Full text of Act No. 218 / 1997 Coll.
Act of the Czech National Council on Land Adjustments and Land Offices (full text as seen from later amendments and additions)
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08.09.1997
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218
_
Announces
full version of the Act of the Czech National Council No. 284 / 1991 Coll., on Land Adjustments and Land Offices, with amendments and additions implemented by the Act of the Czech National Council No. 38 / 1993 Coll. and by Act No. 217 / 1997 Coll.
THE LAW
Czech National Council
on land treatment and land offices
The Czech National Council decided on this law:
Purpose of the law
The Act regulates the land modification procedure and the establishment and function of the Land Authority (1)
ADJUSTMENT
Land adjustments (2) are organised by property rights to land and related material burdens, by spatial and functional adjustment, by grouping or dividing the land and by ensuring the accessibility and settlement of its borders. At the same time, they create conditions for rational management, for protecting and nationalising the soil fund, for enhancing the landscape and for increasing its ecological stability.
Land modification procedure
Subject matter of land treatment
(1) The subject of the land-use arrangements shall be all land in a given territory, irrespective of the use made previously, and existing ownership and exploitation relationships with them, unless they are excluded from land-use arrangements under paragraph 2.
(2) Land use shall be excluded from land-use arrangements for State defence, for mining of reserved minerals, 2a) Cemeteries, land built and intended for construction, 2b) Land protected under special regulations. (c)
(3) Land for which the right of use is maintained (2e) is not excluded from land treatment.
(4) The land-use arrangements shall, as a general rule, be made for the entire cadastral territory.
(5) If the purpose of the land-use adjustment does not prevent it or if it is in the interest of achieving it, the extent of the territory concerned by the land-use adjustment (hereinafter referred to as the "land-use adjustment circuit ') may be determined in such a way that neighbouring land from other cadastral territories may be included in the land-use modification perimeter if this results in a more efficient shape and functional arrangement of the land-use modification circuit. In the case of the cadastral territory of different counties, the district land office [§ 11 (a)], which initiated the land modification procedure, shall include the land in question in the land modification district in agreement with the district land office in whose district the land is located.
Forms of land treatment
(1) Land treatment is generally carried out in the form of complex land-use treatment within the scope of Section 2. In order to accelerate the creation of soil-integrated economic units, land treatment is carried out in the form of simple land-based adjustments. 2d)
(2) Simple land treatment means the specification or reconstruction of the land allocations allocated to the President of the Republic pursuant to Decrees 12 / 1945 Coll. and 28 / 1945 Coll., Act 142 / 1947 Coll. and Act 46 / 1948 Coll. When specifying or reconstructing the land allocation, the district land office shall, after consulting the relevant cadastral office, proceed mutatis mutandis in accordance with § 8 (5), (6), (7), (9), (10) and (11), § 9 (4) and § 9g (5).
The parties to the land modification proceedings
(1) The parties to the land adjustment proceedings (hereinafter referred to as "the parties") are:
(a) owners of land covered by land treatment ("land owners");
(b) other natural and legal persons whose property rights or other rights to land may be directly affected by land-use adjustment;
(c) construction works, if the implementation of land-based modifications is due to construction activity;
(d) the municipalities in whose territorial area the land covered by the land treatment area is situated may also be involved in the municipalities with whose territorial area the land covered by the land treatment area is adjacent, provided that, within 30 days of the invitation of the county land authority concerned, the municipalities have acceded to the land treatment (hereinafter referred to as "municipalities"),
(e) the owner of the land for which, during the completion of the procedure, replacement land for which he has not acquired title (§ 9b (1)) has been issued and the property and permanent crops in his possession are situated on those parcels.
(2) A party who is not known or whose residence is unknown is represented by a guardian in the land adjustment proceedings, 2f) who may also be a municipality. The caretaker shall not be entitled to consent as a participant to non-compliance with the rules for assessing the adequacy of the quality and the area of the parcels exchanged under the special rule. 2d)
(3) If the owner of the land subject to the land-use adjustment has died and the court has not ruled by final order, 2g) the heirs are parties to the land-use treatment proceedings, as indicated by the court.
(4) The owners of the land shall, for the duration of the land-use adjustment, choose a representative board (hereinafter referred to as "the Board ') representing the owners within the scope of the activities referred to in paragraph 7 and, where appropriate, act as owners on the basis and scope of their authorisation. In the case of simple land modifications, the choice of the College may be waived. The Board shall be elected after the opening of the land modification procedure, as a rule at the opening meeting. For the purposes of choosing the College, the co-owners shall have one vote.
