Act No. 184 / 2006 Coll.
Law on the withdrawal or restriction of property rights to land or construction (Expropriation Act)
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Effective from 01.01.2007
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184
THE LAW
of 14 March 2006
on the withdrawal or restriction of property rights to land or construction (Expropriation Act)
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
(1) This Act regulates the conditions
(a) the withdrawal or limitation of the property right or right corresponding to the material burden on the land or to the construction and transfer of the property right or the acquisition of a right corresponding to the material burden on that land or construction for the purpose of the expropriation provided for by a special law;
(b) the granting of compensation for the withdrawal or restriction of the right of ownership or of the right corresponding to the burden in kind on the land or construction;
(c) the revocation or restriction of the right of ownership or of the right corresponding to the burden in kind on the land or to the construction of the land and the recovery of those rights to their owner.
(2) Expropriation and expropriation proceedings governed by specific legislation1) are not affected by this law.
Basic concepts
For the purposes of this Act:
(a) the expropriation of the removal or restriction of the right of ownership or of the right corresponding to the burden in kind of land or construction for the purpose of the expropriation provided for by a special law;
(b) the expropriated person who is the owner of the expropriated land or construction or who has the right to it corresponding to the burden of substance; where the title to the construction or land to which the expropriation relates has been transferred to ensure the fulfilment of the epizo4), it shall also be expropriated from the hedging transfer of the right which has transferred the right to the creditor in order to ensure its ownership obligation;
(c) by the expropriator who requests the transfer of the property to the expropriated land or construction, in order to establish a material burden on the land or construction or to abolish or restrict the right expropriated to the corresponding material burden;
(d) expropriation proceedings concerning the withdrawal or restriction of the property right or the right corresponding to the material burden on the land or construction, the transfer of the property right or the acquisition of the right corresponding to the material burden on that land or construction, and the granting of compensation for the withdrawal or restriction of the property right or the right corresponding to the material burden on the land or construction;
(e) by a lien creditor who has a claim secured by a lien on the expropriated land or construction;
(f) by a sub-lien creditor who has a claim secured by the cessation of a claim secured by a lien on the expropriated land or construction;
(g) the ownership of multiple owners,
(h) rent and sublease.
CONDITIONS OF USE
(1) Expropriation shall be permitted only for the purpose of expropriation provided for by a special law and only if the public interest in achieving that purpose outweighs the preservation of the rights expropriated to date. Expropriation shall not be permitted where the rights to land or construction necessary for the purpose of expropriation can be acquired by agreement or otherwise.
(2) Where it is monitored by the expropriation of a change in the use or spatial layout of the territory, including the location of the buildings and their changes, it may only be carried out if it complies with the objectives and tasks of spatial planning.
(1) Expropriation may be carried out only to the extent necessary to achieve the purpose of expropriation provided for by a special law.
(2) The public interest in expropriation must be demonstrated in the expropriation procedure.
(3) If the land, construction or part thereof or, where appropriate, the right to use it without expropriated land, construction or parts of it or the burden thereof is not possible either at all or only with disproportionate difficulty, expropriation may be extended if the expropriated person so requests, even if it is not necessary for the purpose.
(1) Expropriation shall be permitted if the expropriator has failed to conclude a contract within 90 days to acquire the rights of the land or construction necessary for the purpose of expropriation laid down by law. The time limit for the conclusion of the contract with the expropriated shall begin to run on the day following the receipt of the application for conclusion of the contract (3). If delivered abroad, the date of service shall be the 30th day from the date on which the expropriator sent the application for conclusion of the contract through the postal operator.
(2) In relation to the draft contract, the expropriator is obliged to submit:
(a) an expert opinion according to which he proposed the expropriated price for obtaining the necessary rights to land or construction;
(b) information on the purpose of the expropriation, namely a specific project which cannot be carried out without obtaining the necessary rights for the land or construction from the expropriated, indicating that, if the contract is not concluded, such rights may be acquired in the public interest by expropriation; and
(c) information on the possibility of submitting an expert opinion to the expropriation authority pursuant to Article 20 (1).
(3) If the object of the contract is part of the plot, the geometric plan defining that part of the plot shall be an integral part of the draft contract.
