Full text of Act No. 195 / 1993 Coll.
Law on the treatment of property relations with land and other agricultural property (full text as resulting from subsequent amendments and additions)
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195
_
Announces
full text of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as follows from amendments and additions made by Act No. 42 / 1992 Coll., Act No. 93 / 1992 Coll., Act No. 39 / 1993 Coll. and Act No. 183 / 1993 Coll.
THE LAW
on the treatment of property relations with land and other agricultural assets
Federal Assembly of the Czech and Slovak Federal Republic in an effort
mitigate the consequences of certain property injustices against owners of agricultural and forestry assets between 1948 and 1989,
to improve the management of agricultural and forestry land by restoring the original ownership of land; and
the adaptation of land ownership relations in accordance with the interests of rural economic development as well as in accordance with the requirements for landscape and environmental creation has been decided on by the following Act:
Scope of the law
(1) The law applies to:
(a) land constituting or belonging to the agricultural land fund (1) and, to the extent provided for by this law, to the land constituting the forest land fund (2) (hereinafter referred to as "land");
(b) residential buildings, farm buildings and other buildings belonging to the original farm estate, including built-up land;
(c) residential and economic buildings and buildings serving agricultural and forestry production or associated water management, including built-up land;
(d) other agricultural assets referred to in Section 20.
(2) The Act regulates the rights and obligations of owners, original owners, users and landowners, as well as the jurisdiction of the State in the treatment of property ownership and use rights.
(3) Save as otherwise provided in this law, legal relations with the property referred to in paragraph 1 shall be governed by the law.
Basic provisions
(1) In addition to the owner, they shall have the right to use the land of other persons only under a contract concluded with the owner or under a contract concluded with the Land Fund, unless otherwise provided by law.
(2) The owner of the land is the owner of the crops on it; This shall be without prejudice to the ownership of agricultural cooperatives on the land of their members under the rules on agricultural cooperatives. (3) In the case of land under contract for use, the owner of non-permanent crops shall be the user, unless otherwise agreed with the owner.
The land cannot be transferred to the property of foreign exchange aliens .4)
Authorised persons
(1) The beneficiary is a citizen of the Czech and Slovak Federal Republic who is resident on its territory and whose land, buildings and buildings belonging to the original agricultural estate have been transferred to the State or to other legal persons during the period 25 February 1948 to 1 January 1990 in the manner referred to in Article 6 (1).
(2) If a person whose real estate has been transferred from 25 February 1948 to 1 January 1990 to the State or other legal persons in the cases referred to in Paragraph 6 has died before the expiry of the period referred to in Paragraph 13, or has been declared dead before the expiry of that period, they are eligible persons if they are nationals of the Czech and Slovak Federal Republic and have permanent residence in their territory, natural persons in the following order:
(a) the heirs of the will which was presented in the course of an inheritance proceedings which has acquired the whole inheritance;
(b) heirs of a will which has acquired ownership, but only to the extent appropriate to their inheritance; This does not apply if the heirs, according to the will, have only been given individual matters or rights; where the heir to the wills has been established only for a particular part of the property subject to the obligation of extradition, he is entitled only to that part of the property,
(c) children and the spouse of the person referred to in paragraph 1, all equally; if the child has died before the expiry of the period referred to in Paragraph 13, his children shall be the entitled persons and, if any of them has died, his children,
(d) the parents of the person referred to in paragraph 1;
(e) the siblings of the person referred to in paragraph 1, and if any of them have died, his children and his husband shall be entitled in his place.
(3) In the cases referred to in Paragraph 6 (1) (j), the persons referred to therein are authorised; the provisions of paragraph 2 (c) to (e) shall apply mutatis mutandis.
(4) In the event of the death of the beneficiary who has claimed the right to issue the property before the decision pursuant to Paragraph 9 has been taken, the right to the heir shall pass.
(1) In the enforcement of the claim, the authorities concerned and the legal persons to whom the right of ownership or use has been transferred shall be obliged to provide assistance to the person claiming to be an authorised person, in particular by providing it with extracts of evidence and copies of documents, as well as other means which may help clarify the case.