(5) In the event of the Choir being elected, membership of the Choir shall not be refused to the owner whose land includes at least 10% of the area of land on which land treatment will be carried out. Another non-elected member of the College is the head of the District Land Office [§ 11 (a)] or an authorised official of the Land Office and a representative of the municipality. The College shall elect a chairman from among its number who shall convene the meetings of the College and manage their deliberations.
(6) The number of members of the Board shall be determined by the Land Office, in the range of 5 to 15 members, by the total number of owners and by the extent of the area addressed.
(7) The College cooperates in the processing of the design of land-use modifications, assesses its individual variants and the proposed measures, expresses its views on the comments submitted, agrees on the design of land-use modifications and cooperates on the implementation of approved land-use modifications.
Initiation
(1) A Participant may submit a complaint to the District Land Authority for the initiation of the land modification procedure.
(2) The Land Adjustment Procedure shall be initiated by the District Land Office at the initiative of the Participant if it finds that the grounds, urgency and effectiveness of the land modification are justified; otherwise it shall inform the tenderer of the reasons for which it has not initiated the land modification procedure. The County Land Authority may initiate land-use adjustment proceedings without the initiative of the Participant.
(3) Comprehensive land treatment must be initiated by the district land office whenever the owners of the land express their views on the agricultural land covered by the cadastral territory.
(4) The district property office will notify all the parties to the proceedings by a public decree.
(5) The notice of commencement of the land-use adjustment referred to in paragraph 4 shall be posted for 15 days on the official plate of the district land office and the municipalities in whose territorial districts the land covered by the land-use adjustment is situated. The last day of this period shall be the day of service.
(6) The County Land Authority shall also inform the relevant cadastral authority, the zoning authority, the construction office, the agricultural land fund protection authority, the nature conservation authority, the water management authority and the State forest administration authority in writing of the initiation of the procedure. (3) The district property office shall also deliver the notification to the other authorities concerned if the land-based treatment of the interests protected by the State's defence and security regulations, care for the health of the people and other interests protected by specific regulations is concerned. Those authorities shall, within 30 days of receiving notification, lay down the conditions for the protection of interests under specific rules.
(7) Land modification and decision-making procedures shall not be subject to the time limits for decisions under the administrative rules. 3a)
(8) The County Land Authority shall suspend the proceedings if the reason for the proceedings has been waived or if, during the course of the land-use adjustment, there have been obstacles which cannot be continued.
(9) Persons authorised by the district land office may, following prior written notification, enter and enter land and engage in land treatment activities at the time and to the extent necessary, which result from the delegation, unless otherwise provided for in a special regulation.
(10) If the owner or user concerned has suffered damage to his property as a result of the land-use adjustment activity, they shall be entitled to compensation for such damage in cash. The right to compensation shall be exercised at the county property office, if the crops are concerned, no later than 30 days from the date of its establishment, in other cases within one year of its establishment, otherwise it shall cease to exist.
(11) In the cadastral territory in which the land modification procedure is initiated, the result of which will also be used for the restoration of the cadastral operator, 3b) the district land office shall, at the request of the cadastral office, ensure, in the agreed extent of the preparation of the documentation for the renewal of the set of geodetic information of the cadastral. 3b) When drawing up real estate documents relevant to the defence, internal order and security of the state3c), the obligation to comply with the provisions of the relevant regulations is.
Opening proceedings
The district property office shall convene an opening meeting at which it shall inform the participants of the purpose and purpose of the land modification, determine the perimeter of the land modification and the form of land modification. The administrative rules shall not apply to the determination of the perimeter and the form of land treatment. 10)
Design of land modifications
(1) The district land office shall ensure the professional processing of the design of the land treatment (hereinafter referred to as the "proposal") with the processor. The requirements of the proposal shall be laid down in a separate Regulation.
(2) Only natural persons having official authority in accordance with § 8a may be the processor of the proposal. On behalf of a legal person, only a natural person who is authorised to do so may process a proposal.
(3) The authorities concerned are required to provide the county property office with the necessary data and information, free of charge, necessary for the land modification procedure and for the preparation of the proposal, within agreed deadlines.
