Decree No. 164 / 2009 Coll.
Decree amending Decree No. 26 / 2007 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended, (cadastral decree)
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01.07.2009
12.06.2009
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164
DECLARATION
of 2 June 2009
amending Decree No. 26 / 2007 Coll., implementing Act No. 265 / 1992 Coll., on the Listings of Property Rights and Other Property Rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (Catastral Act), as amended,
The Czech office of surveyor and cadastral provides pursuant to § 17 of Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, and § 30 (1) (a) to (e) of Act No. 344 / 1992 Coll., on the Land Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.:
Decree No. 26 / 2007 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (Catastral Act), as amended, is amended as follows:
1. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (i) is added:
"(i) the original result of the surveying activity, the result of the surveying activities in the restoration of the cadastral operator or a geometric plan which was the basis for the registration of a valid geometrical and positional destination.";
2. In Article 4 (3), the sentences after point (b) are replaced by the following: "If these principles cannot be complied with in the light of the requirements of the Agricultural Land Fund Protection Act (10), the Forest Act (11) and the Building Act (12), the plot shall be registered as a parcel even if it does not reach the area referred to in (a) or (b)."
3. Paragraph 6 (1) and (2) reads as follows:
"(1) The cadastral territory and property registered in the cadastral register are determined by the numerical expression of the boundaries of the land, building and water works by the coordinates of the quarry points which have been determined by geodetic or photographic methods in the S-JTSK and the links of these points, or only by the depiction of the boundaries of the land, building and water works in the cadastral map.
(2) The accuracy of the geometrical and location determinations of the cadastral territories and real estate results from the characteristics and criteria for the accuracy of the details referred to in point 13 of the Annex, or from the characteristics and criteria for the accuracy of the display of the border in the cadastral map referred to in point 15 of the Annex. The accuracy shall be expressed by the code of the quality characteristics of the coordinates (hereinafter referred to as the "quality code ') for the coordinates of the detailed points that were identified in the S-JTSK.';
4. In Paragraph 12 (1), at the end of point (e), the word "a 'is replaced by a comma and the following points (f) and (g) are inserted:
"(f) notice of the related title sheet,
(g) an indication of the disputed border between the land and ';
Point (f) shall be renumbered as point (h).
5. In Paragraph 13 (2), the words "with a type of parcel numbering 'are replaced by the words" with the entry in point 7 of the Annex'.
6. In Article 16 (1), the last sentence is deleted.
7. Paragraph 16 (2) reads as follows:
"(2) The subjects of the contents of the cadastral map in the S-JTSK or digitised maps shall be characterised by the standardised map signs referred to in point 10 of the Annex. In other cadastral maps, the objects of their content shall be marked by the map marks referred to in point 11 of the Annex. The content of the cadastral map is a half-letter and a description. If there is a cadastral map in S-JTSK, its contents are also permanently stabilized points and permanent points of the position point field. '
8. In Article 16 (3), the words "with the distinction of boundaries taken from maps drawn up in another coordinate system 'are deleted.
9. In Article 16 (6) (b), the words "road communication 'are replaced by the words" road or motorway'.
10. In Article 16 (12), the words "and maps of earlier land registers' are deleted.
11. in the last sentence of Article 17 (3), "and (c)" shall be replaced by "to (d)";
12. In Article 17, at the end of paragraph 4, the following sentence is added: "Exceptions are the data on the material burden established for the part of the land registered on the ownership note of the house with apartments and non-residential premises, which are given both on the ownership sheet for the ownership of the house with apartments and non-residential premises as well as on the ownership sheet for the ownership of the apartment and non-residential space. '
13. in Article 20 (2), the words "(c)" shall be inserted after the words "paragraph 1."
14. In Article 20, paragraph 3 is added, including footnote 40a:
"(3) The list of documents shall be kept only in paper form. Documents submitted for registration in the cadastral of real estate in the form of a data report shall be transferred to a collection of documents 40a) and shall be accompanied by a clause
"The content of this document containing.... sheets corresponds to the content of the document in the form of a data message (entry) from which it was transferred pursuant to § 4a of Act No 344 / 1992 Coll.