(4) A contract for the acquisition of the necessary rights in respect of the land or construction referred to in paragraph 1 must establish a right expropriated for the repayment of the transferred rights, unless the implementation of the purpose of the transfer is commenced within 3 years of the conclusion of the contract.
(5) Compliance with paragraph 1 shall not be required:
(a) if the expropriated person is not known, if his residence is unknown, or if he has failed to deliver it to a known address; or
(b) if the expropriated person is restricted in his contractual freedom by law, by a decision of a court or by a decision of another public authority which has been prohibited from transferring his property to a property or to a building to another.
(6) Where the land or building is co-owned by the expropriated and expropriated, expropriation may be carried out only to the extent of the co-ownership of the expropriated.
RIGHTS OF THIRD PERSONS
Expropriation of property rights relating to land or construction shall cease all rights of third parties to the expropriated land or construction, as well as the effects of the enforcement orders and enforcement orders to the extent that they relate to the expropriated land or construction, unless otherwise specified.
(1) The right to rent an apartment, non-residential space, construction or land by expropriation does not cease.
(2) After the expropriation, the lessor may terminate the lease of the apartment, non-residential space, construction or land, except for the reasons set out in the special legislature5) even if their continued use prevents the purpose of expropriation. The right of the lessee to a housing refund under the special rule (6) is not affected.
Expropriation shall not result in material burdens for which the public interest requires it to continue to impose burdens even after expropriation.
REFUNDS ON USE
(1) Expropriation shall be subject to compensation for:
(a) at the level of the usual price7) the land or construction, including its accessories, where the right of ownership has been withdrawn; or
(b) at the price of the right corresponding to the substantive burden established under the valuation regulation (8), where the property right to land or construction has been restricted by the establishment of a material burden or where the right corresponding to the material burden has been withdrawn or reduced.
(2) In addition to the compensation referred to in paragraph 1, the expropriated shall also be liable for the removal costs, the costs associated with the change in the place of business and other similar costs incurred by the expropriated person as a result and in connection with the expropriation.
(3) The refunds referred to in paragraphs 1 and 2 shall be fixed in such a way and at such a level as to correspond to the property damage suffered by the expropriated person as a result of expropriation.
(4) Where a valuation compensation is determined, the valuation shall be made in accordance with the valuation regulation effective at the time of the expropriation decision. Where the normal price7) of the land or construction would be lower than the price established under the valuation regulation, the expropriated compensation shall be equal to the price established under the valuation regulation.
(5) For the purposes of determining the refund, the price of the land or construction shall be determined on the basis of their actual status at the date of application for expropriation; without prejudice to their evaluation or impairment in relation to the proposed expropriation purpose. Similarly, it shall be applied for the purpose of determining compensation for the establishment of a right corresponding to the burden in kind.
Instead of the compensation referred to in Paragraph 10 (1) (a), another land or construction shall be granted to the expropriated person if agreed with the expropriator; the right to compensate for the difference in the price of the expropriated land or building and of the replacement land or construction is not affected.
If the expropriation of the material burden on the land or the construction is caused by the expropriation, a compensation equal to the price of the right shall be payable to the beneficiary.
(1) Refunds pursuant to Sections 10 and 12 are payable by the expropriator on a one-off basis in cash within the period laid down in the expropriation decision.
(2) Where the person entitled to the refund is not aware that his or her residence is unknown or that he / she is in a period of nine years, the expropriator shall lodge the refund within the period referred to in paragraph 1 in the custody of the court (10).
(3) If the person entitled has died and there is no possibility of payment of compensation in the course of the succession proceedings to the inheritance administrator or heirs, the expropriator shall, within a specified period of time, lodge it in the court responsible for the succession or with the judicial commissioner responsible for the proceedings for the inheritance of the deceased.
(1) The expropriator shall grant to the expropriated party the intended refund in full, unless the expropriated parcel or construction is subject to rights in rem which are no longer due to the expropriation and where its reimbursement is not due to a lien creditor, a subsurer or a creditor entitled to a hedge transfer of the right to pay outstanding claims. The expropriator shall provide the designated replacement to the entitled person of the material burden which he ceases to be expropriated on a separate basis.