(4) The basis for the design of complex land modifications is the orientation of objects which remain the contents of the set of geodetic information of the cadastral even after the completion of the land modifications, and other semi-hourly elements necessary for the processing of the design of land modifications, with a geometrical basis and accuracy according to the special regulation, 3d) if they are no longer determined with the same geometrical and positioning quality in the cadastral. If, on the basis of an assessment by the District Land Office, this is appropriate, this basis shall also be drawn up for the proposal of simple land-based adjustments. The results of the surveying activities to form the basis for the design of land-use modifications shall be verified by a natural person who has been granted official authorisation under a specific regulation. 3e)
(5) The County Land Office shall ensure that the land owners' claims are listed according to their size and price. This inventory shall be unloaded for 15 days at the local authority responsible. The extract from the list of land rights included in the land treatment area and their price shall also be delivered to the owners whose residence is known. The owners may object to this list of claims within the time limit specified by the district property office; no objections to the repair of the plot of land resulting from the focus of the ground treatment circuit shall be taken into account. Opposition shall be discussed by the district property office with the board, if elected, or if applicable the cadastral office, if there are objections to the cadastral data. The owners shall be informed in writing of the processing of the objections. They shall not be subject to the administrative procedure. 10)
(6) The district land office shall submit to the cadastral office a list of parcels affected by land modifications to indicate the start of land modifications in the cadastral.
(7) Unless the owners of the land agree otherwise on the pricing method, the price of the land shall be determined in accordance with the price regulation in force on the date of unloading of the list of entitlements referred to in paragraph 5.
(8) The basis for the valuation of the agricultural parcel under the applicable price regulation is the soil-protected organic units registered in numerical and map documents. The soil-protected ecological unit expresses a five-digit code of the main soil and climatic conditions affecting the production capacity of the agricultural land and its economic evaluation. The Ministry of Agriculture (hereinafter referred to as "the Ministry ') sets out by decree the characteristics of the soil and the procedure for their management and updating.
(9) The Land owners will be proposed by the District Land Office in a proposal to allocate the whole land in order to match their original land with the area, the appropriate same quality (price and distance) and, as far as possible, the same type of land (culture), while optimising the organisation of the soil fund in the area in question within the meaning of § 2. The rules for assessing the adequacy of the quality and area of the land reserved for the land are laid down in a separate regulation.
(10) In the course of the land-use adjustment, the district property office shall, in order to rapidly establish and use soil-integrated economic units, allocate to the owners of the land, until their provisional free use, the whole land proposed for the exchange of ownership rights (hereinafter referred to as "the allocation to interim use '). These parcels remain subject to land-based adjustment. The partial use shall cease to exist by exchanging ownership of the land in question, at the latest by terminating complex land-use arrangements.
(11) The allocation of land to provisional use shall be agreed by the district property office with the owners of the land in question. In the event that the owner of the land disagrees with the allocation of the land for interim use by agreement, the district property office shall decide on the allocation for interim use in administrative proceedings. If the conditions under which the land was allocated for interim use have changed by decision of the District Land Office, that Office may amend its decision to allocate the land for interim use in accordance with the new facts. Similarly, the district property office may amend the decision to allocate the land to a limited lease. 3f)
(12) During the processing of the proposal, the processor is obliged to discuss the proposed measures with the owners of the land or, where appropriate, with the Board, if elected (§ 5 (4) and (7)). The county property office shall convene all owners if at least one third of the owners or the board so request, if elected.
(13) If, at the request of the District Land Office, a party does not attend meetings where he has the opportunity to make comments and suggestions, he may make his views known in writing on the subject matter of the hearing, not later than 15 days after receipt of the invitation to attend the hearing. The later comments and suggestions of the district property office will not be taken into account.
(14) The approval granted in accordance with paragraphs 7, 11, 16 and 17 may be withdrawn by the owners of the land or by their successors in title only with the agreement of the district land office; he can give his consent only if the state of preparation of the proposal allows it.
(15) If, in order to achieve the purpose of the land-use adjustment provided for in Article 2, the necessary land-use plan for the construction of field roads and for the implementation of technical, water-based, conservation and ecological measures (hereinafter referred to as "common facilities') is to be set aside, the land owners shall participate in the allocation of the required land-use plan to the extent that it is not possible to use only state-owned land for this purpose, 4) and land owned by the municipality previously used for common facilities.
(16) If the land treatment circuit is in line with the land treatment area, the land on which the state-owned buildings are located (e.g. communication, railway track, modified water flow), built by 24 June 1991, the district land office may provide the owners of the land concerned with an exchange of State-owned land, 4) if the owners agree to this exchange. Such land may be included in the land modification perimeter. The district property office shall decide on the exchange or transfer of ownership rights on the basis of an approved proposal (§ 9 (6)).