Transferred...
on... '.
The stamp and signature of the authorised staff member who carried out the transfer shall be attached to the document.
40a) § 4a of the cadastral law. '.
15. in Paragraph 29 (2), the words "resulting in a digital map" shall be replaced by the words "by a new map or on the basis of the results of land modification."
16. in Paragraph 32 (1):
"(1) The change of name, surname, birth number and address of the place of permanent residence of the natural person kept in the register as owner or other authorised person shall take place on the basis of:
(a) instruments of deposit or record of rights containing details of the owner and of another creditor;
(b) data obtained from the population registration information system linked to the cadastral information system;
(c) a certificate from the Registry or the Municipal Office of the Municipality with extended competence or the Regional Authority (55);
(d) the data collected from the renewal of the cadastral operator by the new mapping and entered in the real estate inventory (§ 56 (3) (a)) and the restoration of the cadastral operator on the basis of the results of the land modification;
(e) the declaration of the owner or other authorised person; or
(f) notification by the administrative authority.
Before registration, the reported data on a natural person shall be compared with the data of the information system of the population 56). ';
17. in Article 32 (2), the words "title or scientific rank," shall be deleted;
18. In Section 32, the following paragraph 5 is added:
"(5) A change of title or scientific rank shall be made in the register when the transfer or entry of rights is made on a document containing details of the owner and of another creditor. ';
19. Paragraph 37 (3) reads:
"(3) A geometrical plan drawn up to make a major change in the use of the territory following a territorial decision under a special legislature (12) may only be submitted to the register as part of the first contract on the basis of which the change in the property right to the register is registered if the entry of that change is aimed at making a change in the use of the territory and if the application for a deposit explicitly requests the registration of the entire geometric plan. In such a geometrical plan, separate parts of parcels may not be marked with the letters of small alphabet 74), but shall be identified as separate parcels of parcels with a lot number. In other contracts submitted for the registration of changes in legal relations with real estate in connection with this geometric plan, the transferred parcels shall be identified according to the status of the cadastral after the registration of the change. '
20. Paragraph 37 (5) reads:
"(5) Non-compliance with cadastral data shall not be considered as non-compliance if the land is marked in the contract with the parcel numbers according to the condition in force on the date of conclusion of the contract, provided that it is marked in the property deposit application in accordance with the status of the cadastral in force on the date on which the deposit application is submitted and the parcel identification is attached to the contract, provided that such parcel identification can be drawn up. It shall also not be considered as non-compliance with the cadastral data if the contract was concluded before and delivered for registration after the date of the renewal of the cadastral operator and the land subject to legal action may be identified with the land registered in the cadastral register after the renewal of the operator. ';
21. in Paragraph 39 (3) (c), the words "the statement of which gives rise to the content of the registration" shall be deleted;
22. in Paragraph 39 (3) (f):
"(f) extract
1. a business register which demonstrates the merger, merger or division of a trading company or cooperative; or
2. from another legally designated register, where the formation of a legal person is subject to registration in that register, which demonstrates the merger, merger or division of other legal persons,
an inventory of properties and an inventory of other property rights to be covered by the registered change and, in the case of the division of a legal person, a record of the distribution of property with an inventory of properties and claims secured by a mortgage on immovable property registered in the register, ';
23. In Paragraph 39, the following paragraph 6 is added:
"(6) The instrument on the basis of which the right of ownership to a new construction is registered if the owner of the construction is not the owner of the land is also the instrument on the basis of which the builder had the right to build the construction with the consent of the owner of the land."
24. Paragraph 41 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
25. In Paragraph 42, the following paragraph 2 is inserted after paragraph 1, including footnotes 88a and 88b:
"(2) In the event of the settlement of the acquired joint ventures of spouses under special legislation88a) after the effects of the opening of insolvency proceedings have occurred and such settlement has been entered in the register before the bankruptcy declaration 88b) has ceased to have effect, the unsettled joint ventures of spouses shall be recorded on the basis of the declaration of the insolvency administrator with the requirements similar to those laid down in § 40 (3).