(2) If, on the land or construction, the rights in rem which cease to be expropriated and are to be paid from the compensation for expropriated persons to the lien creditor, the lien creditor or the creditor entitled to the hedge transfer of the right of outstanding claim, the expropriation office shall decide on the refund for expropriated persons and determine the part of that compensation to be paid by the expropriator to those persons on the basis of an agreement submitted to distribute the refund with the officially certified signatures of the Contracting Parties, otherwise it shall order the expropriator to lodge the refund for the deemolument in custody of the court (10), 19), 19), in whose circumference the property or construction is to that party.
(3) To the extent provided for in paragraph 2, the expropriator shall be relieved of his obligation to the expropriated.
EXEMPTIONS
Expropriation Office
(1) The expropriation offices are:
(a) the municipal authority of the municipality with extended scope,
b) Municipality of Prague,
(c) the municipality of a territorial subdivided statutory city,
(d) Transport and energy construction office.
(2) The representative of the capital city of Prague and the representative of a territorial subdivided statutory city cannot delegate the powers of the expropriation office to urban areas or urban districts.
(3) The Regional Office shall be the superior administrative authority of the expropriation office referred to in paragraph 1 (a) and (c) and the expropriation office, if specific legislation so provides.
(4) The Ministry of Transport is a superior administrative body of the Transport and Energy Building Office, when it comes to expropriation for the purpose of implementing a motorway, railway or civil aviation construction, in other cases it is a superior administrative body of the Ministry of Industry and Trade. The Ministry of Local Development is a senior administrative body of the Regional Authority and the City of Prague.
(5) The powers under this Act shall be exercised by the expropriating authorities under paragraph 1 (a) to (c) as delegated powers.
Jurisdiction
(1) The expropriation procedure shall be carried out by the expropriation office in whose administrative district the land or construction concerned is situated.
(2) Where the land or buildings to which the expropriation relates are situated in the administrative district of two or more expropriation offices, the nearest joint superior administrative authority shall decide by a resolution which shall carry out the expropriation procedure.
(3) The Transport and Energy Building Office is responsible for the expropriation procedure for the purpose of expropriation,
(a) in order to achieve which a reserved construction permit is required under a building law; or
(b) which is provided for by the Mining Act, with the exception of expropriation to carry out specific interventions in the Earth's crust.
(4) Where the expropriator, expropriated or other party to the expropriation proceedings is a municipality whose municipal office is responsible for such expropriation proceedings, the regional authority shall, by order, entrust another expropriation office operating in its administrative district with the execution of the expropriation proceedings. Similarly, where a party to the expropriation proceedings is a person whose founder is a municipality or a county, the procedure shall be followed.
(5) If the expropriated, expropriated or other party to the expropriation proceedings is the capital of Prague and is responsible for that expropriation proceedings is the Magistrate of the capital of Prague, the Central Administrative Office in matters of expropriation (12) will order another expropriation office to carry out the expropriation proceedings.
(6) Where the expropriator, expropriated or other party to the expropriation proceedings is a region whose regional office is the competent expropriation office or the appeal administration, the Ministry of Local Development shall order the execution of the expropriation or appeal proceedings to another administrative authority.
Interested parties
(1) The parties to the expropriation proceedings are the expropriator, the expropriated, the lien creditor, the lien creditor and the creditor entitled under the law corresponding to the material burden on the land or construction concerned by the expropriation.
(2) If the property right to the construction or land to which the expropriation relates has been transferred to ensure the fulfilment of the seizure (4), the party to the expropriation proceedings shall also be entitled to the right to such a security transfer.
(3) Where the land or construction to which the expropriation relates is the subject of an uninterrupted succession procedure, or where one of the parties to the expropriation proceedings referred to in paragraph 1 or 2 has died, the parties to the expropriation proceedings of the inheritance administrator or, in the absence of the property in question in the management of the inheritance, the heirs of the deceased or, where appropriate, the State to which the expropriation proceedings are due under the special legislature13).
(4) Participants who are not known, whose residence is unknown or who have failed to deliver to a known address, the expropriation office shall appoint a guardian.
Initiation
(1) Expropriation proceedings may be initiated only at the request of the expropriator.
