Act No. 185 / 2016 Coll.
Act amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended, and other related laws
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Law
Effective from 01.08.2016
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185
THE LAW
of 24 May 2016
amending Act No. 503 / 2012 Coll., on the State Land Office and amending certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the State Land Authority Act
Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended by Act No. 256 / 2013 Coll., Act No. 280 / 2013 Coll., Legislative measure No. 340 / 2013 Coll., Legislative measure No. 344 / 2013 Coll. and Act No. 250 / 2014 Coll., are amended as follows:
1. In Article 1, paragraphs 5 and 6 are added:
"(5) The State Property Office shall exercise its powers under:
(a) this law;
(b) the law on property settlement with churches and religious societies;
(c) Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended,
(d) Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, as amended; and
(e) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.
(6) The State Property Office shall provide activities related to the updating and management of the national database of soil-protected organic units; the management of this database is provided by the Ministry. ';
2. In Article 2, the following paragraph 5 is inserted after paragraph 4:
"(5) The head office shall act as a first-instance body in an administrative procedure conducted pursuant to Article 3 (3) and (5). An appeal against his decision shall be decided by the Ministry. '.
Paragraph 5 shall become paragraph 6.
3. In the first sentence of Article 2 (6), the words "for the land adjustment procedure under Act No. 139 / 2002 Coll., on land modification and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, as amended," shall be replaced by the words "for the exercise of its competence."
4. In the second sentence of Paragraph 2 (6), the words "pursuant to Act No. 139 / 2002 Coll., as amended," shall be inserted after the words "Adjustments."
5.
(1) The State Property Office establishes and manages a reserve of state land (hereinafter referred to as the "reserve") which includes the land with which the State Property Office is competent to manage and which serves as an asset for:
(a) the exercise of the jurisdiction of the State Land Authority; and
(b) implementation of state-approved development programmes.
(2) The creation and maintenance of the necessary scope and composition of the reserve referred to in paragraph 1 are ensured by the State Property Office in particular by exchange and purchase. The total area of the part of the reserve referred to in paragraph 1 (a) shall not fall below 50 000 ha.
(3) If the land held in the reserve referred to in paragraph 1 (a) is necessary for the implementation of a government approved development programme of the State, the State Land Office shall transfer it by an ex officio decision to the reserve referred to in paragraph 1 (b) and shall, within 15 working days of the legal authority of that decision, submit to the relevant cadastral office a note on the inclusion of the transferred land in the reserve referred to in paragraph 1 (b).
(4) If the land held in the reserve referred to in paragraph 1 (b) is to be used to implement a development programme of a State approved by the Government, the State Property Office shall, on the basis of a final decision on the location of the building concerned by such land, or on the basis of a territorial consent or public contract, which may replace the decision on the location of the building under the Construction Act, transfer the ownership of the land or its necessary separate parts in the form of a parcel for the benefit of the Central Administrative Office for which the provision has been established, free of charge, and shall, within 15 working days, submit to the competent cadastral office, a proposal for a copy of the entry of the land in the reserve referred to in paragraph 1 (b).
(5) The State Property Office shall transfer the official parcel from the reserve referred to in paragraph 1 (b) to the reserve referred to in paragraph 1 (a) by an ex-officio decision and, within 15 days of the acquisition of the legal power of that decision, shall submit to the relevant cadastral office a proposal to delete the note on the inclusion of the transferred parcel or its separate part in the reserve referred to in paragraph 1 (b) if:
(a) has not been fully or partly used in the implementation of the relevant State-approved development programme;
(b) the purpose of its inclusion in the reserve referred to in paragraph 1 (b) has ceased; or
(c) a final decision on the location of the building has been given or a territorial agreement has been given or a public contract has been concluded to replace the decision on the location of the building under the construction law, which clearly shows that the land from the reserve referred to in paragraph 1 (b) will not be affected by the development programme. "
footnote 3 is deleted.