(17) The district property office may, in the land adjustment proceedings, settle the joint ownership of the land held in the land register or the previous land register as a land with the character of the former field trip by increasing their claims to the joint owners (Paragraph 8 (5)) by an area corresponding to the joint ownership of the land, unless another agreement is reached between the co-owners. If the co-owner does not own land in the cadastral territory other than a co-ownership interest in the field route, the district property office may redeem the co-ownership interest to the State for compensation under the applicable price regulation. The joint ownership shares of unknown owners may be transferred to the State by decision of the District Land Office, issued in accordance with the approved proposal, for compensation under the applicable price regulation, to be lodged in the custody of the court. (4a)
(18) The results of complex land modifications are used for the restoration of the cadastral operator and the surveying part of the land modifications is processed according to the relevant regulations of the Czech Geographic and cadastral office. The special joint regulation of the Ministry and of the Czech Office of Surveyor and cadastral will provide for the application of these regulations to the implementation of the surveying activities in land-based adaptations. At the same time, it shall define the powers to be exercised by the District Land Office in these activities and, where appropriate, by the District Land Office to be exercised by the cadastral office.
Professional competence to design land modifications
(1) The professional competence for the design of land-use modifications is demonstrated by natural persons with a competence to design land-use modifications (hereinafter referred to as "official authorisations").
(2) Official authorisation is granted by the Central Land Authority (Sections 11 (b) and 13 (c)).
(3) The Central Land Authority shall grant official authorisations upon written request to a natural person who:
(a) is eligible for legal action;
(b) is fair,
c) is a citizen of the Czech Republic,
(d) has completed a university degree in technical or agricultural education;
(e) demonstrate two years of experience in the planning of land modifications.
(4) For the purposes of this law, those who have been convicted of an intentional offence shall not be regarded as righteous.
(5) The applicant shall indicate in the application referred to in paragraph 3:
(a) name and surname, title, permanent address, date of birth and birth number;
(b) education obtained, including the field of study or specialisation, where appropriate;
(c) the length of professional experience in the design of land modifications.
(6) The application referred to in paragraph 3 shall be accompanied by the following documents:
(a) an extract from the register of punishments not earlier than three months old;
(b) a certified copy of the evidence of education achieved;
(c) evidence of practice of the prescribed duration and, where appropriate, a certified copy thereof.
(7) The Central Land Office shall keep a list of natural persons to whom it has granted official authorisation.
(8) Official authorisation expires
(a) if the holder of an official authorisation has ceased to comply with one of the conditions laid down in paragraph 3;
(b) where the holder of an official authorisation so requests in writing,
(c) death of the holder of an official authorisation or death certificate;
(d) by a decision of the Central Land Office on withdrawal.
(9) The Central Land Authority may withdraw this official authorisation in the event that its holder, through a written notice from the District Land Office, repeatedly infringes the provisions of this Law.
(10) A natural person who has been withdrawn from the official authorisation referred to in paragraph 9 may be re-granted not earlier than three years after his withdrawal if he fulfils the conditions set out in paragraph 3.
(11) A natural person who is already in possession of an authorisation granted under the previously applicable rules, 4b) must, within two years of the application of this law, apply for an official authorisation under that law.
(12) The issue of an official authorisation is not subject to administrative fees.
Land modification decision
(1) The district land office shall issue a draft for a period of 15 days for public consultation; the proposal must also be made in the municipality. At this time, the participants may raise their objections and comments with the District Land Office.
(2) The district land office will submit a processed proposal to the authorities concerned (Section 6 (6)) for the granting of the measure (consent, exemption permit) in accordance with specific rules. Without this measure, the proposal for land-use adjustment cannot be approved.
(3) After the expiry of the period referred to in paragraph 1, the district property office shall order final oral negotiations with the participants and the authorities referred to in Paragraph 6 (6). At the same time, they shall be advised that they may make their objections and comments on the proposal at the latest at this final oral hearing; otherwise they shall not be taken into account.
(4) The County Land Authority shall decide on the approval of the design of the land treatment where the owners of at least two-thirds of the land area concerned by the land treatment agree.