(2) Where the person referred to in paragraph 1 cannot clearly prove his claim by an extract from the register, the Land Office shall register him as an alleged beneficiary.
(3) At the request of an alleged beneficiary, the Land Authority may, by its decision, recognise entitlement to land, crops and other property of that person if the deemed beneficiary:
(a) submit a decision on the succession or contract evidencing ownership rights, proof of a contract or proof of another legal act involving the acquisition of ownership by that person or by his legal predecessor, provided that the transfer has not been legally effective solely because of a lack of registration in the land register or property register;
(b) it proves that the use of the property between the joint owners or the land exchange has actually been split and the transfer has not taken place only because the prescribed official procedure has not been maintained;
(c) it proves that it itself or its legal predecessor had land, crops or other property held and cannot produce a proof of ownership because either the registration procedure had not been carried out or that the land or land operators had been lost or damaged or destroyed.
(4) The entitlement referred to in paragraph 3 may be recognised if the claim has not been exercised by another beneficiary who has previously ceased to be a party to the proceedings and the alleged beneficiary demonstrates a claim to the land, to the crops or other property by the last document of ownership of his or his direct predecessor and complements that fact by a solemn declaration that he is the owner or co-owner of such land, crops or other property and that he assumes all the legal consequences of giving false information.
(5) If the Land Office does not recognise a claim under paragraph 3, it shall refer the alleged beneficiary to the court. The proceedings concerning that claim and whether the alleged beneficiary is an authorised person shall be brought together by the court.
Compulsory persons
(1) Obligations are the State or legal persons holding the property at the date of application of this law, except:
(a) undertakings having foreign shareholdings and commercial companies whose members or participants are exclusively natural persons. This exception does not apply if the cases acquired from legal persons after 1 October 1990 are:
(b) foreign states.
(2) The person holding the property referred to in paragraph 1 shall mean:
(a) a legal person who, on the date of application of this Act, had the right of economy or the right of permanent use to property owned by the Czech and Slovak Federal Republic, the Czech Republic or the Slovak Republic;
(b) for other immovable property, their owner.
(3) The obliged person is obliged to treat the property until it is issued to the entitled person with the care of a proper operator; from the date of application of this law, he cannot transfer the property, its components and accessories to the property of another person. Such legal acts shall be void. The right to compensation caused by the person liable for the breach of those obligations remains unaffected by the provisions of Paragraph 28.
Issue of real estate
(1
(a) a statement on the forfeiture of property, the confiscation of a case or the prevention of a case in criminal proceedings or, where appropriate, in administrative proceedings in accordance with previous rules, where the operative part has been annulled in accordance with specific provisions, 5)
(b) withdrawal without refund in accordance with the procedure of Act No. 142 / 1947 Coll., on the revision of the first land reform, or under Act No. 46 / 1948 Coll., on the New Land Reform,
(c) the procedure under Section 453a of the Civil Code or under Section 287a of Act No. 87 / 1950 Coll., on Criminal Procedure of the Court (Criminal Code), as amended by Act No. 67 / 1952 Coll.,
(d) withdrawal without refund in accordance with the procedure laid down in the Act SNR No. 81 / 1949 Coll. SNR, on the regulation of the legal ratios of pasturage assets of former urbarians, composesorates and similar legal services,
(e) withdrawal without refund in accordance with the procedure laid down in the Act of SNR No. 2 / 1958 Coll. SNR, on the modification of the conditions and management of the forests of former urbarians, composesorates and similar departments used together;
(f) declarations and contracts for the transfer of eviction claims (so-called "renunciation declaration"),
(g) that a citizen residing abroad has left the property in the territory of the Republic or whose property has been transferred to the State pursuant to Act No. 183 / 1950 Coll., on the property left in the territory of the Czechoslovak Republic by persons who opted for the Union of Soviet Socialist Republics and moved to its territory;
(h) property donation contracts concluded by a donor in distress;
(i) the auction procedure for the recovery of the State's claim;
(j) a judicial decision which has been declared invalid by a contract of transfer of property which, before going abroad, the citizen has transferred to another party, where the ground of invalidity of the leaving of the Republic or, where appropriate, the recognition of such a contract by the participants has been invalidated; in that case, the beneficiary is the acquirer under that contract, even if the contract has not become effective;
(k) purchase contracts concluded in distress under clearly unfavourable conditions;
(l) refusal of the inheritance in an inheritance proceedings made in distress;
(m) expropriation for compensation where the property exists and does not serve the purpose for which it was expropriated,
(n) expropriation without payment of the refund;
(o) nationalisation or national5a) carried out in contravention of the legislation in force at the time or without payment of the refund;
(p) the takeover of the property without legal justification;
(r) political persection6) or a procedure in breach of generally recognised human rights and freedoms, 7)
(s) surrender to the property of the cooperative in accordance with special regulations, 8)
(t) the commandment to use a legal person under Act No. 55 / 1947 Coll., on assisting peasants in the implementation of an agricultural production plan, or Government Regulation No. 50 / 1955 Coll., on certain measures to ensure agricultural production,
(u) transfers of co-used singular forests and forest cooperatives to the territory of the Czech Republic where the members of the cooperative were exclusively natural persons.