(2) The application to initiate the expropriation procedure must contain, in particular, the particulars laid down in specific legislation14)
(a) the designation of the land or buildings to which the expropriation relates and the rights of third parties bound therein;
(b) evidence of facts suggesting that the conditions for expropriation have been fulfilled (Sections 3 to 5);
(c) an indication of what expropriation the expropriator seeks;
(d) an indication of the time and manner within which the expropriator shall initiate the execution of the expropriation.
(3) The application shall be accompanied by:
(a) a cadastral map with an outline of the land and buildings proposed for expropriation, supplemented by a situation of other map materials which express graphically legal relations to real estate in cases where such relations have not yet been marked in the cadastral map; If a part of the land is expropriated, a geometrical plan in triplicate shall also be attached,
(b) a decision authorising a project or a framework permit, where it is required for the purpose of expropriation by a building law and where the building office which issued it is not at the same time an expropriation office;
(c) documents proving compliance with the expropriation conditions referred to in Article 5, including a declaration that the expropriator has failed to obtain the necessary rights to land or construction within the prescribed time limit;
(d) an expert opinion, provided that it has been provided in accordance with the first sentence of Article 20 (1), which, in the case of the fixing of a refund pursuant to Article 10 (1) (a), contains both the normal price and the price determined in accordance with the valuation regulation, effective at the date of application; Article 10 (5) applies mutatis mutandis,
(e) an expert opinion, if it has been provided in accordance with the first sentence of Paragraph 20 (1), which, in the event of a refund being fixed in accordance with Article 12, shall contain the amount of the refund for a beneficiary of the existing burden of material damage in accordance with the valuation regulation effective at the date of application,
(f) an agreement expropriated for the distribution of the refund with those to which rights in reportable land or construction are held by the expropriation, if it was concluded prior to the application, and the expropriator has this agreement.
Procedure
(1) The expropriation procedure shall be initiated by the expropriation office in writing, in addition to the parties to the proceedings, and by the relevant cadastral office. The cadastral office will write a note on the expropriation procedure in the Czech Republic's Real Estate Catastrophe if the property is registered in it.
(2) The notice referred to in paragraph 1 shall be served on the parties to the proceedings in their own hands.
(3) Upon delivery of the notice of initiation of the expropriation procedure, the expropriated party may not transfer, lease or otherwise load the land or construction to the extent covered by the expropriation. The legal acts by which the expropriated person infringes this obligation shall be void; This does not apply in the case of contracts concluded with or with the expropriator. In the case of expropriation, neither contractual nor legal pre-purchase rights shall apply to the expropriated land or construction. The expropriated party must be advised to initiate the procedure.
(4) For the restriction referred to in paragraph 3, the expropriator shall provide compensation to the expropriated party at the level of the proven injury caused by the restriction.
Expert opinion
(1) The refund shall be determined on the basis of an expert opinion drawn up at the request of the expropriated party, provided that the expropriated party submits it to the expropriation office within 30 days of the date on which the notice of initiation of the expropriation procedure was served on the expropriated party, or otherwise the refund shall be determined on the basis of an expert opinion as referred to in Article 5 (2) (a) made at the request of the expropriator; Paragraph 10 (4) is without prejudice to this.
(2) The expropriated person and anyone using the land or construction for any legal reason or even without legal reason shall be obliged to allow the expert appointed by the expropriation office to examine the land or construction necessary for the purpose of carrying out the assessment, provided that the expert has demonstrated to him the duration of the inspection at least 3 weeks in advance.
(3) If they fail to comply with the expropriated obligation referred to in paragraph 2, the expert shall draw up an assessment according to the information which may otherwise be provided. The expropriated in this case cannot object to the valuation mentioned in the expert opinion.
(4) The costs of drawing up the expert opinion shall be borne by the expropriator.
Obligations expropriated
(1) Reimbursement of the costs referred to in Article 10 (2) and their amount shall be subject to proof of the expropriated, including by means of an expert opinion made at his request.
(2) Paragraph 20 (4) applies mutatis mutandis.
Oral proceedings
(1) The oral hearing shall be ordered by the expropriation office to take place no later than 60 days after the date of dispatch of the notice of initiation. They shall inform the parties of the oral hearing at least 15 days before the hearing.