(5) The decision to approve the draft district land office shall be notified by a public decree and delivered to all known participants. (d) only the part of the application which affects a particular party shall be attached to the decision notified to the parties. The approved proposal with all the elements shall be deposited with the District Land Office and the competent municipal office where the application may be consulted. The decision to approve a proposal which has acquired legal authority (hereinafter referred to as the "approved proposal ') shall also be forwarded by the district land office to the cadastral office for designation in the cadastral. (c)
(6) The approved proposal is a binding basis for the decision of the District Land Office on the exchange or transfer of property rights, or, where appropriate, the establishment or abolition of a material burden on the land concerned. 4d) It is also a binding basis for a decision on the transfer of ownership rights to land on which common facilities are located. No appeal shall be made against a decision to exchange or transfer property rights or, where appropriate, to establish or remove a material burden issued on the basis of an approved proposal.
(7) The decision referred to in paragraph 6 shall be notified by the district land office by a public order and shall be forwarded at the same time to the cadastral office and to all owners of the land and to persons concerned by the establishment or cancellation of the material burden known to the district land office. This Decision shall take effect on the last day of the 15-day period which shall begin to run on the day of the publication of the decision by a public order. Where a decision of a large number of persons is concerned, the persons concerned may be listed in a specific Annex which forms an integral part of this Decision; its delivery by a public decree shall be carried out by hanging the decision in a normal place without a separate annex. The district property office shall ensure that the Annex to the Decision is accessible to public consultation at a designated location at the municipal and district offices and that a certified copy is issued to those persons, if they so request. Information will be posted along with the decision. Only the part of the Annex which affects a particular person shall be attached to the decision to the persons to whom the decision is served. In cases where the result of land-based modifications also serves as a renewed cadastral operate, 3b. This renewed cadastral operate shall become the valid date of the decision referred to in paragraph 6.
(8) If the inheritance has not been discussed after the owner whose land is the subject of the land adjustment until the time of the transfer decision referred to in paragraph 6, the land already registered in the property register in accordance with the approved proposal instead of the original land of the deceased shall be the subject of the inheritance. In such cases, after the decision referred to in paragraph 6, the deceased shall be registered in the property register as the owner of such an inheritance object until the record has been made (4e) on the change of ownership and other rights in kind for the benefit of the heirs.
(9) According to the approved proposal, the legal status is also binding on the legal successor of the landowners. Pending the decision of the District Land Office referred to in paragraph 6, the corresponding land shall be indicated in the instruments of acquisition of ownership or other land authorisation (for example in the sales agreement, in the order of the court on the acquisition of the inheritance, in the lien contract), in addition to the land acquired, in the corresponding land under the approved application; information on them is provided by the district land office. The individual parcels or parts thereof may not, at that time, be burdened or disposed of by the owner without the consent of the district property office.
(10) The lien on the land covered by the land modification shall be transferred to the land which has been transferred to the holding under the approved design. The right to pre-purchase with material effects on the land covered by the land modification shall cease to exist by approving the land modification proposal if it does not affect between the beneficiary of the right to pre-purchase and the owner of the land bound by the right to purchase another arrangement.
(11) The approved proposal for complex land-use modifications is a binding basis for land planning documentation.
Implementation of land treatment
(1) On the basis of an approved land modification proposal, the district land office shall, in agreement with the owners of the land and taking into account the financial collateral provided by the State budget, establish the procedure for the implementation of the land modification.
(2) The County Land Authority will ensure that the new land arrangements are set out and marked in the field as required by the owners before the decision is taken pursuant to Paragraph 9 (6). Unless otherwise agreed by the owners of the land, the management of the newly set land after harvest and the implementation of the condition, i.e. usually on 1 October of the current year.
(3) For the construction of field roads, protection and narrowing of the soil fund and other common facilities included in the approved land modification design, a territorial decision on the location of the construction and use of the land may be waived.
(4) Common facilities implemented under land-use arrangements are the municipality in which they are situated, unless otherwise provided for in the decision approving the land-use design.
(5) If, in the course of the land modification procedure, it is necessary to establish access communication to the land before approving the land modification proposal, or other common facilities, the district land office shall proceed according to specific rules. 7) This can only be done with the consent of all owners of the land concerned by the proposed communication or, where appropriate, other joint facilities.
Land-based adjustments in areas with unfinished clearance procedures
(1) The subject of land modifications in the cadastral territories with the pending cumulation procedure shall be all land situated in the cadastral territory in which the cumulation procedure under the previously applicable special regulations (4f) (hereinafter referred to as "coupage ') has not been completed, regardless of the method of their use and the existing ownership and exploitation relations.