(2) Similarly, where natural persons are entitled to the exclusion of agricultural property from confiscation under special rules, the procedure shall be followed. 9) 9) For the purposes of this Act, nationals of the Czech and Slovak Federal Republic who are resident in the territory of the Czech and Slovak Federal Republic and who have been confiscated agricultural property and have not been convicted under special regulations should be regarded as entitled to the exclusion of agricultural property from confiscation under special regulations. 9a) If this property has already been allocated in the framework of land reform regulations before the relevant period, the entitlement of these beneficiaries under Paragraph 12 shall be settled.
(3) The authorised person shall pay the State, after the property has been issued, the outstanding allocation price at which he originally obtained it; it shall be liable, mutatis mutandis, to pay back the purchase price or compensation paid to it by the State or another legal person when transferring the property. The time limit for payment shall be determined by the Land Office. The amount of the non-payment of the allocation price shall be communicated by the district office.
(4) Where they were linked to real estate on the date on which the State took over the claim of the money institutions secured by the State on the property and settled under the special rules, the beneficiary shall pay the amount that the State has settled in such a way.
(5) If the property has been transferred to the municipality, the beneficiary has the right under this law to the municipality.
(6) If the property is issued by a person other than the State, the person concerned shall be entitled to a refund of the purchase price paid when the property was purchased. This entitlement must be exercised with the competent authority of the State Administration of the Republic.
(1) The mitigation of certain other property injustices resulting from the validity or special application of certain laws or for other reasons only within the territory of the Czech Republic or the Slovak Republic shall be regulated by the Czech National Council or the Slovak National Council by a special law.
(2) The Czech National Council is hereby authorised to amend by law the restitution of the property of Czechoslovak citizens resident in the territory of the Czech Republic who have lost their property under the Decrees of the President of the Republic No. 12 / 1945 Coll., on the confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as on the traitors and enemies of the Czech and Slovak peoples, or No. 108 / 1945 Coll., on the confiscation of hostile property and National Recovery Funds, did not commit themselves against the Czech and Hungarian citizenship of the Czechoslovak State and, by virtue of the Act No. 245 / 1948 Coll.
(1) At the request of an authorised person, the court shall decide that the property is transferred to a property owned by a natural person who has acquired it from a State or another legal person and would be subject to the right of extradition under this law, in cases where a natural person has acquired the property either in breach of the provisions in force at that time or at a price lower than the price corresponding to the pricing rules in force at that time, or on the basis of an unlawful advantage to the transferee, as well as persons close to that natural person, if it has transferred or has transferred ownership or personal use for such property. The application must be made by 31 December 1992 or by 6 months after the legal authority of the Land Office has given its decision not to issue the property, otherwise the right shall cease.
