gear plan is not part of the simple land modifications, a list of changes to the types of land 58) shall be drawn up on account of the discrepancies identified on which the authorities concerned will comment within 30 days.
(3) Simple land-use arrangements may be made without the exchange or transfer of ownership rights, for the purpose of placing and implementing (§ 12) common facilities (§ 9 (8)) on State or municipality grounds. Part of these simple land modifications is always the plan of common facilities. The Land Office shall decide on the approval of the joint gear plan in accordance with the procedure laid down in Sections 9 (10) and 9 (11) of the first, third and fourth sentences.
(4) Simple land modifications can also be carried out by specifying or reconstructing the land allocations (§ 13) assigned within the meaning of the Decisions of the President of the Republic No. 12 / 1945 Coll. and No. 28 / 1945 Coll. and Acts No. 142 / 1947 Coll. and No. 46 / 1948 Coll., where no other steps can be used).
The parties to the land modification proceedings
(1) The parties to the land adjustment proceedings (hereinafter referred to as "the parties") are:
(a) owners of land which are affected by the land modification solution referred to in Article 2 (hereinafter referred to as "land owners") and natural and legal persons whose property ownership or other land rights may be directly affected by the land modification solution; owners for whose land-based land-based adjustments are merely a set of geodetic information (§ 3 (2)) are not considered to be such persons,
(b) a construction plant, if the implementation of the land treatment is caused by the construction activity;
(c) the municipalities in whose territorial area the land covered by the land treatment area is situated; participants may also be other municipalities whose territorial area is adjacent to the land covered by the land modification circuit, provided that, within 30 days of the invitation of the competent land office, they accede to the land modification proceedings.
(2) In the land modification proceedings, the owner's name, surname, address of the place of residence and birth number of the natural person and the name, address of the person's registered office and identification number of the legal person shall be used for the purpose of making use of the results of the land modification for the renewal of the cadastral operator.
(3) Land owners who, as a result of a change in the perimeter of land-use treatment (Section 9 (6)), become parties to the proceedings shall be informed accordingly by the Land Authority. If the owner of the land ceases to be a party to the proceedings referred to in paragraph 1 (a), the administrative rules, as amended, shall be followed by Act No 500 / 2004 Coll.
(4) If the owner of the land covered by the land modification has not yet died and the court has not ruled by a final order on the inheritance, 10) the parties to the land modification proceedings shall be the persons referred to in the communication of the court or judicial commissioner. In cases where the court or judicial commissioner does not submit a communication within a time limit set by the Land Office, those persons shall be represented by the guardian in the land adjustment proceedings. The municipality may also be the guardian of the land modification proceedings.
(5) The owners of land covered by land-use arrangements shall choose at the opening meeting (Section 7) a representative board (hereinafter referred to as "the Board '), representing owners within the scope of the activities referred to in paragraph 8, or acting as owners to the extent provided for in this Law. The Land Office shall make a record of the opening and election of the assembly, which shall be served by a public decree to the parties. The Land Authority shall make a record of the choice of the Corps. With simple land modifications, the Choir can be abandoned. If the College fails to choose and persists in the need for complex land-use adjustments, the choice of the Board may be waived. The Board shall expire on the date on which the decision under Article 11 (8) becomes final.
(6) Membership of the Board may not be refused to the owner whose land includes at least 10% of the area of land on which land treatment will be carried out if he so requests at the latest on the date of the selection of the Board. Another non-elected member of the College shall be the head of the Land Office or an authorised official of the Land Office and a representative of the municipality. The College shall elect a chairman from among its number who shall convene the meetings of the College and manage their deliberations.
(7) The number of members of the Board shall be determined by the Land Office, in the range of 5 to 15 members, by the total number of owners and by the extent of the area addressed. In the event of death or resignation of a member of the Board, 1 alternate member of the Board shall be elected at the opening session. The elected member of the College may not be represented by another person.
(8) The College cooperates in the processing of the design of land-use modifications, assesses its individual variants and the proposed measures, expresses its views on the plan of common facilities, on the comments made during land-use modifications, on the design of land-use modifications and gives its consent to the waiver from the requirement to pay the price difference pursuant to Article 10 (2).
PROCEDURE FOR PREVIOUS ADJUSTMENTS AND COSTS FOR PREVIOUS ADJUSTMENTS
Initiation
(1) The Land Office shall assess the requirements for the opening of land-based adjustments. They shall be made known in writing within 30 days. If it finds the grounds, urgency and effectiveness of the land-use adjustment to be justified, it shall initiate the land-use adjustment procedure. The Land Office may, in justified cases, initiate proceedings without any requirements.
(2) The land modification procedure shall always be considered as initiated at the initiative of the Land Authority.
(3) The Land Office shall initiate land-use adjustment procedures whenever the land owners have expressed their views on the agricultural area concerned.
(4) The opening of the land modification procedure will be notified by the Land Office by a public decree.
(5) The notice of commencement of the land-use adjustment referred to in paragraph 4 shall be posted for 15 days on the official plate of the Land Office and the municipalities in whose territorial districts the land covered by the land-use adjustment is situated. The last day of this period shall be the date of commencement of the land modification.