88a) § 150 (4) of Act No. 40 / 1964 Coll., Civil Code, as amended.
88b) § 269 (2) of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law). '
Paragraph 2 shall become paragraph 3.
26. Paragraph 43 (1), including footnote 92, reads as follows:
"(1) The termination of the burden in kind by means of monetization under the special legislature92) shall be recorded according to the declaration supported by the declaration of the insolvency administrator; the declaration must be accompanied by the particulars of the termination certificate referred to in Paragraph 40 (4).
92) § 285 (1) of Act No. 182 / 2006 Coll. '.
27. Paragraph 43 (3), including footnote 94a, reads:
"(3) The loss of lien and the loss of material burden by expropriation pursuant to special legislation 94a) shall be recorded on the basis of the confirmation of the expropriation office; the declaration must be accompanied by the particulars of the termination certificate referred to in Paragraph 40 (4).
94a) § 6 of Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act). '.
28. The following paragraph 5 is added to Paragraph 43, including footnote 96a:
"(5) The creation of a pre-purchase right under special legislation96a) shall be registered on the basis of the notification of the acquirer of a zoning plan or a regulatory plan, supported by a certified partial copy of the text part of a general measure (zoning plan or regulatory plan) with a record of effectiveness. The certified partial copy shall include the introductory and final pages of the text part of the general measure and the part of the text part thereof defining the public works and public utility measures for which the right to pre-purchase may be applied. If the definition of public utility buildings and public utility measures is not carried out by the indication of the land designated under the cadastral law, or if the general nature of the measure does not indicate for which person the right of pre-purchase has been established, such data shall be derived from the notification of the acquirer of the zoning plan or regulatory plan. The right to pre-purchase shall be registered with the whole of the land even if only part of it has been designated for public utility construction, public utility measure or public space.
96a) § 101 of the Building Act. '
29. In Paragraph 44 (1), the words "final decision to terminate the succession procedure 'shall be inserted after the words" death certificate'.
30. In Paragraph 47 (3), the semicolon is replaced by a dot, the part of the sentence after the semicolon is deleted and the sentence which, including footnote 97a, is added: "To delete a note on the basis of a decision registered under the first sentence, it is necessary to provide evidence of the legal power of the decision, unless it follows from the special legislative provision 97a) that the effects of the decision have occurred earlier.
97a) For example § 113 (5) and § 245 (2) of Act No. 182 / 2006 Coll., as amended. '
31. in Article 52 (3) (b), including footnote 102a and the text after point (b):
"(b) a written declaration by the owners that the border has not been changed by them, is neither contested nor contested; the declaration is not necessary if the original outcome of the surveying activity makes the error obvious, or if the correction is based on the correction of the listin102a).
At the same time, the adjustment of the geometrical and positional determination of the plot is to correct the geometrical and positional determination of the extent of the material burden to the parts of the changes in the parcels concerned, provided that the range has been defined in accordance with point 16.3 of the Annex by a distance from the parcel border.
102a) § 8 (2) of the cadastral law. '
32. in Paragraph 52 (4):
"(4) Incorrect determination of the plot area shall be corrected by the cadastral office according to the geometrical destination in force."
33. in Paragraph 55 (2) (c), including footnote 105a, the following shall be added:
"(c) the instruction of the owner's obligations and possible sanctions under the cadastral law (105a) and the warning that unmarked borders will not be targeted and will be added to the renewed cadastral operator according to the present depiction in the cadastral map, or according to the operator of the previous land register and the result of the supplement will be published during the opposition proceedings (33).
105a) § 10 (1) (b), § 10 (2) and § 23 (b) of the cadastral law. '
34. in Paragraph 57 (3) (b), "0.012" is replaced by "0.014."