6. The following Section 3a is inserted after Section 3:
(1) The State Land Authority uses the data to exercise its competence
(a) from the population base register;
(b) from the agent information system of the population register; and
(c) from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) the name and, where appropriate, the name and surname;
(b) the date and place of birth, with the data subject who was born abroad, the date, place and state where he was born;
(c) the date and place of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date on which the decision is referred to as the day of death or the day on which it was declared dead, and the date on which the decision was acquired;
(d) the address of the place of stay; and
(e) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) the birth number, if assigned,
(d) the address of the place of permanent residence; and
(e) citizenship and, where appropriate, multiple citizenship.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and, where appropriate, the name and surname;
(b) the date and place of birth;
(c) citizenship and, where appropriate, multiple citizenship;
(d) the type and address of the place of stay; and
(e) the beginning of the stay or, where appropriate, the date of termination of the stay.
(5) Data which are referred to as reference data in the population base register shall be used from the population registration agenda information system or from the alien agency information system only if they are in the form preceding the current situation.
(6) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. ';
7. Paragraph 4 (3) reads as follows:
"(3) The State Property Office may leave immovable property with which it is competent to manage, use or consume to other persons. If there is a real estate case pursuant to § 1 of Act No. 229 / 1991 Coll., as amended, § 27 of Act No. 219 / 2000 Coll., as amended, shall not apply. '
8. in § 6 (1) (b), the words "§ 3 (4)" shall be inserted after the words "after."
9. in Article 6 (1) (g), the words "defined by other legislation13), with the exception of the use referred to in Article 3 (3)" shall be replaced by the words "referred to in Article 3 (1) (b), with the exception of the use referred to in Article 3 (4)."
footnote 13 is deleted.
10. in Article 6, paragraphs 3 and 4 are deleted;
Paragraph 5 shall become paragraph 3.
(11) footnote 14 shall be deleted, including the footnote references.
12. in Article 7 (1) (a), (b) and (c), the words "or building for housing" shall be deleted;
13. in Article 7 (1) (e):
'( e) in the built-up territory (8) or in the built-up area (8) designated by the territorial plan or regulatory plan for the implementation of public green or for the implementation of public utility measures, or already used for these purposes, ';
14. in Article 7 (3) (e):
'( e) in the built-in territory (8) or in the built-in area (8) designated by the territorial plan or regulatory plan for the implementation of public green or for the implementation of public utility measures, or already used for these purposes. ';
15. In footnote 18, the second sentence is replaced by "Decree No. 441 / 2013 Coll., for the implementation of the law on the valuation of assets (Valuation Order), as amended by Decree No. 199 / 2014 Coll. '.
16. in Paragraph 8 (1), the word "green" shall be replaced by the words "public green" or to implement public-interest measures. "
17. in the first sentence of Article 8 (2), the words "the municipality or the region shall" shall be replaced by the words "the region shall" and the words "90 days" shall be replaced by "6 months."
18. In the second sentence of Paragraph 8 (2), the words "the municipality or the region is obliged 'are replaced by the words" the county is obliged'.
19. in Article 8 (3), the word "public" shall be inserted after the word "not for implementation."
20. In Section 8, the following paragraph 4 is added:
"(4) In the event of the cancellation of a school or school establishment established by the county, the county shall, as a priority, offer to the State Land Office real estate items which have been transferred free of charge to the municipality or region by the Land Fund of the Czech Republic under another legislature36) for the purpose of their need for the activities of the school or educational establishment set up by that county and entered in the register of schools and educational establishments under another legislature37).
36) Paragraph 2 (6) of Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended.
37) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. '
21.
Transfer of agricultural land at the request of the municipality, county, its authorised user or the owner of the building situated on the site
(1) The State Land Office shall, at the request of the municipality in writing, transfer the agricultural parcel or its separate part in the form of a parcel situated in its cadastral territory in a built-up area or in a built-up area which is designated by a final decision on the location of the building to be built for the benefit of the municipality.
(2) The State Land Office shall, at the written request of the Region, transfer the agricultural parcel or its necessary separate part in the form of a parcel in a built-up area or in a built-up area intended for development projects for industrial use approved by the Government, provided that such transfer does not impede the rights of third parties and that the municipality has not requested the transfer of the land.