(6) The Land Office shall also inform the relevant cadastral authority, the zoning authority, the construction office, the agricultural land fund protection authority, the nature conservation authority, the water management authority and the State forest administration authority in writing of the initiation of the procedure. (11) The Land Authority shall also inform the other authorities concerned if the land-based treatment concerned concerns the interests protected by State defence and security regulations, the care of the health of the people and other interests protected by specific legislation. Those authorities shall, within 30 days of receiving notification, lay down the conditions for the protection of interests under specific legislation.
(7) Land modification and decision-making procedures shall not be subject to the time limits for decisions under the administrative rules.
(8) The Land Office shall terminate the proceedings if there have been obstacles during the course of the land-use adjustment for which the proceedings cannot be resumed. The Land Office shall notify the order terminating the proceedings by means of a public order and shall notify the parties known to it in writing.
(9) Persons authorised by the Land Office in writing may, following prior notification on the official plate of the municipality concerned, enter and enter the land at a given time and carry out activities under this law to the extent strictly necessary, unless otherwise provided for in specific legislation.
(10) In the event that the owner or beneficiary of the land has incurred damage to their property as a result of the activity of land-based treatment, they shall be entitled to compensation for such property damage in cash. The right to compensation for property damage shall be exercised if the crops are concerned, no later than 30 days after the date of its establishment, in other cases within 1 year of its establishment, otherwise the right shall cease.
Opening proceedings
The Land Authority will convene an opening meeting to which it will invite participants (Section 5) and other owners of the land in the envisaged district of land modification. They shall familiarise them with the purpose, form and expected perimeter of land modifications. The administrative rules shall not apply to the determination of the perimeter and the form of land treatment. At this meeting, the Land Office will discuss the procedure for determining the rights of owners (Section 8), or any other issues relevant to the land modification proceedings.
List and valuation of owners' rights
(1) The Land Office shall arrange for the establishment of an inventory of entitlements of landowners (hereinafter referred to as "the inventory of entitlements") according to their price, 14) of the area, distance and type, including the indication of the restrictions arising from lien, the right to buy and the burden in kind; for parcels which do not require a solution within the meaning of Section 2, the Land Office shall ensure that the land register is established only according to the area of the land. The Land Office shall inform the Board of the processing of the inventory of claims, allowing it to participate in the inventory of claims, including the right of the member of the Board to be present in negotiations with the owners. In the case of the difference found between the area of the perimeter of the land modification calculated from the coordinates (§ 9 (4)), which is decisive for further processing of the design, and the area according to the property register, the owners' claims shall be adjusted proportionally to remove the difference. Any excess of the area in the area of land treatment shall be increased by the State's entitlement. This list of claims shall be unloaded by the Land Office for 15 days at the local competent municipal office and delivered at the same time to the owners whose residence is known. The owners may object to this list of claims within a time limit specified by the Land Office; no objections to the repair of the plot of land resulting from the reorientation of the actual field condition shall be taken into account. The land office shall discuss the objections with the board, if elected, or with the cadastral office. The owners shall be informed in writing of the processing of the objections. They shall not be subject to the administrative procedure. The land office shall forward the objections submitted to the land not covered by the land modification to the cadastral office for a decision under a special legislation. 15) At the same time as the list of claims is set out, the Land Office shall invite by a public decree, published on the official plate of the Land Office for a period of 1 year, persons authorised from the material burdens, whose registration has been taken from the Land Register, the Land Records or the Railway Book, which are entered in the Land Register with data that do not allow sufficient identification of the land register, to register to the Land Office no later than one year after the publication of the call. Furthermore, the procedure laid down in Paragraph 11 (15) shall be followed.
(2) If land modifications are initiated in the cadastral territory, the part of which became part of the territory of the People's Republic of Poland after 1958) and therefore the land of this original part of the cadastral territory cannot be included in the perimeter, the area of such land may be increased by the entitlement of its original owners. These persons are obliged to demonstrate that they were owners of the land concerned prior to the transfer to the territory of the People's Republic of Poland and, without any cause, no ownership of the land. The same will be done in the case of heirs of original owners. The method of valuation of these parcels will be dealt with in the implementing regulation. State-owned land shall be used for the design of new land.
(3) Special legislation (14) in force at the date of unloading of the list of entitlements referred to in paragraph 1 shall apply to the valuation procedure on land-based adjustment. The Land Office shall determine whether the valuation shall be carried out by itself or shall entrust the processor with the land modification or expert. In this case, it is not an administrative procedure.
(4) The basis for the valuation of the agricultural parcel is the soil-protected ecological units registered in numerical and map documents. The soil-protected ecological unit expresses a five-digit code of the main soil and climatic conditions affecting the production capacity of the agricultural land and its economic evaluation. The data on SOEs is provided by the State Land Authority in the national database of SOEs. The Ministry of Agriculture (hereinafter referred to as "the Ministry ') sets out by decree the characteristics of the soil and the procedure for their management and updating.
(5) The personnel of the State Land Office shall be authorised to enter or enter the land in question in order to verify the necessity of updating the soil-protected ecological units and to conduct field research. This shall be notified in writing to the owner or other person concerned at least 10 days prior to the entry or entry into the land.