35. in Paragraph 63 (6):
"(6) In a set of descriptive information, when the cadastral operator is restored by reprocessing at the same level code for the method of determination of the acreage, the existing acreage shall be retained if the limit deviations specified in point 14.9 of the Annex are not exceeded and, in other cases, the acreage determined from the graphical computer file of the digitised cadastral map shall be introduced. ';
36. In Article 63 (8), the words "which, in the case of a digitised map, also contain a specified form of design processing to display the change in the cadastral map," shall be deleted.
37. in Paragraph 66 (1) (c), including footnote 113a:
"(c) a final decision on the exchange or transfer of property rights, or, where appropriate, the establishment or abolition of a material burden on the land concerned or a final decision on the determination of the boundaries of the land 113a);
113a) § 13 (3) of Act No. 139 / 2002 Coll. '.
38. In Article 66 (1), at the end of the text of point (k), the words "if its scope is not defined in the results referred to in point (h)," shall be inserted.
39. in Paragraph 67 (d), the word "sketches" is replaced by "records."
40. in Paragraph 69 (1) (a), the words "position system119) (hereinafter" GPS ")" shall be replaced by the words "navigation satellite system119) (hereinafter" GNSS ")."
41. in Article 69 (1) (b), the words "characterised by quality code 3, with coordinates in S-JTSK," shall be replaced by the words "whose coordinates have been determined in S-JTSK with the accuracy specified in paragraph 13.1 of the Annex,"
42.In Paragraph 71 (1) (a):
"(a) when using geodetic methods, they have made it possible to determine the coordinates of the detailed points to the accuracy of paragraph 13.1 of Annex a."
43.In Paragraph 71 (9), "GPS" is replaced by "GNSS."
44. in Paragraph 73 (1) (a), "paragraph 4" is replaced by "paragraph 3";
45. in Article 77 (1) (a) and (b), the words "with quality code 3" shall be deleted;
46. in Paragraph 78 (2) (d), the words "in accordance with paragraph 1 (b), the extent of the whole group of material loads to the parts of the land and in areas with a digital map or digitised map in the S-JTSK shall be indicated by the intersection of the perimeter of the group with the boundaries of the parcels." and the last sentence shall be deleted.
47. in Paragraph 78, the following point (e) is added at the end of paragraph 2:
"(e) The practice set out or by the owners of the specified land boundaries and the geometric plan for the correction of the geometrical and location determination of the land shall contain only the number of the ownership sheet as compared to the status of the legal relationship record for the change of the land concerned. Where the change affects the boundaries of the parcel from which the extent of the material burden to the part of the parcel displayed in the cadastral map is defined, it shall include a geometrical plan, as well as an accuracy or correction of the geometric and position determination of the extent of the material burden. ';
48. In Paragraph 78, the following paragraph 6 is added:
"(6) If the geometrical plan proposes the specification of the geometrical and localical identification of the land requiring proof of the affidavit referred to in Article 85 (6), the description field shall indicate:" The specification of the geometrical and localising land according to § 19a (4) of the cadastral law proposed in this geometrical plan may only be carried out in the cadastral register on the basis of the affidavit statement referred to in Article 85 (6) of the cadastral decree. '.
49. In Article 80 (3), the words "not later than 10 working days after the date of submission of the request for confirmation of the geometric plan, unless otherwise agreed with the verifier 'are deleted.
50. in Paragraph 80 (7), the last sentence is deleted;
51.Paragraph 85 (1) reads as follows:
"(1) The basic basis for setting the boundary of the plot is its geometrical and position determination registered in a set of geodetic information. If the geometrical and positional determination (Paragraph 6 (1)) is given only by the display of the land boundaries in the cadastral map according to the original result of the surveying activity, this original result of the surveying activity shall also be used for the identification. Data from other results of the surveying activities may also be used for identification, provided that they are not found to be inconsistent with the geometrical and position determinations in force. ';
52. Paragraph 85 (5) and (6) read:
"(5) Instead of setting the border, the focus of the existing border marked in a permanent manner, the course of which was specified by the owners in the field, which corresponds to the view in the cadastral map, the location of the quarry points being specified within the distance given by the limit position error calculated in accordance with point 13.3 of the Annex. The boundary registered in the cadastral can be specified only by displaying it in the cadastral map so that its specified course does not deviate from that display by a distance greater than twice the parameter" k 'in paragraph 15.5 of the Annex. The limit difference between the lengths specified in paragraph 15.2 of the Annex shall be respected between clearly identifiable points. By specifying the border, it is possible to mark the detailed shape of the subject of the half-book given by length according to § 16 (10), which was not displayed in the analogue map due to its scale.