(3) Upon written request, the State Property Office shall transfer to the owner or, where appropriate, to the co-owner of the real estate construction,
(a) the agricultural parcel on which the construction is located, where the owner or, where appropriate, the co-owner of the construction is a beneficiary of the land; and
(b) an agricultural parcel or a separate part thereof, in the form of a parcel adjacent to the land on which it is situated, if the parcel is functionally linked to the construction, and the owner or co-owner of the construction is its authorised user.
(4) At the same time as the agricultural parcel referred to in paragraph 3, the State Property Office may transfer another agricultural parcel or part thereof in the form of a parcel to the owner or co-owner of the building, provided that they are functionally linked to the construction and that the owner or, where appropriate, the co-owner of the building is a legitimate user of that parcel.
(5) Upon written request, the State Property Office shall transfer to the owner or, where appropriate, to the co-owner of the land, the construction of which was a separate real estate by 31 December 2013, adjacent to the agricultural parcel which is functionally linked to the construction and the applicant is its authorised user, or a separate part of such land in the form of a parcel. At the same time, it may transfer another agricultural parcel which is functionally linked to the construction and the applicant is its authorised user or a separate part of that parcel in the form of a parcel to that owner or co-owner. '
22. The following Sections 10a to 10c are inserted after Section 10, including the headings:
Transfer of agricultural land at the request of the permanent farmer
(1) A person who, with the prior agreement of the Land Fund of the Czech Republic or the State Land Office, has established a state-owned agricultural parcel under the jurisdiction of the State Land Office, permanent crops or for the establishment of the Land Fund, has been authorised before the date of entry into force of this Act and uses the land with permanent crops on the basis of a lease agreement concluded with the Land Fund of the Czech Republic or with the State Land Office for a fixed period of not less than 5 years, has the right to pre-purchase for that agricultural parcel for the duration of the lease. The right to pre-purchase shall also be established by the lessee, who shall prove that he is the legal successor of the permanent farmer.
(2) At the written request of the person referred to in paragraph 1, the State Property Office shall transfer the land with permanent crops to its possession if the application is received before making an offer for the use of the right to buy.
(3) In the case of the transfer of land referred to in paragraph 1 or 2, the purchase price of the land shall be the price established under the price regulation (18), without valuation of the parts and accessories of the land which the lessee or his legal predecessor has set up at his expense, with the agreement of the State Land Office or the Land Fund of the Czech Republic, or on the basis of a final territorial decision. At the end of the lease, that person may not claim compensation for the parts and accessories of the transferred land.
Transfer of agricultural parcels in garden and cottage settlements
(1) On the basis of a written request from an authorised owner of a parcel in garden or cottage settlements established on the basis of a zoning decision or existing before 1 October 1976 or established on the basis of a zoning decision, the State Property Office shall transfer the land to or co-ownership of that person. All parts and accessories of the land shall be transferred free of charge to the property owned by the transferee.
(2) The user of the land in garden or cottage settlements shall be entitled to submit the application referred to in paragraph 1 by 31 December 2018 at the latest.
Transfer of agricultural parcels in parallel
If the persons referred to in § 10 (1) to (5), § 10a or § 10b request the transfer of the agricultural parcel at the same time, the applicant referred to in § 10 (3) and (4), the applicant referred to in § 10 (5), the applicant referred to in § 10a and finally the municipality or region shall be satisfied. '
23. Article 11 shall be deleted, including the title.
24. in Paragraph 12 (1):
"(1) The State Land Office may transfer the agricultural parcel with which it is responsible on the basis of a public offer. '
footnote 22 is deleted.
25. in Article 12 (2), the words "and on its website" shall be deleted;
26. footnote 24 reads as follows:
"24) § 6 of Decree No. 441 / 2013 Coll., implementing the law on the valuation of assets (Valuation Order). '.
27. In the first sentence of Article 12 (3), "at average price 'is replaced by" at average price'.
28. In Paragraph 12 (3), the first sentence is added at the end of the text "; the price of the land components and accessories determined in accordance with the Property Valuation Act (18) shall be added to the price thus determined."