(6) For the valuation of agricultural parcels, the base price shall be used for the determination of entitlements in the land modification proceedings under a special legislation, 16) which shall be determined according to the soil-based bonified ecological units registered in the nationaldatabase (17) and related to the focus of the actual field situation. The data on granulated land-based environmental units held in the real estate register shall be used only in the case of land-based adjustments where it is not appropriate to base the focus on the actual situation (§ 9 (4)).
(7) In the case of hops, vineyards, orchards, gardens and forest land, the land price and the price of the crop should be indicated separately and broken down by type of crop. For other types of land, the price of the crop shall be indicated only at the request of the owner of the land. Such a request may be made by the owner of the land at the latest by the end of the period for the unloading of the inventory of claims by the Land Office referred to in paragraph 1.
(8) For the purposes of land treatment, the price of the crop referred to in paragraph 7 which is situated on land or parts thereof combined into soil units shall be determined as a multiple of the area of the parcel held in the cadastral or part thereof, determined by focusing on the actual field condition and the average price of the crop per m2 (hereinafter referred to as the "average price '). The average price shall also include a share of the price of the item which is part of the crop or plot. For the calculation of the average price, the crop on the soil shall be valued in accordance with a specific legal provision. 14)
Solving duplicate land ownership notation
If the Land Office finds, when drawing up an inventory of claims, that some or parts of the land are registered as owners of two or more persons and not for co-ownership ("duplicate registration of ownership '), it shall include such land among the land in the area of land treatment not covered (Section 3 (2)).
Design of land modifications
(1) The Land Office shall ensure the professional processing of the design of land modifications (hereinafter referred to as "the proposal") or of the proposal or, where necessary, of part thereof itself.
(2) The processor of the proposal is always the holder of an official authorisation to design land modifications (§ 18).
(3) The authorities concerned, the managers of the underground and above-ground installations and the data controllers necessary for the processing of the design of land-use treatment are obliged to provide the Land Authority with the necessary data and information, free of charge, necessary for the land-use adjustment procedure and for the preparation of the proposal, once the land-use adjustment procedure has been initiated.
(4) The basis for the design of land modifications is the focus of objects that remain the contents of the cadastral geodetic information collection (18) even after the completion of the land modifications and other semi-hourly elements necessary for the design of land modifications, with a geometrical basis and accuracy according to the special legislation, 19) if they are no longer identified with the same geometrical and positioning quality in the property register. The results of the surveying activities to form the basis for the design of land-use modifications shall be verified by a natural person who has been granted official authorisation under a specific legislation. 20)
(5) The Commission, composed of the staff of the Land Office, the cadastral office, the processor of the proposal, the representatives of the municipalities and, where appropriate, the representatives of other offices, shall investigate the progress of the borders for the purpose of land-use adjustment. The Chairman of the Commission and its members shall, in agreement with the cadastral office, appoint the head of the Land Office.
(6) On the basis of the focus of the actual field situation (paragraph 4), the perimeter of the land treatment and of the parties shall be specified; a later modification of the perimeter and the circle of the parties may be made if the Land Office finds reasons for this. A geometrical plan shall be drawn up to indicate the observed progress of the land boundaries on the specified perimeter of the land modifications to the land register. The preparation of the proposal may be continued only on the basis of a positive opinion of the cadastral office to take over the outcome of the agricultural activities carried out within the meaning of paragraph 5.
(7) The Land Authority shall declare the land modification circuit to the cadastral office for registration in the cadastral and shall attach a geometric plan as referred to in paragraph 6. The Land Authority shall immediately submit to the Land Register the list of parcels affected by land-use modifications to the Land Register, after the registration of the land-use change perimeter, in order to indicate the note on the opening of land-use modifications in the Land Register. From the date on which this note is indicated in the cadastral register, the cadastral office shall communicate to the Land Office any changes until the decision pursuant to Paragraph 11 (8) has been taken.
(8) The proposal for a new arrangement of land for owners is preceded by the development of a joint equipment plan, which is in particular:
(a) measures to make land available as field or forest roads, bridges, passes, forgeries, railway crossings and the like;
(b) anti-erosion measures for the protection of the soil fund such as anti-erosion limits, drains, seedling belts, moats, terraces, windmills, grubbing-up, afforestation and the like;
(c) water management measures for the safe disposal of surface water, protection of the area against flooding, drought and retention of water in the countryside, including groundwater, such as water tanks, ponds, watercourses, drainage, protection barriers, poldras and the like;
(d) measures to protect and create the environment, promote biodiversity and improve environmental stability through the territorial system of environmental stability, the establishment, addition or renewal of permanent vegetation, landscaping and the like.
In the case of common technical equipment, these are new construction or reconstruction or modernisation of existing buildings.
(9) The introduction of water-based measures proposed in accordance with paragraph 8 (c) may also be proposed outside the perimeter of land-based treatment, provided that such measures are functionally related to measures carried out in the area of land-based treatment. This measure will not be included in the proposal for a rearrangement of the land due to its location outside the perimeter of the land modification. its implementation will also not be covered by land-use arrangements.
(10) The Land Office shall submit a detailed plan of common facilities to the authorities concerned, which shall call for opinions to be used within 30 days of the date of receipt of the call. The opinions subsequently used shall not be taken into account. The unanimous opinion replaces the measure (decision, consent, exemption) under the specific legislation21).
