Decree No. 192 / 1949 Coll.
Regulation implementing certain provisions of the New Land Reform Act
Valid
Effective from 25.07.1949
192.
Government Regulation
of 12 July 1949
implementing certain provisions of the New Land Reform Act
The Government of the Czechoslovak Republic hereby orders pursuant to § 6, § 2 and § 9, § 2 of the Act of 21 March 1948, No 46 Coll., on a new land reform (permanent modification of ownership of agricultural and forestry land):
Selecting the land and determining its average value (Bonity).
Execution of selection.
(1) The owner of the land subject to redemption pursuant to § 1, paragraph 2 of Act No. 46 / 1948 Coll. (hereinafter referred to as the "Act") is entitled to choose 50 hectares of land at his choice, either agricultural or forest, or both, but always the average value (bonites) of the relevant type of land (§ 6, paragraph 1 of the Act).
(2) The owner to whom land is to be left in accordance with § 1, paragraph 3 of the Act or land in an area of up to 2 ha pursuant to § 1, paragraph 4, point (f) of the Act or 4 ha pursuant to § 1, paragraph 5 of the Act is free to choose the land in the relevant area.
(1) The area to be retained by the owner at his request or by law shall also be included in the area of land marked in Section 1, if the owner requests its retention.
(2) If built-up areas, courtyard and private roads serve in the cases referred to in § 1 (1) of agricultural production and are not necessary for proper land management left to the owner, the State shall redeem them. Parts of the built-up areas and courtysexceeding the owner's needs will only be redeemed if they are technically and economically separated. The various types of buildings (dwellings, stables, barns, etc.) are considered separately.
(3) In the cases referred to in Paragraph 1 (2), the owner shall, at his request, keep the entire area built up, provided that it does not exceed the area laid down, provided that the public interest is not thereby jeopardised and that appropriate use of the land purchased is also ensured.
In the selection of the land retained by the owner (§ 1), care shall always be taken to ensure that the owner is left to the extent possible by a coherent economic unit and that the public interest (e.g. the coupage of the land) and the efficient use of the land purchased are not jeopardised. If there is no agreement on land selection, account should also be taken of the fact that in agricultural land left to the owner pursuant to § 1 (1), paragraph 1, the different types of training may be represented in the same proportion as before the land purchase and that the average distance of land from the farm buildings may not change as far as possible. The Ministry of Agriculture shall determine the details of the survey of the average distance of land in the Official Journal.
The choice of land left to the owner pursuant to § 1 (2) of the Act is so that its average value (bonita) does not deviate by more than 10% from its current value (bonita).
Determination of average value.
The value (bonita) of agricultural land is assessed according to its cadastral yield of 1 ha. The average value (bonita) of a set of agricultural parcels shall be assessed on the basis of their average cadastral yield, which shall be determined by dividing the total of the cadastral yield of all parcels by their total area.
The value (bonita) of the forest shall be determined by reference prices (§ 15) for the purposes set out in § 1, paragraph 1. The average value (bonita) of the forest is calculated by dividing its aggregate guide price by its total area.
Determination of refund
General provisions.
(1) A distinction shall be made between:
(a) agricultural land without buildings;
(b) forest (forest land and forest areas) without buildings;
(c) buildings,
(d) investments (including meliorations) and plant for the cultivation of special crops;
(e) fruit trees and vine crops;
(f) isolated or wild-growing trees;
(g) costs of new crops;
(h) rights constituting separate assets (§ 13 (2)).
(2) Compensation for agricultural land and forest [paragraphs 1 (a) and (b)] and for buildings is equal to the average general price for the last 10 years before the purchase or the general price at the time of the purchase, if this is lower but always at 20%. For the assets referred to in paragraph 1 (d), (e), (f) and (h), a refund calculated in accordance with other provisions shall be granted, and 20% shall also be deducted from the figures established. However, workers, traders and public and private workers are entitled to compensation without any reduction, provided that the area of the redeemed land does not exceed 10 ha and is not speculative (§ 1, paragraph 3, fifth sentence).
(3) The cost of the new crop is always replaced without any reduction.
(1) The compensation is determined by the district national committee in whose district the land purchased is situated, for the cooperation between the local farmers' committee and the local association of the competent Union of farmers. The District National Committee shall initiate the refund procedure as soon as the redemption decision (Section 10 of the Act) has become final. Reimbursement proceedings shall be carried out with the owner and, if the owner does not manage the land in person, also after hearing the persons on the land.
(2) Where the redeemed land forming a whole of the economy is situated in the perimeter of several counties, the proceedings referred to in paragraph 1 shall be carried out by the district national committee in whose district the establishment is situated.