29. in Article 12 (4), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
30. Paragraph 12 (5) reads:
"(5) If, within the time limit for the submission of applications, a person listed in Section 10 requests the transfer of an agricultural parcel, the public tender shall be cancelled in the relevant part and the State Land Office shall proceed in accordance with Section 10; if they do not request the transfer of an agricultural parcel within the time limit for the submission of applications, their right to transfer of the agricultural parcel shall cease to exist in accordance with Section 10. ';
31. In Article 12, the following paragraph 6 is inserted after paragraph 5:
"(6) Where, within the time limit for the submission of applications, the person referred to in paragraph 4 who has leased the land from the State Land Office on the date of the publication of the public tender has requested the transfer of the agricultural parcel in a public tender for a continuous period of 36 months, the State Property Office shall confirm in writing to that person, without undue delay, that the land will be transferred to him for the declared purchase price on the basis of a purchase contract, the text of which was published in accordance with paragraph 2 and which the lessee must close within the period, form and manner referred to in Article 16 (3). In the event that the lessee fails to conclude the purchase contract within the prescribed period, the State Property Office shall proceed further in accordance with paragraph 7. ';
Paragraphs 6 to 13 shall become paragraphs 7 to 14.
32. In the first sentence of Article 12 (9), "paragraph 6 'is replaced by" paragraph 7'.
33.Paragraph 12 (10) and (11) are deleted.
Paragraphs 12 to 14 shall be renumbered paragraphs 10 to 12.
34. in Paragraph 12 (10):
"(10) A person who exercises the right to transfer an agricultural parcel referred to in paragraph 6 may, in this way, acquire an agricultural parcel or land up to a maximum of 70% of the area of agricultural parcels offered for transfer for which at the date of publication of the public tender he fulfils the conditions laid down in paragraph 6. Where that person fulfils the conditions laid down in paragraph 6 for only one agricultural parcel, that restriction shall not apply. ';
35. in Paragraph 12 (11), first and second sentences, "paragraph 5 (c)" is replaced by "paragraph 6."
36. in Article 12 (12), "paragraph 6" is replaced by "paragraph 7."
37. in Article 12, the following paragraph 13 is added:
"(13) The public tender referred to in paragraph 2 shall not be repeated.";
38. Paragraph 13, including the title and footnote 26, reads as follows:
Sale of real estate in the tender for the most appropriate offer
(1) The State Land Office may sell the agricultural parcels with which it is responsible and which have not been transferred in accordance with the procedure referred to in § 12 to the most appropriate bidders; the decisive criterion is the amount of the purchase price offered.
(2) The State Property Office may sell buildings or their sets of buildings which are immovable property on the land of another owner with whom it is responsible in a tender for the most appropriate tender; the decisive criterion is the amount of the purchase price offered. This procedure can be applied to a construction where the owner of the land did not apply the pre-purchasing right (26).
(3) In the cases referred to in paragraph 2, the provisions of paragraphs 14, 15 shall apply mutatis mutandis to the sale, if applicable, of provisions relating to lien and Article 16.
(4) The State Property Office shall publish on its official record a notice of the envisaged tender of the most appropriate offer, indicating the details of the real estate offered and the price normally determined. The State Property Office may cancel or amend the tender for the most appropriate tender until the contract of sale has been concluded. The notice shall be published on its official record.
(5) If a person who has been notified of acceptance of an application for a purchase contract fails to comply with the conditions laid down in Paragraph 16 (3), the State Land Authority shall notify the acceptance of the application to another person in order.
(6) If the published price of the usual real estate sold reaches at least CZK 20,000, the State Property Office for participation in the tender provides for the most appropriate deposit offer of 5% of this price. In the event of the conclusion of a purchase contract, the bond paid for the purchase price shall be credited to the person entitled to the purchase contract. If the person who had the right to conclude a purchase contract did not use that right within the period referred to in Paragraph 16 (3), the bond paid shall be forfeited to the State. In the event of termination of a tender by concluding a purchase contract or cancelling a tender, the State Land Authority shall return the bail paid to all other tenderers no later than 10 days after the date of conclusion of the purchase contract or cancellation of the tender.
26) § 2140 et seq. of Act No. 89 / 2012 Coll., Civil Code. '.
39. in Paragraph 14 (1), "land" is replaced by "real estate."