(11) The joint facilities plan will be approved by the municipality. Before submitting the joint venture plan to the municipality, the Land Office shall clearly inform the municipality of the Board of Representatives or the owners thereof, unless the Board is elected. This procedure shall also apply in the event of a change to the already approved joint gear plan. If the joint ventures plan reaches the surrounding municipalities [§ 5 (1) (c)], the joint ventures plan should also be submitted to the municipality's representative for approval.
(12) If common facilities are designed on land owned by the State (1), the State shall transfer them to the municipality free of charge upon completion of the proposed joint facilities [§ 5 (1) (c)]. The land thus acquired may not be disposed of by the municipality without the permission of the head office. At the same time as the application for the transfer of property under the contract for the free transfer of land to the municipality, the head office shall request the registration of the note of the ban on disposal.
(13) In the list of new parcels, the first note in paragraph 12 above will appear on the land "the land is intended for the implementation of common facilities under Act No. 139 / 2002 Coll. '. This note will be entered in the property register on the basis of a decision pursuant to Paragraph 11 (8). If the reasons for the flag have been omitted, the cadastral office shall revoke the flag on the basis of a proposal from the Land Authority. The transfer of such land is only possible on the basis of a positive opinion by the Land Authority. In the case of a free transfer to the municipality, no opinion shall be given.
(14) The removal of land from the agricultural land fund (22) and the removal of land for the performance of forest functions (23) are not prescribed in the land modification procedure.
(15) The joint gear plan shall be consistent with the zoning documentation. If the draft joint venture plan is not in line with the zoning documentation for serious reasons, its approval under paragraph 11 shall also be a decision to amend the zoning plan under Paragraph 109 (1) of the Building Act adopted on its own initiative. The content of the amendment shall be the requirement to bring the joint facilities and zoning plan into line. This procedure is not an obstacle to a land-based adjustment decision.
(16) The Land Office may, if necessary in order to achieve the objective of land-use adjustment, purchase land or co-ownership shares of land for the benefit of the State with the agreement of the owner, at the most, at the price of the land-based treatment (59) or, where appropriate, accept the Dar24). It may also settle the joint ownership of the land by adding to its entitlement (Paragraph 8 (1)) a part corresponding to the joint ownership of the land in question. if the co-owner does not own any other land, the co-owner shall constitute a separate claim. The Land Office may, by agreement concluded between the joint owners, realistically divide the joint ownership interests even if the joint owners do not own any other land in the area of land modification. The object of the real division cannot be land in the common wealth of spouses and forests owned by the association, the company 60) or cooperatives. Land of which the owner is unknown or the joint ownership of such land may be increased by State entitlement (1). In the case where the land cannot be identified unambiguously as to the owner of the land, according to the land register data, and if the investigation of the necessary data on the owner of the land is demonstrably inconclusive, such land shall be assessed as the land of which the owner is not known. If, within 5 years of the legal authority of the Land Office, a person has applied to the Land Office for the exchange or transfer of ownership rights to prove that he was the owner of the land or co-ownership interest in that land on that date, the Land Office shall grant him a financial compensation in accordance with another legislature14) in force at the time of the transfer of the land or co-ownership of that land to the State.
(17) If the necessary land assessment of the soil fund must be allocated to the common facilities, the land owned by the State and then the municipality shall be used first. For common facilities, state-owned land which is intended for mining of minerals may be used, with the agreement of the holder of the quarry and the authority concerned, 5) land in the built-up area, land in the built-up areas and land which are intended to settle the compensation under a special legislation. 25) The use of State-owned land which is intended for mineral extraction is also required by the consent of the entity to which a mining area has been established under the Mining Act 61). If only State-owned land or municipality-owned land for common facilities cannot be used, other land owners shall participate in the allocation of the required land-use area in proportion to the total area of their exchanged land. In this case, the rights of owners entering land-based treatment are reduced proportionally.
(18) If, according to an approved proposal, the Land Authority has established a material burden on the land, it shall provide the owner of the land so loaded with compensation provided for under a special legislation, 26) unless the owner has already received compensation on another land. Land burdened with existing material burdens may be exchanged only with the consent of the owners concerned. If the owners do not express their views within the time limit set by the Land Authority, they shall be deemed to agree to the exchange. Existing material burdens related to civil engineering networks, wells, mine parts and structures or temporary structures shall not be valued and shall not be affected by land modifications. The procedure laid down in Paragraph 11 (15) shall not apply to the burdens referred to in the preceding sentence.
(19) In the context of establishing entitlements (§ 8 (1)) and creating a renewed set of geodetic information (§ 11 (8)), the Land Authority for Land Areas in the District of Land Adjustments, which do not require a solution within the meaning of § 2, shall ensure the necessary geographical activities for the restoration of the cadastral operator, which shall be transmitted to the cadastral office together with the results of the land modification.
(20) The processor of the proposal shall, during its processing, discuss a new arrangement of land with the landowners concerned. The owners shall confirm their agreement or disagreement by signing on the list of new parcels.
(21) In the event that the owner of the land does not comment on the rearrangement of the land within the meaning of paragraph 20, the Land Office shall invite him to do so within 15 days. If the owner does not comment within that period, it shall be deemed to agree to the new land arrangement.