(2) A natural person whose right to property has been transferred to an authorised person pursuant to paragraph 1 shall be entitled to a refund of the purchase price and to reimbursement of the cost of the property. Entitlement shall apply to the central authority of the Republic. In such a case, the State shall be entitled to reimburse the eligible person for the cost of the property he has paid to the natural person in accordance with the first sentence.
(3) In the event that the owner of the land has, in distress, donated his land to a natural person or transferred it free of charge in connection with the conclusion of a purchase contract to the building to which the land belonged and, if the land is owned on the date of application of this law by the person to whom it has been donated or transferred free of charge, or by a person close to that person, the court shall decide on a proposal from the beneficiary:
(a) either for the cancellation of the contract in the part of the land which has been donated or for free transfer to a natural person; or
(b) that the owner who has acquired the land in such a way or, where appropriate, his heir shall pay the price of the land donated; the price of the land shall be determined in accordance with the price regulations in force on 24 June 1991, and the price of the land shall be assessed by type of culture at the time of donation when the price is determined.
If the owner of the land does not agree to pay the price referred to in point (b), the court shall decide to terminate the contract referred to in point (a).
(4) Paragraph 3 shall not apply where the land has been donated or transferred free of charge to close persons by the owner.
(5) Where the owner of the land has donated his land to a natural person or transferred it free of charge in connection with the conclusion of a purchase contract to the building to which the land belonged and where such land is owned by a person other than the person referred to in paragraph 3 on the date of application of this Law, the person to whom the land was donated or transferred free of charge or the heir to the beneficiary shall pay the price at which the land was transferred to a third party.
(1) The entitlement shall be exercised by the beneficiary at the land office and shall at the same time invite the debtor to issue the property. The obligor shall conclude an agreement with the authorised person within 60 days of the date of the call for the issue of the property.
(2) The Agreement is subject to the approval of the Land Authority in the form of a decision given in administrative proceedings.
(3) The decision of the Land Authority not to approve the Agreement will be reviewed by the court on a proposal from the party. If the court does not approve the agreement, it shall refer the matter back to the Land Office for judgment.
(4) If the agreement referred to in paragraph 1 is not reached, the land office shall decide on the ownership of the beneficiary.
(5) If necessary, the Land Authority may impose or abolish a material burden on the transferred property, or impose other measures to protect the environment or the important interests of other owners.
(6) An appeal may be brought before a court against a decision of the Land Office pursuant to paragraphs 3, 4 and 5.
(7) The decision referred to in paragraphs 2 and 4 shall specify the amount of the claims referred to in Article 6 (3) and (4) and the time limit for their payment. This decision may also be given by the Land Authority retrospectively, but no later than three years from the legal authority of the decision referred to in paragraphs 2 and 6.
(8) The parties to proceedings under this provision shall be the person entitled to claim the property from the Land Office, the obliged person and the Land Fund.
(9) The procedure referred to in paragraph 2 shall begin on the date of service of the agreement concluded in accordance with paragraph 1 to the Land Authority. The procedure referred to in paragraph 4 shall be initiated by the expiry of the period referred to in paragraph 1 or by notifying a participant that no agreement has been reached.
It is newly designated as Section 21a.
(1) Land or parts thereof may not be issued if:
(a) a right of personal use has been established for the land, except where that right has been established in the circumstances referred to in Section 8;
(b) a cemetery has been established on the land after the transfer or transfer to the State or other legal person;
(c) the land has been built after the transfer or transfer to the State or other legal entity; The land may be issued if it does not obstruct the agricultural or forestry use of the land, or if it is a movable, 9b or temporary, 9c or simple, 9d or 9e) or a building located below the ground surface. The part of the land on which the construction started before 24 June 1991 and the part of the land with such construction directly related and strictly necessary for the operation of the building shall be considered to be built. The start of the construction is the date of the actual start of the construction, entered in the building log and notified to the construction office if the construction was started within 2 years of the issue of the building permit,
(d) a garden or cottage settlement (10) or a garden or cottage settlement which was established before 1 October 1976 has been established on the land by virtue of a territorial decision, with the exception of the settlements temporarily located, established or cottage settlement (10);
(e) on land excluded from the agricultural land fund, the establishment of a gym or sports establishment or a gym or sports establishment established before 1 October 1976 has been established on the land;
f) If the parcel identification cannot be carried out due to unfinished allocation procedure under Decree No. 12 / 1945 Coll., Decree No. 28 / 1945 Coll., Act No. 142 / 1947 Coll. and Act No. 46 / 1948 Coll.