(2) Opposition against expropriation and evidence to prove it may be invoked at the latest at oral hearing. the objections and evidence subsequently applied shall not be taken into account. The parties must be informed of this consequence in the notice of the initiation of the expropriation procedure.
(3) The delay referred to in paragraph 2 cannot be waived.
Suspension and termination of proceedings
(1) The expropriation office shall suspend the expropriation procedure if another expropriation procedure is already taking place on the same land, construction or material burden, until the earlier proceedings have been finally completed.
(2) The expropriation office shall terminate the expropriation procedure if:
(a) a final decision has already been taken, in another expropriation procedure, to expropriate the same land, construction or burden in such a way as to exclude the proposed expropriation;
(b) an agreement has been reached during the procedure to acquire the land or construction rights necessary for the purpose of expropriation.
(3) A decision to stop an expropriation procedure issued pursuant to paragraph 2 (b) shall not be appealed.
(4) If the expropriation office stops the expropriation proceedings on the grounds of the withdrawal of the application, the expropriator shall be obliged to replace the expropriated damage and any other damage which he has suffered in connection with the submission of the application, unless the damage or other damage would have occurred otherwise.
(5) If the property registered in the property register is the subject of the expropriation, the expropriation office shall notify the termination of the expropriation proceedings to the cadastral office of the cancellation of the notice without delay after the decision to terminate the proceedings has become final.
Decision
(1) If it is not established in the proceedings that the conditions for expropriation are met, the expropriation office shall reject the request of the expropriator within 30 days of the oral hearing. If the property entered in the property register is the subject of the expropriation, the expropriation office shall notify the cadastral office of the rejection of the application for revocation immediately after the decision to reject the expropriation application has become final. Paragraph 23 (4) on the obligation of the expropriator to compensate the expropriated damage or any other damage arising to it in connection with the application shall apply mutatis mutandis.
(2) If the expropriation office concludes that the conditions for expropriation are fulfilled, it shall decide, within 30 days of the oral hearing, separate statements on the expropriation of the property or construction rights and the compensation for expropriation.
(3) Statements on the expropriation of rights to land or construction of expropriation office
(a) decide on:
1. the abolition or limitation of the right corresponding to the material burden on the land or construction concerned by the expropriation; or
2. the restriction of the property right to land or construction by establishing a burden in kind for the benefit of the expropriator and defining its content; or
3. Withdrawal of the right to property expropriated to land or construction and of its transfer to expropriators;
(b) decide whether this is required by the public interest which rights associated with the land, construction or part of the expropriation do not cease;
(c) determine the time limit within which the expropriator is obliged to initiate the execution of the expropriation; the period may not exceed 2 years from the legal authority of the decision.
(4) Remuneration statements for expropriation of the expropriation office
(a) fix the amount of the refund for the expropriated person and the person entitled to the burden in kind whose rights of expropriation cease to exist and require the expropriator to pay them the compensation within a period which may not exceed 60 days of the legal authority of the decision;
(b) if the agreement referred to in Article 11 is reached, it shall determine the land or construction which is transferred to the property of the expropriated person, or, where appropriate, shall decide to compensate for the difference in the price of the expropriated land or building and the replacement plot or construction in accordance with the valuation regulation effective at the time of expropriation, including a time limit for delivery of transactions which may not exceed 60 days from the legal authority of the decision;
(c) determine the amount of the compensation for the expropriated person which the expropriator is obliged to grant to the lien creditor, the lien creditor or the creditor entitled to the hedge transfer of the right to pay the claims secured, where an agreement has been submitted, otherwise he shall require the expropriator to deposit the compensation for the expropriation in the custody of the court (19);
(d) require the expropriator to make up for the costs incurred by him for drawing up the expert's report and specify a period which may not exceed 60 days from the legal authority of the decision.
(1) Decisions given pursuant to § 23 and 24 cannot be notified by oral notice.
(2) At the time of the appeal lodged and admissible against one of the statements referred to in Article 24 (3), the suspension shall also have effect on the other statements of the decision. The suspensive effect of such an appeal cannot be excluded. At the time of the appeal and admissible appeal brought against only one of the statements referred to in Paragraph 24 (4), it shall not have suspensory effect on the other statements of the decision.