(22) The Land Office shall convene all owners if at least one third of the owners or the College so request, if elected.
(23) The agreements made under this Act may be withdrawn by the owners of the land or by their successors only with the agreement of the Land Office; he may give his consent if the state of preparation of the proposal so permits.
(24) In the course of the proceedings, the Land Office shall convene at least once every 12 months a control date to which representatives of the municipality, the assembly and the authorities concerned shall be invited if their participation is necessary. The Land Office shall record the holding of the control day.
Proportionality of quality, area and distance of original and proposed parcels
(1) The land owners will be offered new land to match their original land with the price, size, distance and, as far as possible, the type of land. The comparison between the price, the area and the distance between the proposed land and the original land is carried out for all the land of the owner in the land treatment (Section 2) on a separate sheet of ownership.
(2) The price is reasonable if it is not higher than or below the original price by more than 4%. The excess of the criterion in favour of the owner may be granted only if the owner agrees to pay the price difference in excess of that criterion. The amount of the price difference and the deadline for its payment shall be decided by the Land Office. The head office shall be responsible for receiving this amount. The remuneration does not apply to State-owned land. In the case of land owned by counties, remuneration shall not be required where public works are located on such land. In the event that the owner enters the land treatment with only one parcel which cannot be placed for technical reasons in such a way that this criterion is not exceeded in favour of the owner, the Land Office may, with the agreement of the Board, if elected, withdraw from the requirement to pay the price difference. The payment of an amount not exceeding 100 CZK is always waived.
(3) The newly proposed land is of a reasonable size if the difference between the area of the original land and the proposed land does not exceed 10% of the area of the original land.
(4) The newly proposed land is at a reasonable distance if the difference in the distance between the original and the proposed land is not more than or less than 20%. The distance shall be measured from the point agreed at the opening meeting.
(5) Reductions or increases in the price, size and distance of the newly proposed land compared to the original land beyond the set adequacy criteria may be made only with the consent of the owner. The procedure laid down in Article 9 (21) shall not be considered to be such consent. The owner's consent is not required for State-owned land.
(6) The overrun of the area, price and distance of land acquired by municipalities for common facilities is not considered to be a breach of the criteria laid down in paragraphs 2 to 4.
Land modification decision
(1) The Land Office shall notify on its official plate and at the same time on the official plates of the municipalities concerned (§ 5 (1) (c)) where it is possible to consult the processed proposal for 30 days; the proposal must also be made in the municipality concerned. The Land Authority shall inform known participants of the issue of the design and shall at the same time inform them that at this time they have the last opportunity to raise their objections and comments with the Land Office. The objections and comments submitted subsequently shall not be taken into account.
(2) Where, on the basis of the objections and observations referred to in paragraph 1, modifications are made to the proposal, the Land Authority shall request new observations from the parties concerned. If the objections and comments raised affect the amendment of the joint facilities plan, the procedure laid down in Article 9 (10) and (11) shall be followed. The final meeting referred to in paragraph 3 shall take place only after approval of the joint establishment plan by the municipality.
(3) After the expiry of the period referred to in paragraph 1, the Land Authority shall convene a final meeting at which it shall evaluate the results of the land modification and inform the participants of the proposal to be decided on.
(4) The Land Authority shall decide on the approval of the land modification proposal if the owners agree to it at least 60% of the land area covered by the provisions of Paragraph 2 in the land modification. The weight of the joint-ownership's voice corresponds to its share of the total area of the land covered.
(5) The decision to approve the proposal shall be notified by the Land Authority by means of a public order and delivered by all known participants. Only the written and graphic part of the application which affects a particular party shall be attached to the decision served on the parties. The application shall be deposited with the Land Authority and the competent municipal authority where the application can be consulted. The Land Office shall, after having acquired legal authority, forward the decision referred to in paragraph 4 to the competent municipal authority of the municipality with extended scope, a part of the proposal concerning the joint establishment plan. The decision to approve a proposal which has acquired legal authority, hereinafter referred to as the "approved proposal ', shall be forwarded by the Land Authority to the cadastral office for designation in the cadastral. 27)
(6) In the event of an appeal against a decision approving a land modification, the Land Office which issued the contested decision shall inform the other parties of the content of the appeal by a public decree, with a simultaneous warning of the possibility of expressing its views on the subject matter of the appeal within 7 days of the date of service by a public decree.
(7) If the appellate authority confirms the decision of the Land Office, the written copy of the decision of appeal shall be served only by the appellant and served by a public order to the other parties. If the appeal authority changes or withdraws the decision of the Land Office, it shall, in such a case, proceed with service under the administrative rules. It shall likewise be served on the application of the review procedure, the renewal of the procedure or the issue of a new decision in the matter.