(2) In the case referred to in paragraph 1, the Land Fund shall transfer to the beneficiary free of charge other State-owned land in accordance with the procedure laid down in Section 8 (4) of the Czech National Council Act No. 284 / 1991 Coll., on Land Modifications and Land Offices, as amended by Act No. 38 / 1993 Coll., preferably in the same municipality where most of the original land is situated, if the beneficiary so agrees. At the request of the beneficiary, the land of the permanent forest fund may also be transferred to the beneficiary at a price appropriate to the price of the area and quality of the original land. All this at prices on 24 June 1991.
(3) In the event that the land or part thereof is intended for the defence of the state11) or is intended for the extraction of minerals (12) or has become part of a forest fund in a national park after the transfer or transfer to a state or other legal person, or is in the territory of a national natural reservation, a protected site, a protected park, a protected garden, a protected studio area, a zone of sanitary protection of first-degree aquatic resources or a protected natural building, or a significant landscape element, or a barrier to the issue of the land of a temporary nature, it is at the discretion of the authorized person to require the issue of the original land or transfer of another land owned by the State. Where the beneficiary requests the transfer of another parcel, the procedure laid down in paragraph 2 shall be followed.
(4) A residential building, an economic building and another building belonging to the original agricultural estate cannot be issued if a major reconstruction of the building has lost its original technical character in such a way that it no longer relates to the object of agricultural production.
(5) Real estate, which is declared a national cultural monument, cannot be issued until the laws governing the management and protection of cultural monuments have been adopted.
(6) If the obstacle for which the property cannot be issued at the date of the land office's decision, the Land Office decides to issue the property to the beneficiary in accordance with Paragraph 9 (4).
(7) If the property is owned by a obliged entity which provides agricultural production, or by a State owned building, and if the beneficiary has a claim against the obliged entity or State for compensation under this Act or for the issue of a holding in accordance with Act No. 42 / 1992 Coll. at least 50% of the price of the construction, the Land Office may decide, on a proposal from the beneficiary, to issue the land with the construction. In such a case, the obliged person or State shall have the right to compensation at the rate by which the construction price 13a) exceeds the outstanding entitlements of the beneficiary; the buildings in the management of the Land Fund are replaced by the Land Fund.
Concentrations of entitlements
If the rights of beneficiaries under Paragraph 6 (1) are met, the right to issue the original real estate belongs to the one of them who has ceased ownership as a result of a unilateral act of the State. If, in this way, more than one person has gradually lost ownership of the property, that right shall belong to the earlier person, unless otherwise agreed. In such a case, the other beneficiaries have the right to transfer the land pursuant to Paragraph 11 (2) and, where appropriate, to financial compensation.
Time limits for claiming entitlement
(1) The right to issue the property referred to in Article 6 may be exercised by the beneficiary before 31 January 1993. Compensation for dead and living inventory pursuant to § 20 may be claimed by the beneficiary by 31 March 1993. In the case referred to in Article 6 (1) (a), the 18-month period shall begin to run only from the date of the legal authority of the decision which repealed the decision, if that decision is taken after the date of application of this law. Failure to exercise the right shall cease to exist within the time limit. The time limits for the submission of written evidence in proceedings before the Land Office shall be governed by general administrative rules.
(2) If the property has been issued in accordance with Paragraph 9, persons whose claims have not been met within the time limit referred to in paragraph 1 may apply those rights to the court against the persons to whom the property was issued within six months of the end of the period referred to in paragraph 1.
(3) The authorised person may invite the obliged person to issue real estate and apply for compensation under § 14 to 16 within 6 months of the date on which he became aware of the obliged person, no later than 5 years from 24 June 1991. Those rights shall cease to be invoked within the time limit.