(1) In the refund procedure, the district national committee shall first attempt to agree with the owner on the level of the compensation, taking into account in particular the cadastral area, the way in which the education is carried out, the quality class and the cadastral yield, in the case of forests, in addition, the representation of timber, their average age, their linkage and their affinity. The agreed compensation may not exceed the amount specified in Paragraph 9 (1) of the Law.
(2) If the agreement referred to in paragraph 1 is not reached, the district national committee shall estimate the land purchased.
(3) Reimbursement of purchased real estate shall be determined separately by reference to the library inserts, except where the library creditors and beneficiaries are satisfied with the refund or where the transferred real estate is not encumbered by the library claims.
(4) The state of the property purchased is always checked on the spot. A record shall be drawn up of the outcome of the investigation describing the property purchased, taking into account any circumstances affecting its value.
(1) The District National Committee shall report on the designated replacement of the owner of the property purchased.
(2) The copies of the effective compensation agreements and decisions on the refund (§ 9) will be sent by the district national committee to the relevant regional national committee and to the National Land Fund at the Ministry of Agriculture, Slovakia responsible for agriculture and land reform.
Principles of estimation.
(1) The estimated average general price of the agricultural land and forest purchased (§ 7 (1) (a) and (b)), as well as the buildings in the last 10 years prior to the purchase, is determined separately. Fruit trees and vine crops shall be valued separately; individual or wild-growing groups of trees on agricultural land are valued by two thirds of the price of raw wood according to price regulations at the time of purchase.
(2) Agricultural land means all land purchased, except in the forest.
(1) Investments (including meliorations) and equipment used for the cultivation of special crops (barbecues in hops, vineyard facilities, artificial irrigation facilities, etc.), the benefit of which is lasting or likely to occur at the time of the purchase, shall be valued at the cost of building or acquisition at the level of 1939, taking into account their effectiveness; for investments and installations purchased after 31 December 1939, these prices are increased in a manner to be determined (Paragraph 19) for the valuation of buildings built after that date. The relevant depreciation shall be deducted from the prices thus established by reference to the number of years. Investments, meliorations and other facilities shall be valued only if the owner of the purchased land has applied and proved them in the proceedings.
(2) Normal maintenance costs are not considered investments.
(1) The costs of the new crop shall be determined on the basis of official prices and, if not, on the basis of the general prices on the date of receipt of the property purchased.
(2) Separate property rights associated with ownership of the land purchased (e.g. fishing rights, shares in common pastures or other common goods) shall be valued on the basis of the average net annual yield over the 10 years prior to the purchase, capitalised by three percent.
Paragraph 11 to 13 shall apply mutatis mutandis to the reimbursement of shares in agricultural or forestry cooperatives, whereby the value of the total assets of the cooperative shall be determined and the proportion shall be proportional to the share purchased.
Average general price.
In order to determine the average general price of agricultural land, forests and buildings (Section 11 (1)), guide prices shall be taken as a basis; the table of guide prices shall be published by the Ministry of Agriculture by a decree in the Official Journal.
(1) As a rule, the guide price shall be considered as the average general price of agricultural and forest land in the 10 years preceding the purchase.
(2) If the ratios of the assets valued differ substantially from those deemed to be regular, and the special ratios have not already been taken into account when adjusting the guide price, the average general price for the last 10 years prior to the purchase shall be determined by an amount relatively higher or lower, where the deviation from the guide price must not be more than 10%.
The buildings shall be valued on the basis of a table of indicative prices by type and built-up area, taking into account the effectiveness and execution of the construction, the cost of acquisition in each area and their current status and age. The effectiveness of the buildings shall be assessed by the size of the plant at the time of the purchase.
Implementation of the estimate and calculation of average general prices.
The Ministry of Agriculture shall determine the details of the estimation and calculation of the average general prices by means of a decree in the Official Journal.
The general price of agricultural, forest and buildings land at the time of redemption.
(1) The general price of agricultural land and buildings at the time of purchase is determined on the basis of the sales prices of the same type of real estate at the usual place. The valuation shall be justified by similar cases found in the collection of the land register documents. Paragraphs 16, 2 and 17 shall apply mutatis mutandis. If the general price cannot be determined in this way at the time of the purchase, this price shall be examined in a manner determined by the Ministry of Agriculture by a decree in the Official Journal.
(2) The general price of the forest at the time of the purchase shall be examined in a manner to be determined by the Ministry of Agriculture by a decree in the Official Journal.
Paying compensation.
Payment of the refund shall be subject to specific rules.
Final provision.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Agriculture in agreement with the participating members of the Government.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Decree No. 192 / 1949 Coll., implementing certain provisions of the Act on New Land Reform |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.1949 |
|---|---|
| Effective from | 25.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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