Act No. 173 / 2012 Coll.
Act amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended
Valid
Effective from 29.06.2012
173
THE LAW
of 26 April 2012
amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended by Act No. 485 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 114 / 2000 Coll., Act No. 277 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. The following Sections 2c and 2d are inserted after Section 2b, including footnotes 3b and 3c:
(1) On 1 January 2014, the municipalities of immovable property which, subject to the conditions set out below, are transferred to the property of the municipality which:
(a) the municipalities owned on 31 December 1949,
(b) were owned by the Czech and Slovak Federal Republic on 24 May 1991,
(c) are owned by the Czech Republic on the date on which the request of the municipality is made pursuant to paragraph 4;
(d) is not located on the date of entry into force of this Act in the territory of military escapment3b;
(e) is not at least partly within the 50 m zone from the national borders of the Czech Republic; and
(f) whose list has been approved by the Government of the Czech Republic by its resolution.
(2) At the same time as the immovable property referred to in paragraph 1, it is transferred to the municipality and its accessories.
(3) Paragraph 2 (3) to (5) shall apply mutatis mutandis to immovable property referred to in paragraph 1.
(4) The application for the inclusion of the real estate in the list referred to in paragraph 1 (f) shall be applied by the competent municipality to the relevant organisational body of the State or State Organisation by 31 March 2013 at the latest. Applications made after that deadline shall not be taken into account. All applications received shall be submitted by the competent organisational body of the State to the Government of the Czech Republic by 31 July 2013, including a recommendation on whether or not to include real estate in the list referred to in paragraph 1 (f).
(5) The application of the municipality must include the identification of the immovable property concerned according to the state of the property register at the date of the application and the proof of the ownership of the municipality on 31 December 1949 and, where appropriate, the legal succession of the municipality. An application not complying with these requirements shall be returned to the municipality, stating the reasons for which the application is deemed to be defective.
(6) Where necessary for the processing of an application, the relevant cadastral office shall provide the relevant municipality, the organisational body of the State or the state organisation with the relevant data from the cadastral property register free of charge and, if necessary, produce an identification of the parcels or other document that will result in the real estate in which the present parcel is the subject of the application or part thereof.
(7) The application shall not give the municipality the right to include the immovable property in the list referred to in paragraph 1 (f). The Government shall not include in the list, in particular, real estate matters which the State still needs to fulfil its functions or in connection with the performance of its functions or to fulfil its obligations under international law.
(8) The resolution referred to in paragraph 1 (f) shall be adopted by the Government, on the basis of proposals from the relevant organisational bodies of the State or State organisations, by 30 September 2013 at the latest.
(9) Where necessary for the performance of the functions of an organisational body of a State or a State organisation, a right corresponding to the burden in kind shall be established free of charge to the immovable property to which ownership is transferred to the municipality referred to in paragraph 1. The right corresponding to the burden in kind shall be established by contract for the application of an organisation of a State or a State organisation. The application must be made within one year of the transfer of ownership to the municipality.
(1) The relevant organisational body of a State or a State organisation shall ensure, for land to be included in the list referred to in Article 2c (1) (f), the identification and orientation of the land and the development of geometrical plans.
(2) A reference to the relevant geometrical plan (c) will be an integral part of the list referred to in Article 2c (1) (f) for land to be displayed in the cadastral map.
3b) § 30 of Act No. 222 / 1999 Coll., on the Protection of the Czech Republic, as amended.
3c) § 19 of Act No 344 / 1992 Coll. '.
2. Article 7 shall be deleted;
3. Paragraph 8, including footnote 10, reads:
(1) If the property right transferred to the municipality pursuant to § 1, 2, 2a or § 2b of this Act is not yet registered in the Real Estate Register, the municipality shall be required to apply the application against the cadastral office by 31 March 2013 at the latest or to bring an action for the establishment of the property right in court. If the municipality fails to fulfil that obligation, the date of 1 April 2013 shall be deemed to be the date of the transfer of ownership to the State.
(2) The ownership of municipalities acquired under § 2c is recorded in the real estate register (10) on the basis of a declaration by the relevant organisational body of the State or state organisation and the respective municipality. A reference to the relevant government resolution and to the land to be displayed in the cadastral map will be an integral part of the consent statement.
10) Article 7 of Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended. '
Efficacy
This Law shall take effect on the 30th calendar day following its publication.
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Regulation Information
| Citation | Act No. 173 / 2012 Coll., amending Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to ownership of municipalities, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.2012 |
|---|---|
| Effective from | 29.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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