Refunds
(1) The entitled person is entitled to compensation for residential buildings, economic buildings and other buildings which cannot be issued under this Act or which have ceased to exist or have been transferred to a person who is not obliged to issue them. Similarly, the beneficiary is entitled to compensation for land which is not issued under this law and for which no other land has been granted.
(2) If a residential building, an economic building or other building to be issued is substantially assessed in such a way that its price determined on the date of application of this Act exceeds the price of the building at the time of takeover by the State or by another legal person, it is up to the authorised person to take over the building and pay the person liable for the difference between the prices or to request compensation.
(3) Where the price of an issued residential building, farm building or other building determined on 24 June 1991 is lower than the price of the original building, the beneficiary shall be entitled to a refund equal to the difference in prices.
(4) For the purposes of this Act, melioration equipment below the soil surface shall not be considered to be a material evaluation. The authorised person who has been issued the property on which the melioration building is located shall be obliged to maintain the melioration structure.
(5) If the beneficiary does not also own the melioration structure, he shall be obliged to allow the control, maintenance and repair of the legal or natural person responsible for his condition and activity. Until the privatisation of the melioratory construction, maintenance and repair of the main mellioration facilities owned by the State is carried out, the Land Fund shall pay its revenues.
(6) In accordance with paragraph 4, the main melliorative equipment shall be understood as for the drainage of a petrol station, open and covered channels from a clearance of 30 cm inclusive, collecting open ditches, building objects on canals and ditches, piles and bypass tanks, in the case of irrigation of the sampling objects, tanks, ladders covered and open with objects on them, pumping stations, spills and pipes up to hydrant, reinforced handling surfaces and roads used solely for irrigation operations.
(7) In accordance with paragraph 2, where a residential building, an economic building or another building has become part of another building or construction, the procedure shall be followed.
(8) Prices should be determined in accordance with the price rules in force on 24 June 1991.
(9) Where the beneficiary has acquired the property by an allocation from the State, compensation shall be granted for the property referred to in paragraph 1 only up to the amount of the allocation paid.
(1) When the land is issued under this Act, permanent crops and all parts of the land (§ 120 (1) receptacle.) and the melioration equipment located below the surface of the land, with the exception of the main melioratory facilities referred to in § 14 (5) which are present on the land at the time of its issue.
(2) If, at the time of its takeover by a State or by another legal person, the land or part of it to be issued under this Law was of a permanent nature and if, at the time of its issue, there is no price comparable to that of permanent crops, the right-holder shall be compensated for the difference between the price of permanent crops situated on the land at the time of its takeover by the State or by another legal person and the price of permanent crops present on the land at the time of issue.
(3) If, at the time of its takeover by a State or another legal person, the land or part of it to be issued under this law has permanent crops and there is no permanent crops on that land at the time of its issue, the right-holder shall be compensated for permanent crops equal to the price of permanent crops which were present at the time of its takeover by the State or by another legal person.
(4) If the forest was on the forest land issued pursuant to paragraph 3, the obliged person shall afforestation the forest at his or her expense within the period laid down in law 13b) and grow the forest into a protected culture, unless otherwise assessed by the participants. The price of permanent crops planted and secured shall be deducted from the compensation for permanent crops referred to in paragraph 3.
(5) If, at the time of its takeover by a State or by another legal person, there is no permanent crop on the land or part of it to be issued under this law, and if, at the time of its issue, there is permanent crop other than the forest, the person liable for permanent crops shall be compensated at the price of permanent crops on the land at the time of issue.
(6) If, at the time of its takeover by a State or by another legal person, the land or part of it to be issued under this Act has been subject to permanent crops and if, at the time of its issue, the land is worth more than that of permanent crops other than forests, the person liable for permanent crops shall be entitled to compensation equal to the difference between the price of permanent crops on the land at the time of its takeover by the State or another legal person and the price of permanent crops on the land at the time of its issue.
(7) If the beneficiary is obliged, when the land is issued in accordance with § 9, to compensate the debtor for the permanent crops referred to in paragraphs 5 and 6, it shall be the responsibility of the beneficiary to take over the land and to pay for the permanent crops or to request the issue of another land; in such a case, the procedure laid down in Article 11 (2) shall be followed unless otherwise decided by the participants.