(6) The precise geometrical and location identification of the parcel and corresponding to the specified area of parcely123) shall be entered by the cadastral office in the cadastral register on the basis of a declaration by the owner, supported by a declaration of agreement, showing the conformity of the owners of all changes to the parcels concerned in the course of the specified or specified boundaries. An inseparable part of the consent declaration is a geometric plan for the process set out or by the owners of the specified boundaries. When registering the precise geometrical and location identification of the land and its corresponding refined premises, the Catastral Authority considers the expression of the will of the persons to be established if, in an agreed declaration, the verifier has explicitly confirmed that the owners of the parcels in question, whose identity they have established, have signed the consent declaration before it, or the signatures on the above list are verified by one of the methods set out in Paragraph 37 (6). In the case where the accuracy of the geometrical and position determination of the plot and the corresponding precision of the plot area affects a larger number of owners, it is sufficient that the notification of the change is made only by one of those owners. In the case of a border between the land of the same owner, the cadastral office shall enter in the cadastral register an accurate geometrical and location identification of the parcel and corresponding to its precise area of the parcel on the basis of its notification of the particulars similar to that of the agreement. ';
53. In Paragraph 85, paragraphs 7 to 9 are added:
"(7) The declaration referred to in paragraph 6 shall contain:
(a) the designation of the persons making the consent declaration,
1. the name and, where applicable, the names and surnames, the address of the place of permanent residence and, where applicable, the address of residence abroad, if not permanent residence in the Czech Republic, and the natural person's birth number, or the date of birth, if no birth number has been assigned; or
2. the name, address and identification number of the legal person;
(b) the identification of the real estate by the cadastral law 86),
(c) a description of the progress set out or by the owners of the specified land boundaries by the number of points according to the result of the surveying activity;
(d) it is stated that the borders have not been changed, are not disputed and are their will to be registered and respected in the register as they were directed.
(8) The detailed geometrical and positional determinations shall be entered in the register without the owner being notified in accordance with paragraph 6, on the basis of the original result of the geometrical activity from which the location of the quarry points can be determined to an accuracy higher than that of the geometrical and position determinations in force according to the register.
(9) At the same time, by specifying the geometrical and positional determination of the plot, the geometrical and positional determination of the extent of the material burden shall be made more precise to the parts of the changes in the parcels concerned, provided that the range has been defined in accordance with point 16.3 of the Annex by a distance from the parcel border. ';
54. In Paragraph 91, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of the disputed border between the land referred to in § 12 (1) (g) shall be entered in the descriptive information file on the basis of its findings pursuant to § 57 (4) when the cadastral operator is restored by a new mapping.
55. At the end of § 92, the sentence "In these areas, the homogeneity of the geometrical basis of the detailed measurement shall be checked, with the semi-hosing of the cadastral map on selected identical points, when marking changes. In the case of a shift found, the change to the cadastral map shall be indicated in accordance with the procedure laid down in paragraph 16.26 of the Annex. ';
56. In point 1 of the Annex, the words "up to the area of 0,25 ha 'are deleted.
57. In point 1 of the Annex to the entry for fruit orchards, the words "of an area above 0,25 ha 'are replaced by the words" or the land constituting the surrounding land is a continuous whole [Paragraph 3i (e) of Act No. 252 / 1997 Coll.]'.