(8) The approved proposal is a binding basis for the decision of the Land Office on the exchange or transfer of property rights, the determination of the amount of remuneration and the deadline referred to in Article 10 (2), or, where appropriate, the establishment or abolition of a material burden on the land (29) and the processing of a renewed set of geodetic information. 18) It is also a binding basis for a decision on the transfer of ownership rights to land on which common facilities are located. Specifying the area of parcels resulting from rounding when creating a renewed set of geodetic information is not a change of design. No appeal shall be made against a decision to exchange or transfer property rights or, where appropriate, to establish or remove a material burden issued on the basis of an approved proposal. The current lease relations, the provisional free use and the time-limited lease to the land concerned by the decision shall expire on 1 October of the current year. The provisions of special legislation30) shall not apply. The decision on the exchange or transfer of ownership rights shall be taken without delay and no later than 6 months after the date on which the decision approving the proposal is taken, except in accordance with the procedure referred to in paragraph 9. The order issued pursuant to Paragraph 80 of the Administrative Rules shall be served by the appellate body by a public order. The decision to determine the amount of the remuneration and the deadline referred to in Article 10 (2) may also be taken separately. However, such a decision may not be given before the date on which the decision on the exchange or transfer of ownership takes effect and must be given no later than 1 month after the date on which the decision on the exchange or transfer of ownership takes effect, or 1 month after the date on which the Land Office finds that the payment and the deadline have not yet been decided.
(9) The decision referred to in paragraph 8 shall be given by the Land Office, after verifying that the action has not been brought before the competent court (31) against the decision given pursuant to paragraph 4. If the action has been brought, the Land Office shall stay the proceedings until the final judgment has been given by the court. The order for suspension shall be served only by a public order.
(10) The decision referred to in paragraph 8 shall be delivered by the Land Office by a public order and its written copy shall be delivered to all owners of the land and to persons concerned by the establishment or cancellation of a material burden or amendment of a lien, known land office. This Decision shall take effect on the day of its notification by a public order. Only the part of the Annex which affects a particular person shall be attached to the decision to the persons to whom the decision is served. The Land Office shall ensure that the Annex to the Decision, the content of which is laid down in the implementing legislation, is accessible to public consultation at a designated location at the municipal and land offices. Information will be posted along with the decision. The decision referred to in paragraph 8, which has acquired legal authority, shall be delivered by the Land Office to the Ministry of Agriculture and to the cadastral office. In cases where the result of land modifications also serves as a renewed cadastral operator (3), this renewed cadastral operate shall become the valid date on which the decision referred to in paragraph 8 is taken.
(11) If the inheritance has not been discussed after the owner whose land is affected by a solution within the meaning of Paragraph 2, until the time of the transfer decision referred to in paragraph 8, the land shall be the subject of the inheritance in accordance with the approved proposal (paragraph 4), instead of the original land of the deceased. In such cases, after the decision referred to in paragraph 8, the deceased shall be registered in the property register as the owner of such an object of inheritance, until the transfer of the change in ownership and other rights in kind for the benefit of the heirs has been made.
(12) Where the land on which the land arrangements provided for in Article 2 are made is subject to legal proceedings for the determination of ownership, the land shall be treated separately from the other land of the same owner. In such cases, after the legal authority of the decision referred to in paragraph 8, a note of the action lodged or a note of dispute shall be entered in the register of immovable property on the property which has been transferred to the property of the defendant under an approved application. If the court determines that the owner of the original land was the applicant's decision pursuant to paragraph 8 at the time of the acquisition of legal power, the applicant's right to property shall be entered in the property register in respect of the land on which the note referred to in the previous sentence is entered.
(13) According to the approved proposal, the legal status is also binding on the legal successor of the landowners. Pending the decision of the Land Office referred to in paragraph 8, the corresponding land, in addition to the existing land, shall be indicated to them in all the documents supporting the registration of the land register, indicating the land covered by the land modification procedure, in addition to the land to date; information on them shall be provided by the Land Authority. The individual parcels or parts of them may not be burdened or disposed of by the owner after approval of the design without the agreement of the Land Authority.
(14) The lien on the land covered by the land modification is transferred under this law to the land which has transferred to the ownership of the collateral under the approved proposal. This shall apply mutatis mutandis if the land on which land treatment is carried out is:
(a) a pre-purchase right has been established as a right in kind;
(b) a reservation of title as a right in rem has been established;
(c) the reservation of the buy-back right has been established as a right in kind;
(d) the reservation of the right of resale has been established as a substantive right;
(e) a prohibition on disposal or loading has been established as a right in rem;
(f) the reservation of the right of a better buyer as a right in kind has been established;
(g) the surrender of a co-owner's right to purchase with effect for the successor in title has been established;
(h) a trust shall be established;
(i) a reservation of priority order for other law has been established;
(j) a priority right has been established to establish a right in rem for another person;
(k) a deferral of the withdrawal of ownership has been established;
(l) deferral of the co-ownership or management and management of real estate in connection with the granting of public aid has been established;
(m) the right to purchase an examination agreed as a right in rem or to waive the right to compensation on land with effects for successors.
Land under construction law is unresolved in the perimeter of land treatment.
(15) The existing personal burden on land covered by land treatment and the nature of which it is possible, is transferred under this law to land which has been transferred to the ownership of the obliged entity under the approved proposal. If a person entitled to a personal burden in kind who has been called upon under Paragraph 8 (1) does not apply to the Land Office within the prescribed time limit, the burden shall not pass on to the newly proposed state. Existing personal material burdens are not appreciated for the purpose of land treatment.
