Act No. 169 / 2018 Coll.
Act amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure, as amended, and other related laws
Valid
Effective from 31.08.2018
169
THE LAW
of 18 July 2018
amending Act No. 416 / 2009 Coll., on speeding up the construction of transport, water, energy and electronic communications infrastructure, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Acceleration of Transport, Water, Energy and Electronic Communications Infrastructure
Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure and electronic communications infrastructure, as amended by Act No. 209 / 2011 Coll., Act No. 405 / 2012 Coll., Act No. 178 / 2014 Coll., Act No. 49 / 2016 Coll., Act No. 194 / 2017 Coll. and Act No. 225 / 2017 Coll., is amended as follows:
1. In Article 1 (1), the words "in the acquisition of rights to land and buildings necessary for the implementation of these structures' shall be inserted after the words" electronic communications'.
2. In Article 2, paragraphs 5 and 6 are added:
"(5) In a procedure under a building law, which is a procedure with a large number of participants, the notice of initiation shall be delivered in accordance with the procedure laid down in the building law. The other documents shall be delivered on a case-by-case basis only to the applicant, the municipality in whose territory the intention is to be carried out and the authorities concerned; other parties to proceedings shall be served by means of a public order, which they shall learn in the notice of initiation, where they are individually served on them.
(6) Where a person who has been or should have been a party to proceedings under a building law to which a document is to be served individually or a party to an expropriation proceedings has died and the competent authority responsible for conducting the proceedings has, within 60 days of the date on which he has established that he has died, failed to identify the persons who would have been parties to the proceedings as a result of his death, he shall appoint a guardian; This shall not apply if, in accordance with the administrative rules, the document is to be served by a public decree instead of the provisions of the guardian. ';
3. In Article 2, the following paragraph 7 is added:
"(7) Where the administrative decision in the proceedings referred to in Article 1 is subject to a binding opinion and the competent authority concerned is not to issue the binding opinion within 60 days of the date on which the administrative authority responsible for the proceedings referred to in Article 1 has been invited to do so, the decision shall not be subject to that binding opinion and shall not be taken into account if the binding opinion issued at a later date. The first sentence shall not apply to the issue of a binding opinion on the impact of the implementation of the project on the environment. '.
4. At the end of the heading § 2d, the words "and the construction of electronic communications infrastructure 'are added.
5. In Article 2d (1), the words "and buildings of electronic communications infrastructure 'shall be inserted after the words" Paragraph 1 (4) (f) and (g)'.
6. The following Sections 2e to 2g are inserted after Section 2d, including footnote 14:
(1) The regional authority of the region on whose territory the construction of the transport infrastructure is to take place shall be responsible for conducting the territorial and expropriation proceedings. If the construction of the transport infrastructure is to take place in the territory of the capital city of Prague, it is responsible for the management of the territorial and expropriation management, the construction of the transport infrastructure, the Magistrate of the capital city of Prague.
(2) If the construction of the transport infrastructure is to take place in the territory of several regions, the management shall be carried out by the authorities referred to in paragraph 1 for which the application has been submitted.
(3) The appeal authority and the authority responsible for the review procedure for decisions taken in the proceedings referred to in paragraphs 1 and 2 are:
(a) for transport infrastructure pursuant to § 1 (2) (a) and (b) of the Ministry of Transport,
(b) in other cases, the Ministry of Regional Development.
Everyone shall be obliged to allow measurements and exploratory work to be carried out in preparation for the construction of the transport infrastructure carried out by a legitimate investor (14), even before the start of the procedure by which the construction is placed or authorised, or by which the construction is placed and authorised. To that end, the authorised investor and the authorised persons shall have the right to enter and enter foreign immovable property. An authorised investor or persons authorised by him shall, as far as possible, examine the rights of the owners of the immovable property in question and, at least 14 days in advance, notify them in writing of the carrying out of measurements or exploratory work on their immovable property in accordance with Paragraph 3 (2). The notification referred to in the previous sentence shall state the reason for carrying out measurements or exploratory work on immovable property, the description of the activities to be carried out, the scope, manner, date and specification of the place of execution, the identification of the eligible investor, his contact details, the date of the notification and the name, surname, function and signature of the person authorised to represent the eligible investor. At the end of the work, the authorised investor or persons authorised by him shall be obliged to put the immovable property in its previous state and, if this is not possible in view of the nature of the work carried out, to the condition corresponding to the previous purpose or use of the immovable property in question and to immediately notify the owner of the immovable property in writing at the address referred to in § 3 (2). Where the owner or user of a immovable property has been limited to the normal use of the immovable property pursuant to this paragraph as a result of the exercise of the rights of the beneficiary investor or of the person empowered by him or her, or has suffered damage to the property, he shall be entitled to an appropriate one-off compensation equal to twice the amount determined under the law on the valuation of the property (10).