40. In the fourth sentence of Article 14 (3), the words "undertaking, including land," shall be replaced by the words "business establishment," or "husband" shall be replaced by the words "husband or partner under the law governing a registered partnership (hereinafter referred to as" partner ")," and the words "company or cooperative of which he is a partner or member," shall be replaced by the words "business corporation of which he is a partner or member."
41. In the fifth sentence of Article 14 (3), the words "is a company or cooperative of which it is a member or a member and which" is replaced by "is a partner or a commercial corporation of which it is a partner or member and which."
42. In Article 14 (4), the word "at least 'shall be inserted after the word" amount'.
43.Paragraph 14 (5) reads as follows:
"(5) In order to pay the purchase price under this Act, Act No. 229 / 1991 Coll., as amended, and Act No. 44 / 1988 Coll., as amended, the State Property Office shall include all claims for cash compensation which the Buyer has pursuant to Act No. 229 / 1991 Coll., as amended, and Act No. 243 / 1992 Coll., as amended, against a State whose satisfaction is the responsibility of the State Land Office and which it considers undisputed. The State Property Office may count on the payment of the purchase price and other claims against the State in respect of which it is competent to perform. Such claims, the amount of which is contested, may only be counted as such at the level which the State Property Office considers to be established. '
44. In the second sentence of Article 15 (2), the word "acquirer 'is replaced by" owner of the land', the words "acquired 'are replaced by" purchased' and the word "acquired 'is deleted.
45. In Paragraph 15 (2), the following sentence is inserted after the third sentence: "The owner of the land cannot withdraw the offer made for the use of the right to buy until the time of acceptance or non-acceptance by the State Land Office. The owner of the land shall be obliged to conclude a purchase contract for the land for which the pre-purchase right of the State has been used within 45 days of the use of the pre-purchase right. '
46. in the last sentence of Paragraph 15 (2), the words "Paragraph 10 (1) and (4) and, in the case of transfers to beneficiaries under Sections 11, 12 and 13," shall be replaced by "Sections 7, 10 (1), (3) to (5) and 10a";
47. in Paragraph 15 (4), the words "propose registration to the cadastral office" shall be replaced by "submit a deposit application to the cadastral office."
48. in Paragraph 15 (7):
"(7) The right to buy-in by the State following an offer made pursuant to paragraph 2 shall not apply if the transfer takes place:
(a) a commercial establishment by an agricultural entrepreneur related to a number of direct, siblings, spouse or partner; or
(b) land to a commercial corporation of which the owner of the transferred land is a member or member and which operates on that land. ';
49. In Article 15, the following paragraph 8 is added:
"(8) Until the period of 5 years laid down in paragraph 2, the new acquirer shall also be counted against the time elapsed from the date of the transfer of ownership of the land to the cadastral for the benefit of the original acquirer. ';
50. In Article 16, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) has paid the cost of valuing this agricultural parcel."
51. in Paragraph 16 (2), the second sentence is deleted;
52. in Article 16 (3), the words "other legislation30)" are replaced by the words "civil law30)."
Footnote 30 reads:
"30) § 2079 et seq. and § 2184 et seq. of Act No. 89 / 2012 Coll., Civil Code. '.
53. In Article 16, the following paragraph 5 is added:
"(5) The person to whose ownership the agricultural parcel is to be transferred pursuant to § 10 to 13 shall be required to pay to the State Land Office the costs of the valuation of the land within 30 days of the date of receipt of the call for payment, even if the purchase contract is not concluded on the part of that person."
54. In Article 17 (2), the words "If the acquirer of a land with permanent crops or fences" shall be replaced by the words "If the land with permanent crops or fences and the acquirer is moved under Article 12."
55. in Article 19 (1), "1%" is replaced by "2,2%";
56. Paragraph 21 (1) reads:
"(1) For the purposes of this Act, the lessee is also the lessee, the lessee is also the lessee, the lessee is the undertaker, and the lessee is the lessee. '
57. in Article 21, paragraphs 2 and 3 are deleted;
Paragraph 4 shall become paragraph 2.
Transitional provisions
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Regulation Information
| Citation | Act No. 185 / 2016 Coll., amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2016 |
|---|---|
| Effective from | 01.08.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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