(16) The decision to approve the joint venture plan (Paragraph 4 (3)) shall be notified by the Land Office to the parties by a public decree at the same time. The Annex to this Decision is the graphic part of the joint gear plan.
Implementation of land treatment
(1) On the basis of an approved proposal, the Land Authority shall, taking into account the public interest, financial collateral, the needs of the municipality and, where appropriate, of the owners of the land, prioritise the implementation of joint facilities. Following the acquisition of the legal power of the decision (§ 11 (8)), the Land Authority will inform the municipality of the priorities of the implementation of the joint facilities. In cadastral areas where land treatment is carried out repeatedly, common facilities which have previously been transferred to a municipality or to another person pursuant to paragraph 4 may not be included in the implementation of joint facilities.
(2) The Land Office shall ensure that the new land arrangements are laid down and marked in the field as required by the owners, at the earliest after the decision under Paragraph 11 (8) has become final. The establishment of the boundaries of the land is carried out under the cadastral law 62) and cannot be refinanced by the State.
(3) Where this is in accordance with the zoning plan, for changes to the types of land approved by the authority concerned (§ 9 (10)), the construction of field and forest roads, the protection and restocking of the soil fund and other common facilities included in the approved land modification proposal shall be waived from consent to the exclusion from the agricultural land fund and no decision on the authorisation of the project shall be required.
(4) A person other than the municipality may be the owner of the joint venture (Paragraph 9 (8), if this is the result of the decision to approve the design of the land modification. A person other than the municipality may be the owner of water tanks, ponds, protective dams and coppers [§ 9 (8) (c)] whose implementation is covered by State resources only with the permission of the head office.
(5) Land owned by the State (1) (Paragraph 9 (12)) on which a joint establishment is proposed shall be transferred free of charge to the municipality. A joint establishment which is a proposal placed on another person's property may be transferred to its property free of charge only if the joint establishment serves the public interest.
(6) A change in the type or method of use of the land on which a joint establishment is located in the public interest may be made only with the agreement of the head office. Upon transmission of such a joint venture to a municipality or another person, the head office of the cadastral office shall request the registration of a note that a joint establishment is located on the property in the public interest.
(7) If, prior to the implementation of the joint venture, it is established that the measure referred to in Article 9 (11), which was the subject of a decision approving the land modification proposal, no longer meets the actual needs of the territory concerned, the Land Authority will, by itself or at the request of the municipality, initiate a procedure to amend the joint venture plan if it considers this requirement to be effective. The Land Office shall ensure, to the extent necessary, that the approved proposal is revised in the part concerning the joint gear plan. The Land Authority shall proceed with the processing of the change of the joint gear plan in accordance with Section 9 (10). The revised proposal will be approved by the council of the municipality. The Land Authority shall take a decision to amend the joint gear plan. This Decision will not change the location of the joint facilities and will therefore not affect property ownership rights. If a change in the joint ventures plan makes changes to the types of land, the Land Authority shall declare such changes to the cadastral, the notification shall be supported by a decision to amend the joint ventures plan.
Specification and reconstruction of land-based allocations
(1) By specifying the allocation (Paragraph 4 (4)), the determination of the allocation limits is in cases where the allocation is approximately localised but the allocation limit cannot be clearly determined.
(2) The reconstruction of the allocation (Paragraph 4 (4)) is the determination of the allocation limits in cases where only incomplete, damaged or unreadable material exists or where the allocation documents have not been preserved.
(3) The Land Office shall, after consulting the cadastral office in accordance with this Act, proceed in the procedure for simple land adjustments aimed at specifying or renewing the allocation; However, the provisions of Sections 3, 5, 6, 8, 9, 10, 11 and 12 shall apply only mutatis mutandis. In these procedures, the Land Authority shall decide only on the determination of the boundaries of the land. 34)
(4) If duplicate ownership is established, the procedure laid down in Section 8a shall be followed.
Land-based adjustments in areas with unfinished clearance procedures
(1) The subject of land modifications in the cadastral territories with an unfinished clearance procedure shall be all land situated in the cadastral territory in which the census procedure under the previously applicable special legislation35 (hereinafter referred to as "coupage ') has not been completed, regardless of the way in which they were used and the existing ownership and exploitation relations with them. Paragraph 3 (3) shall not apply. Land use
(2) In the cadastral territory in which the consolidation and the real estate register have not been completed, the property leads to the land in accordance with the draft building plan, 35), the property of the land in accordance with this proposal has been established.
(3) After consulting the cadastral office, the Land Authority may exclude from land-use treatment land which is not necessary for the purpose of land-use treatment and determine the perimeter of land-use treatment.
(4) The Land Office shall ensure that an inventory of the land owners' claims (hereinafter referred to as "the list of entitlements') is drawn up according to their size and price. The basis for drawing up the list of entitlements is data on ownership of land held in the property register. The price of land shall be determined according to the special legislation (14) in force on the date of unloading of the list of entitlements referred to in § 8 (1) or the type of land held in the former land register prior to the commencement of the cumulation, valued in accordance with the special legislation in force on the date of unloading of the entitlements referred to in § 8 (1). At the opening meeting, the Land Office shall determine which of these valuation methods will be followed.