(8) Prices should be determined in accordance with the price rules in force on 24 June 1991.
(9) Where the owner of permanent crops is a State, the refunds referred to in paragraphs 5 and 6 shall not be granted.
(1) A State or other legal person whose founder or founder is a State shall grant financial compensation in accordance with specific provisions for land which is not issued under this Law and for which another person cannot be granted another land. 13c) The financial compensation consists in the payment of cash and in securities which are not of the nature of a sovereign bond, at the prices provided for in Paragraph 28a. Cash shall be paid only to the original owners of the issued items.
(2) The other compensation provided for in paragraphs 14 and 15 shall be granted by the legal person (successor) who holds the case or holds it at the time of the termination of the property or transferred it to a person who does not issue the property under this law. If the beneficiary has purchased the property from the State or a legal person before the law is effective, he shall be entitled to compensation under § 14 and 15 of the price 13a) at the time of the transfer to the State.
(3) The authorised person shall invite the granting of the refund not later than the time limits referred to in Article 13. If the right to compensation depends on a decision of the Land Office or the Court of Justice, that period shall expire six months after the date of the decision.
(4) Reimbursement shall be granted to the person entitled within six months of the date of receipt of the request. The compensation shall consist of matters owned by the person liable for the refund or for which the right of the economy was 13d) on 24 June 1991, with the exception of property in the management of the land fund, or in the proportion of the person's assets, up to the value of the original real estate and permanent crops, unless otherwise assessed by the participants.
(5) The method of reimbursement shall be agreed within 60 days of the submission of a written call by the authorised person if the claim has not been met earlier. With the consent of the authorised person, commitments against it may be settled after that date.
(6) If there is no agreement on the method of reimbursement referred to in paragraph 5, the court shall decide on the method of reimbursement.
Land funds
(1) The State-owned real estate referred to in Paragraph 1 (1) is managed by legal persons established by the laws of the Czech National Council and the Slovak National Council ("the Land Funds"), with the exception of land,
(a) where the cemetery is situated;
(b) which are intended for State defence, 14)
(c) which are determined by a decision on the use of land for mining minerals, 15)
(d) protected under specific rules. 16)
(2) Save as otherwise provided in this Act, the Land Funds shall proceed in the transfer of the State's immovable property under special rules. 17) Until the privatisation project has been approved, or in accordance with it, the Land Fund may make use of the immovable property to other persons.
(3) Property owned by the State to which the right of extradition has not been exercised within the period referred to in Paragraph 13 may be transferred by the Land Fund:
(a) owned by authorised persons to satisfy their entitlement to compensation under Articles 14 to 16 or 20;
(b) to the co-owners of such real estate under the price and other conditions applicable to the acquirer of State property transferred by the Land Fund to natural persons in accordance with the procedure laid down in Act No. 92 / 1991 Coll., on the conditions for the transfer of assets of the State to other persons, as amended, laid down in the price regulations in force at the date of the transfer;
(c) in urgent cases, the persons to whom the approved building documentation requires construction;
(d) exchange for other immovable property,
(e) to the acquirer of an approved privatisation project, where the land referred to in Paragraph 1 (1) of this Law has been excluded from the privatisation project before its approval and cannot be used as replacement land.
(4) The Land authorities are obliged to provide the Land Fund with information as to whether a restitution claim has been applied to the property.
(5) Where more than one natural person is interested in State-owned real estate, current users and self-employed farmers shall have priority in the procedure referred to in paragraph 2. Of the other candidates, the person permanently resident in the municipality in whose cadastral territory the property is situated shall take precedence.
(6) The competent central authorities of the Republic shall decide in doubt whether the property is covered by this law.
(1) If the owner of the property is not known, the Land Fund shall be entitled to put the property into use to the appropriate candidates; the remuneration for such use is the income of the Fund until the owner exercises his rights to the property.