(1) Unless otherwise agreed between the constructor of the construction of the transport infrastructure or the selected construction of the energy infrastructure and the owner, operator or manager of the transport or technical infrastructure, the owner, operator or manager of the transport or technical infrastructure shall be obliged to transpose it, tranship it or otherwise (hereinafter referred to as "the transponder ') within 12 months from the date on which the constructor of the construction of the transport infrastructure or of the selected construction of the energy infrastructure invite it to do so, provided that, at the time of the execution of the call, the substantive rights to the land or construction are ensured to carry out the transshipment; if the rights in rem are not secured at the time of the call, the period shall be extended to 18 months. Within 15 days of the date of receipt of the call, the owner, operator or manager of the transport or technical infrastructure shall be entitled to require that the rights in rem be provided on his behalf by the builder of the construction of the transport infrastructure or the selected construction of the energy infrastructure; in such a case, the owner, operator or manager of the transport or technical infrastructure shall carry out the transcript within 12 months of the date on which the constructor of the construction of the transport infrastructure or of the selected construction of the energy infrastructure has demonstrated that the rights in question are ensured. If the construction contractor provides in-kind rights on behalf of the owner, operator or manager of the transport or technical infrastructure of the construction of the transport infrastructure or the selected construction of the energy infrastructure, the provisions of Section 3b shall apply mutatis mutandis to the valuation of those rights.
(2) A decision on the basis of which the construction of the transponder of transport or technical infrastructure may be initiated may be taken after the legal power has been acquired.
(3) The time limits referred to in paragraph 1 shall be built for the duration of the circumstances preventing the implementation of the transponder of transport or technical infrastructure, unless the creation and duration of the transponder by the owner, operator or manager of the transport or technical infrastructure have been caused.
(4) The owner, operator or manager of the transport or technical infrastructure is required to inform in advance the constructor of the construction of the transport infrastructure or of the selected construction of the energy infrastructure in advance of the way in which the transponder is carried out and of the way in which the cost of its execution is determined.
(5) The builder of the construction of the transport infrastructure or of the selected construction of the energy infrastructure shall be obliged to replace the owner, operator or manager of the transport or technical infrastructure that carried out the technical or transport infrastructure transpose only the necessarily necessarily incurred costs of carrying out the transponder.
14) Article 23a of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations, as amended. '
7. The following Section 2h is inserted after § 2g:
(1) An application for approval of the removal of agricultural land from the agricultural land fund for the purposes of the construction of transport or energy infrastructure shall be submitted to the authority responsible for the protection of the agricultural land fund.
(2) The transfer of assets in connection with the construction of transport infrastructure shall not require the granting of consent, exemption or approval under the State Property Act. '
8. The following Section 2i is inserted after Section 2h, including footnote 16:
Building electronic communications infrastructure
(1) The decision on the location of the construction or the territorial agreement under the construction law does not require electronic communications connections up to 100 metres in length; This does not apply in cases where a binding opinion is required to assess the effects of the implementation of the environmental project under the Environmental Impact Assessment Act (16).
(2) The use of the construction of electronic communications infrastructure is not required by the approval procedure or by the approval decision under the building law. Within 60 days of the start of use of the construction site, the contractor shall submit to the competent construction office data identifying the location of the construction site, documentation of the actual execution of the construction, provided that there are no significant deviations from the verified documentation or verified project documentation, and a geometric plan for the location of the construction.
16) § 45i (2) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as amended. '.
9. In Article 3, the following paragraph 6 is added:
"(6) Where the rights necessary for the construction of transport or energy infrastructure are concerned, the condition of the admissibility of the expropriation, consisting of the impossibility of obtaining such rights by agreement or otherwise, shall be satisfied if the expropriated person received the application for a contract to acquire rights in the land or construction which is the subject of the expropriation and the contract was not concluded within 90 days of the date of receipt of the application, even though the expropriation expropriated party had attempted to negotiate with the expropriated party. '
10. At the end of Paragraph 3a, the following sentence is added: "If rights are acquired under the sentence of the first transfer of a joint ownership interest, the co-owner's right of pre-purchase shall not be exercised in respect of that share arising from the law or established by the Treaty. '
11. in Article 3b (2), the words "and the purpose of use" shall be deleted;
12. in Paragraph 3b (3):
"(3) If the necessary rights are acquired under § 3a by a contract to establish, amend or revoke a right corresponding to the burden of goods or the right of construction, the amount of the payment of CZK 10 000 is agreed. Paragraphs 1 and 2 shall apply mutatis mutandis if they do not agree with the amount expropriated under the preceding sentence. ';
13. In Paragraph 3b, the following paragraph 6 is inserted after paragraph 5:
"(6) The procedure provided for in paragraphs 1 to 5 may be extended to the right to land or construction which is not necessary for the construction of the transport infrastructure if, as a result of the transfer of rights under Paragraph 3a, such land or construction could not be used at all or only with disproportionate difficulty. ';
Paragraph 6 shall become paragraph 7.