(5) Where the data of the assembly operator established at the cadastral office indicate that a party to the assembly did not receive compensation for its land included in the assembly, the Land Office may, after consultation with the cadastral office, determine, where appropriate, the right to land in an area corresponding to an amount not granted, if the required land area in the area of land treatment is available.
(6) If, as a result of the completion of the consolidation of certain land or parts of land, they are registered as owners of 2 or more persons and not for ownership, 36) then
(a) is the owner of such land by a person or his successor in title who has been using the land on a continuous basis since it was taken over in the formation; or
(b) the owner of such land is the person or his successor in title who owned the land in question prior to the commencement of the cumulation.
(7) Persons to whom ownership under paragraph 6 (a) or (b) is not established have the right to compensation.
(8) The person who has acquired the right to reimbursement under paragraph 7 shall receive:
(a) for land in the built-up territory or in the built-up areas, a cash refund if it is not possible to provide another reasonable parcel as a replacement. The amount of the cash compensation shall be provided by the Land Office in accordance with specific legislation, 14)
(b) for agricultural land and, where appropriate, for forest land, compensation in other reasonable land according to the original type before the start of the cumulation; If it is not possible to provide it with other reasonable land from the property of the Czech Republic, the Land Office shall provide it with a cash refund of the amount determined in accordance with the special legislation. 14)
(9) If, according to the draft tariff plan, the party to the proceedings has taken over for the land with which it has entered the proceedings and which it still owns, the land in the possession of other owners and the land itself or its successor in title is still in use and has its own construction located on one of these parcels, or is a permanent land (orchards, vineyards etc.) or a garden, the Land Office shall decide on the transfer of ownership of the land in question to its user. The current owner will receive compensation on another parcel according to the type before the start of the consolidation. If it is not possible to provide other land from the property of the Czech Republic to the owner as a replacement, the Land Office will provide him with a cash refund of the amount determined in accordance with special legislation14).
(10) In cases where the sale or expropriation has taken place under special legislation4) and the refund has been paid only to one of the persons registered as owner of the land (paragraph 6) or to the user of the land, if applicable in accordance with paragraph 9, the rights of the owners shall be adjusted by increasing the entitlement of the person who has not received the refund by reducing the corresponding area of the original land of the same type.
(11) In the event that the person referred to in paragraphs 8 and 9 refuses to take over the cash compensation, the Land Office shall ensure the composition of the respective cash amount until the custody of the court. 38)
(12) The opinion of the decision approving the proposal shall also include the provision for the granting of cash compensation under paragraphs 8 and 9.
(13) In the case of land-based treatment, there will be a surplus of the area of the land-based land in the total balance sheet for the land-based treatment, the land is owned by the State.
(14) Save as otherwise provided, the land adjustment proceedings in the territory with unfinished clearance shall be carried out in accordance with the other provisions of this Law.
Land use adjustment costs
(1) The costs of land-use adjustment (hereinafter referred to as costs) are borne by the State. The costs may also be borne by the participants in the land-based treatment or other natural and legal persons, if they are interested in making land-based treatment; the State may grant them subsidies or subsidies under specific legislation.
(2) In the event that land modifications are made as a result of construction activities, the cost shall be borne by the builder depending on the extent of the area concerned by the construction.
(3) Where the costs are covered by land-based adjustment participants referred to in paragraph 1 or by builders referred to in paragraph 2, the relevant funds may be pooled. 41)
(4) The costs referred to in paragraph 1 shall include the cost of preparing the start of land-use modifications, including the necessary water-based studies, the identification of parcels, local surveys, the focus of the actual situation, the design of the design, the layout of the land, the drawing up of geometrical plans, the recording of detailed measurements of changes and, where appropriate, a new set of geodetic information, the cash compensation provided by the Land Office under this Act, the establishment of material burdens and the implementation of common facilities.
TRAINING EXPERIENCE
(1) The professional competence for the design of land-use modifications is demonstrated by natural persons with a competence to design land-use modifications (hereinafter referred to as "official authorisations").
(2) Official authorisation is granted to the head office upon written request.
(3) The head office shall grant official authorisation to a natural person who:
(a) is eligible for legal action;
(b) is fair,
(c) has completed university education as a graduate of a master's or bachelor's programme in the field of land treatment, surveying, water and forestry, spatial planning, transport structures, agriculture, soil protection and protection and landscape development, and, where appropriate, university education of that focus in an earlier or other university system;
(d) demonstrate as a graduate of a master's or bachelor's study programme or, where appropriate, a graduate of that degree in an earlier or other university system, at least 5 years of professional experience in the design of land-based modifications carried out during the last 5 years prior to the application;
(e) have passed the proficiency test.
(4) The Centre shall request, in accordance with the special legislation 41a, an extract from the Register of Penalties to verify the integrity referred to in paragraph 3. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(5) For the purposes of this law, those who have been convicted of an intentional offence shall not be regarded as righteous.
(6) The written request shall be made on a form the content of which is governed by the implementing legislation.
(7) The application referred to in paragraph 6 shall be accompanied by the following documents:
(a) a certified copy of the evidence of education achieved;
(b) a certificate of practice referred to in paragraph 3 (d); the certificate shall be issued by a person who has already been granted an official authorisation and under whose authority the applicant has increased his expertise in the design of land-based modifications.
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Regulation Information
| Citation | Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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