(2) If the owner exercises his property rights, the Land Fund will terminate the lease contract with the lessee on 1 October of the current year with one year notice, unless otherwise agreed with the owner.
(1) The Land Fund provides compensation to beneficiaries in cases where the compulsory person is a municipality or district office. If the municipality provides compensation before the application of this law, it will provide compensation to the debtor for the Land Fund. The Land Fund may assume the obligations of obliged persons to provide compensation under Articles 14 to 16 and Article 20 where the compulsory entity is a state enterprise or a legal entity the founder of which is a State, in so far as such claims have not been settled before the privatisation or liquidation of that legal entity.
(2) Reimbursement consists of the provision of real estate in the management of the land fund or in the provision of cash at the level laid down in the special regulation, 13c) where appropriate in securities which are not government bonds.
Country adjustments
(1) Land-based adjustments are changes in the layout of land in a given territory made in order to create soil-integrated economic units as required by and with the consent of individual landowners and according to the social requirements for landscape, environment and investment construction.
(2) The land-use change and the exchange or transfer of ownership rights, the identification of the boundaries of the land or the establishment or, where appropriate, the abolition of the burden in kind on the land concerned, shall be decided by the Land Office on the basis of an agreement between the owners. If the owners do not agree, the Land Office shall decide under the conditions laid down by law. The decision of the Land Authority shall be reviewed by the court, on application by the party.
(3) Land treatment procedures are governed by the laws of national councils.
(4) Where it is not possible for the owner to allocate his own land for technical reasons, the Land Office may, if it so agrees, allocate the land to that owner after the opening of the land modification proceedings 17a) to the provisional use of the land of other owners. Such provisional use shall cease at the latest by the date of application of the decision approving land-use arrangements. The government shall determine the method of financial settlement by its regulation.
(5) The allocation of land for interim use shall be decided by the Land Authority in agreement with the owners of the land in question. In the event of disagreement between the owner of the land and the allocation of the land for interim use by agreement, the Land Authority shall decide on the allocation of the land for interim use in administrative proceedings. The decision of the Land Authority shall be reviewed by the court, on application by the party.
SPECIAL, TRANSITIONAL AND FINAL PROVISIONS
Replacement of a live and dead inventory
(1) In order to ensure the operation of agricultural or forestry production, the original owner of the live and dead inventories, as well as the stocks, has the right to compensation if he has brought them to the agricultural cooperative or has been removed or otherwise transferred free of charge, between 25 February 1948 and 1 January 1990. If the original owner has died or has been declared dead, the right to claim compensation for the purpose of ensuring the operation of agricultural or forestry production shall be that of another authorised person referred to in Article 4 (2).
(2) The legal person who took over these cases or its successor in title shall be required to provide the compensation referred to in paragraph 1 within a period of 60 days, unless otherwise assessed by the participants. In the event that the legal person has paid the State the value of the live and dead inventory and stocks, he shall be entitled to reimbursement of the amount he has paid as compensation to the State; that entitlement may be exercised with the competent central authority of the state administration of the Republic within 60 days of the grant of the refund. If it is not possible to identify the legal person who took over the case or its legal successor or if the legal person has ceased to exist, the legal person who used the land of the beneficiary on 24 June 1991 shall pay the compensation referred to in paragraph 1. If it is not possible to designate the obliged person in this way, the Land Fund shall provide the compensation referred to in paragraph 1 in the manner set out in Paragraph 18a (2).
(3) Reimbursement shall be granted in respect of matters of the same or comparable type, quality and in respect of the appropriate part of the property taken over to ensure agricultural or forestry production; Where this is not possible, compensation shall be granted in the services of agricultural or forest production security or, where appropriate, in the share of the assets of the legal person referred to in paragraph 2, up to the value of the goods withdrawn at prices at the date of application of this Act or, where applicable, in a different form. The compensation provided for shall be deducted for live and dead inventory and for stocks paid before the application of this Act. If no agreement is reached, the court shall decide on a proposal.
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Regulation Information
| Citation | Full text of Act No. 195 / 1993 Coll., Act on the treatment of property relations with land and other agricultural property (full text as shown in later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.1993 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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