14. in Article 3b (7), "5" is replaced by "6."
15. § 3d reads:
By exchange agreement, the rights necessary for the construction of the transport infrastructure can be acquired only in exchange for the rights to land owned by the Czech Republic or by a legal person established by law or established or established by a State against which the State is a controlling person. Paragraph 3b (2) shall apply to the valuation. ';
16. The following Section 4a is inserted after Section 4, including footnote 15:
(1) If the expropriation authority in the expropriation procedure, which relates to the right to land or construction needed for the construction of the transport infrastructure as defined in the territorial development principles and listed in the Annex to this Act, concludes that the conditions for expropriation are fulfilled, with the exception of the determination of the amount of compensation for expropriation, it shall, at the request of the expropriator, issue an interim decision (15) containing statements pursuant to Article 24 (3) of the Expropriation Act ("interim decision ').
(2) An appeal against an interim decision is not admissible.
(3) An action against an interim decision shall be decided by the court within 60 days; This applies mutatis mutandis to appeals against the court's decision to bring an action.
(4) An application to grant the suspensive effect of an action against an interim decision may only be brought together with the action. An application for an appeal against a judgment of the Court of First Instance in accordance with the preceding sentence may be brought together with an appeal. The court shall not take account of the application submitted at a later date to grant suspensive effect.
(5) If the interim judgment has not been annulled by the court, the expropriator shall pay the expropriated advance on the compensation for expropriation at an amount set by the expert opinion which has attached to the draft contract for the acquisition of land or construction rights within 60 days of the legal authority
(a) interim decisions;
(b) the court's decision to bring an action against an interim decision, if any; or
(c) the judgment of the court of appeal against the decision of the court of appeal, if any.
(6) Where an action has been brought against an interim decision or an appeal has been brought against a judgment of the Court of First Instance on such an application, the expropriation office will not give a decision on the remainder of the case before the court's decision on the action or appeal has become final.
(7) If the refund for expropriation provided for in the decision on the remainder of the case is higher than the advance paid for exexpropriation, the expropriator shall settle the difference no later than 60 days from the legal authority of the decision on the remainder of the case. If the refund for expropriation provided for in the decision on the remainder of the case is lower than the advance paid for the exexpropriation, the expropriated shall return the difference no later than 60 days from the legal authority of the decision on the remainder of the case.
(8) If the expropriation of the material burden on the land or construction also causes the expropriation of the expropriation, paragraphs 5 and 7 shall apply mutatis mutandis to the person entitled to the expropriation whose rights cease to exist.
15) § 148 of Act No. 500 / 2004 Coll., Administrative Rules, as amended. '
17.
If the construction of a transport, water or energy infrastructure is prevented by rental or pacht relating to the land or construction owned by the builder, the builder shall be entitled to terminate the lease or pacht regardless of the agreed duration of the lease or the pacht. The lease or deed shall end with the expiry of a period of notice of 3 months, regardless of the end of the year. The tenant or smuggler shall be entitled to compensation for damage caused by the termination of the lease or the pate. ';
18. the following Annex is added:
"Annex to Act No. 416 / 2009 Coll.