(3) The expropriator shall pay a specified refund to the expropriated or, where appropriate, to third parties within 60 days of the legal authority of the expropriation statements; the refund may be lodged in court (19) if the creditor does not provide the expropriator with the necessary synergies.
(4) The appeal authority may not, in appeal proceedings, change the statement of refund to the detriment of the expropriated or third parties. If the refund is to be set at a higher level, the expropriator shall settle the difference no later than 30 days after the decision has been final.
(5) The expropriation decision shall be sent by the expropriation office to the competent cadastral office for registration, together with an indication of the rights in redeemed properties which have ceased to exist in the cadastral according to § 6.
(6) The time limit laid down in Article 24 (3) (c) may be extended by the expropriation office at the request of the expropriator before its expiry, only in cases of special consideration, for a maximum period of two years.
WITHDRAWAL OF THE TEXT
(1) Where the expropriator has not paid the expropriated refund for expropriation within 30 days of the date of expiry of the period determined pursuant to Article 24 (4) (a) or (b), or if the expropriator has not initiated the execution of the expropriation purpose within a period determined pursuant to Article 24 (3) (c) or extended under Article 25 (6), the expropriation office shall decide, at the request of the expropriated office, that the expropriation is to be cancelled before the expiry of that period, or that the decision on the intention or framework permit has expired under the construction law determining the use of the land or construction for that purpose.
(2) The rights which have been withdrawn or limited by the expropriated shall be re-acquired from the date of the legal power of the decision given pursuant to paragraph 1. However, the effects associated with the expropriation which occurred pursuant to Articles 6 and 7 (2) remain.
(3) The expropriated person shall, within 1 month of the legal power of the decision given pursuant to paragraph 1, repay to the expropriator the compensation he has paid pursuant to Paragraph 10 (1); pursuant to Paragraph 10 (2), an amount which has not been actually incurred by the expropriated person. Where a refund has been granted to the expropriated person pursuant to Paragraph 11, the date of the decision given pursuant to paragraph 1 shall be the date on which the other land or construction was granted back to the property of the expropriator.
If the expropriation has been abolished in accordance with the procedure laid down in Paragraph 26 (1), the expropriator shall be obliged to compensate for the expropriated damage and other damage which he has suffered in connection with the expropriation, unless the damage or other damage would otherwise have occurred.
PROCEEDINGS IN THE PROCEDURE BEFORE THE COURT
(1) The operative part referred to in Article 24 (3) may be examined in an action against a decision of an administrative authority. The opinion under Paragraph 24 (4) may be debated in civil proceedings (15); the jurisdiction at first instance shall be the regional court.
(2) An action which a party to the proceedings requires to be heard under Paragraph 24 (4) in civil proceedings (15) must be brought within 30 days of the decision of the expropriation office being given. This time limit cannot be waived. By cancelling the statement referred to in Article 24 (3), the opinion referred to in Article 24 (4) shall also cease to apply.
(3) When determining the amount of the refund, the Court of First Instance will take into account all circumstances in order to obtain a fair refund. In justified cases, it shall fix an amount higher taking into account the exceptional characteristics of the land or construction expropriated or, where appropriate, the exceptional circumstances of the case. In addition to the compensation provided for in Section 10, expropriation may be granted to the expropriated:
(a) an amount of up to 40% of the price determined pursuant to Articles 10 (1) (a) and 10 (4) and (5) for the reduction of the hardness of the expropriation, taking into account the length of ownership of the land or construction more than 15 years after acquisition for remuneration;
(b) an amount of up to 10% of the price determined in accordance with Article 10 (1) (a) and Article 10 (4) and (5) in the case of the location of the land or construction in the built-up area;
(c) an amount equal to a maximum of 10% of the price determined in accordance with Articles 10 (1) (a) and 10 (4) and (5) in the case of the location of the land or construction in the territory with a special architectural value or a special historical value, where applicable; or
(d) an amount of up to 20% of the price determined in accordance with Articles 10 (1) (a) and 10 (4) and (5) in the event of the importance of the land or construction for the business.
(4) An action brought against the operative part pursuant to Article 24 (3) (a) has suspensory effect.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
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Regulation Information
| Citation | Act No. 184 / 2006 Coll., on the withdrawal or restriction of property rights to land or construction (Expropriation Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.05.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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