58. In point 2 of the Annex, the text of the code of the type of plot of land shall read "2, 6 to 10 and 14 '.
59. In point 4 of the Annex, footnote 2 reads as follows:
'2. The cadastral information system may also include the deleted codes for the use of construction 1 (industrial building), 3 (housing object), 4 (forestry object) and 5 (civil amenities object), which cannot be rewritten until the next change in the cadastral area concerning the building or the restoration of the cadastral operator has been made by new mapping. '
60. In point 9.8 of the Annex, the words "in 1871 'are deleted.
61. In point 10.2 of the Annex, the following point 1.11 is added:
| „1.11 | Bod dočasně stabilizovaný s výzvou k trvalému označení | | jen v náčrtu zjišťování hranic“. |
62. In point 10.3 of point 2.22 of the Annex, the words "only in the drawing of the border survey 'shall be inserted after the words" line 0.121'.
63. In point 10.3 of the Annex, footnote 2 reads as follows:
'2. In the event of a collision with another border, the map marks number 2.23 and 2.24 shall be displayed 0,5 mm in the direction of the protected area or zone. ';
64. In point 10.4 of the Annex, the following point 3.19 is inserted after point 7.01:
| „3.19 | Zbořeniště, společný dvůr | | “. |
65. In point 10.8 of the Annex, the following point 2.22 is inserted after point 1.04:
| „2.22 | Hranice převzatá | |
66.In point 12.5 of the Annex, point (e), after the semicolon, the figure 3 is deleted.
67. In point 12.7 of the Annex, "GPS 'is replaced by" GNSS'.
68. Paragraph 12.10 of the Annex reads as follows:
"12.10 The Uxy boundary coordinate error shall be determined twice the basic mean mxy coordinate error. ';
69. Points 12.11 and 12.12 of the Annex shall read as follows:
"12.11 The assessment of the achieved accuracy of the coordinates of the newly determined point of the detailed position point field shall be carried out by means of:
(a) the sampling mean coordinate errors calculated by the method of least squares; or
(b) the sampling mean coordinate errors calculated from the measurement pair;
which shall not exceed the value of the Uxy limit coordinate error calculated in accordance with paragraph 12.10. In the case of a set containing more than 20 newly determined points of the detailed position point field, at the same time at least 40% of the sampling mean coordinate errors shall be less than the value of the baseline mean coordinate mxy error.
12.12 Verification of coordinates of the current point of the detailed position point field shall be carried out using an independent control determination of the coordinates. The actual co-ordinate error shall not exceed the value of the Uxy limit coordinate error calculated in accordance with paragraph 12.10. In the case of verification of the homogeneity of a file containing more than 20 points of the detailed position point field with the base position point field and the condensing points, at the same time at least 40% of the sampling mean coordinate errors shall be less than the value of the parent mean coordinate error mxy. ';
70. In Annex, point 13, including the title:
"13. Characteristics and accuracy criteria of detailed measurements and coordinates of detailed points
13.1 A characteristic of the accuracy of the x-coordinate, y-coordinate detail points is the mean mxy coordinate error that refers to the nearest points of the position point field. The coordinates of the detailed points of the half-book shall be determined with an accuracy given by the primary mean coordinate error mxy = 0,14 m. The characteristic of the relative accuracy of the determination of the coordinates of the pair of points is the mean error of length md. The lengths shall be determined with an accuracy given by the basic mean error of the length md calculated in accordance with paragraph 13.6.
13.2 The limit coordinate error shall be determined by twice the basic mean coordinate error mxy. The limit difference of length ud is determined by twice the basic mean error of length md.
13.3 Limit position error up is given by relationship
- Up.
13.4 Assessment of the achievement of the accuracy of the determination of the coordinates of the newly determined or verification of the coordinates of the existing detailed half-letter point shall be carried out by means of:
(a) measuring or checking the lengths of the direct links of other selected pairs of detailed points and their comparison with the lengths calculated from coordinates; or
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Regulation Information
| Citation | Decree No. 164 / 2009 Coll., amending Decree No. 26 / 2007 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended, (cadastral decree) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2009 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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