1. Freeways and roads
1.1 Freeways
D0 (Prague circuit), D1, D2, D3, D4, D5, D6, D7, D8, D10, D11, D35, D43, D48, D49, D52, D55,
1.2 First class roads
I / 12, I / 33, I / 35, I / 42, I / 49,
2. Railways
railway line Prague - Plzeň - Domažlice - state border,
railway line Ústí nad Labem - Cheb,
railway line Plzeň - České Budějovice,
railway line Prague - České Budějovice - Horní Dvořiště - state border,
railway connection Prague - Kladno incl. connection of Václav Havel Airport Prague,
railway line Prague Vysočany - Lysá nad Labem,
railway line Hradec Králové - Pardubice - Chrudim,
railway line Prague - Česká Třebová - Brno,
railway line Great Osek - Hradec Kralove - Choceň,
the railway line Týništěch nad Orlicí - Častolovice - Solnice,
railway line Procentrní Žleb - Děčín - Mělík - Kolín - Havlíčkova Brod - Brno,
railway line Brno - Stop near Brno - Okržky,
RS 1 Praha - Brno - Přerov - Ostrava - border PL,
RS 2 Brno - Breclav - st. hr. SK / AT,
RS 4 Dresden - Ústí n. Labem - Praha incl. Kralupy (Nová Ves) - Louny - Most,
railway line Otrokovice - Vizovice,
railway line Hranice in Moravia - Upper Lidec,
structures within the railway junction Prague (bounded by railway stations Prague-Ruzyně, Prague-Zlicín, Prague-Řeporyje, Prague-Radotín, Prague-Zadoslav, Prague-Uhraneves, Prague-Běchovice, Prague-Horní Počernice, Prague-Čakovice, Solutions near Prague),
construction within the railway junction Brno (bounded by railway stations Brno-Maloměřice, Staré Liskovec, Modrice, Chrlice, Ponetovice),
construction within the railway junction Ostrava (bounded by the railway stations Polanka nad Odrou, Frýdek-Místek, Český Těšín, Petrovice u Karviné, border crossing Bohumín / Chalupki, Ostrava-Třebovice),
railway line Olomouc - Šumperk,
Special runways,
3. Infrastructure for Water Transport
gear Decin,
navigational degree
4. Infrastructure for air transport
parallel runway to take-off and landing of aircraft at Václav Havel Prague airport,
new fencing of Václav Havel Airport Prague. "
Transitional provisions
1. Proceedings initiated before the date of entry into force of this Act shall be completed and the rights and obligations shall be assessed in accordance with Act No. 416 / 2009 Coll., as effective before the date of entry into force of this Act.
2. Procedures which are not administrative proceedings initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Amendment of the Railway Act
In Section 5 of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 181 / 2006 Coll., Act No. 377 / 2009 Coll. and Act No. 319 / 2016 Coll., paragraph 3 reads:
"(3) If the property right to the land or construction needed for the construction of the railway is restricted by contract, the amount of payment of CZK 10 000 is agreed. If it does not agree with the amount expropriated in accordance with the previous sentence, the remuneration shall be agreed at the rate corresponding to the valuation of the limit set by the expert opinion. ';
Amendment of the Road Act
Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 489 / 2001 Coll., Act No. 256 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 268 / 2002 Coll., Act No. 358 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 375 / 2006 Coll., Act No. 18 / 2012 Coll., Act No. 119 / 2012 Coll., Act No. 208 / 2011 Coll., Act No. 342 / 2006 Coll., Act No. 329 / 2011 Coll., Act No. 227 / 2009 Coll., Act No. 157.
1. Paragraph 17 (3) reads as follows:
"(3) If the property right to the land or construction required for the construction, repair, modification, modernisation or reconstruction of the buildings referred to in paragraph 1 is restricted by contract, the amount of payment of CZK 10 000 shall be agreed. If it does not agree with the amount expropriated in accordance with the previous sentence, the remuneration shall be agreed at the rate corresponding to the valuation of the limit set by the expert opinion. ';
2. Paragraph 38 (1) reads:
"(1) If, as a result of other investment construction, the use of the infrastructure or part of the infrastructure is prevented for a long period of time or permanently, the client of the construction shall be obliged to carry out a transpose of the infrastructure or to construct alternative infrastructure for his cargo. The owner of such infrastructure shall be the owner of the trans-transhipped or replaced infrastructure. If the client has acquired the right of ownership to the land on which the infrastructure was located or to the road auxiliary parcel, he shall transfer it to the owner of the translated or replaced infrastructure free of charge. ';
3. In the first sentence of Paragraph 44 (2), the words "motorway or road section, including road section 'are deleted.
Amendment to the Expropriation Act
In Article 10 (5) of Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act), as amended by Act No. 405 / 2012 Coll., the words "and purpose of use 'are deleted.
EFFECTIVE
This law shall take effect on the 15th day following its publication, with the exception of the provisions of Article 5 (1) (a) and (b). I, point 6, as regards Article 2e, which shall take effect on the first day of the twelfth month following its publication and with the exception of Part Five, which shall take effect on the first day of the calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 169 / 2018 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.2018 |
|---|---|
| Effective from | 31.08.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0