(2) In a cadastral territory in which the consolidation and the real estate register have not been completed, the property leads to the land in accordance with the draft building plan, (4f) that the land was owned under this proposal.
(3) After consulting the cadastral office, the district land office may exclude from the land-use treatment the land which is not necessary to achieve the purpose of the land-use treatment and determine the perimeter of the land-use treatment.
(1) The District Land Office shall ensure that an inventory of the land owners' claims (hereinafter referred to as "the list of claims") is drawn up according to their size and price. The basis for drawing up the list of entitlements is data on ownership of land held in the property register. The price of land shall be determined on the basis of the price regulation in force on the date of unloading of the list of entitlements referred to in Article 8 (5) or the type of land held in the former land register prior to the commencement of the cumulation, valued on the basis of the price regulation in force on the date of unloading of the entitlements referred to in Article 8 (5). At the opening meeting, the District Land Office shall determine which of these valuation methods will be followed.
(2) If the data of the assembly operator established with the cadastral office indicate that a party to the assembly did not receive compensation for its land included in the assembly, the district land office may, after consultation with the cadastral office, determine, where appropriate, a claim for land in the area corresponding to the non-refund, if the necessary land area in the area of land modification is available.
(1) If, as a result of the completion of the consolidation of certain land or parts thereof, two or more persons are registered as owners in the real estate register and not for ownership, 4g)
(a) the owner of such land is the person or his successor in title who has been using the land continuously since it was taken over in the formation; or
(b) the owner of such land is the person or his successor in title who was entitled to the property in question prior to the commencement of the cumulation.
(2) Persons to whom ownership under (a) or (b) is not established shall be entitled to compensation.
(3) The person who has acquired the right to compensation under paragraph 1 shall receive:
(a) for a built-up plot or plot intended for the construction of a cash refund if it is not possible to provide another reasonable plot as a replacement. The amount of the cash compensation shall be provided by the district property office in accordance with the applicable price regulation,
(b) for agricultural land and, where appropriate, for forest land, compensation in other reasonable land, according to the original type, before the start of the cumulation.
Where a party to the proceedings has taken over, according to the draft plan, land with which it has entered into the proceedings and which it still owns, the land which is owned by other owners, and the land itself or its successor in title, is still in use and owns a building situated on one of these parcels or is a permanent land (orchards, vineyards etc.) or a garden, the district land office shall decide on the transfer of ownership to the land concerned to its user. The current owner will receive compensation on another parcel according to the type before the start of the consolidation.
In those cases where the sale or expropriation has taken place under the special rules (7) and the refund has been paid only to one of the persons registered as owner of the land (§ 9d (1)) or to the user of the land, if applicable, in a case under § 9e, the rights of the owners (§ 9c) shall be adjusted by increasing the claim to the person who did not receive the refund and reducing the person who received the refund by the appropriate area of the original land of the same type.
(1) The approval of the proposal in the territory in which the cumulation has not been completed shall not require the consent of the landowners concerned by the land treatment.
(2) The decision approving the application in the territory in which the proceedings have not been completed may be appealed to the court by the parties. 4h)
(3) In the event that a person refuses to take over a cash refund, the district property office shall ensure that the corresponding cash amount is lodged in the custody of the court. (4a)
(4) The decision approving the application shall also include the provision for the granting of cash compensation provided for in Article 9d (3).
(5) If a surplus of agricultural land is generated in the total balance sheet for land-use adjustment, the land is owned by the State.
Save as otherwise provided, the land adjustment proceedings in the territory with unfinished clearance shall be carried out in accordance with the other provisions of this Law.
Land use adjustment costs
(1) The costs of preparing and drawing up the design, identifying the plots, drawing up the geometrical plans or, where appropriate, a new set of geodetic information, the cash compensation provided by the county land office under this Act (Sections 6 (10), 8 (17) and 9d (3)), the costs of making the land available by construction or restoration of the field roads and the costs of protecting the soil and protecting the environmental components of the landscape according to the design of land-based adaptations, shall be borne by the State. The method of payment shall be determined by the Ministry of Finance by decree. Other costs of land modification shall be borne by participants; the State may grant them subsidies or subsidies under specific rules. 5)
(2) The cost of preparing and drawing up the proposal and of its implementation, if the implementation of the land-use adjustment is caused by the construction activity, is borne by the builder.
AUDITORS
The system of land offices consists of:
(a) district land offices, which are the separate reports of the district authorities. On the territory of the capital city of Prague and the cities of Brno, Plzeň and Ostrava, the district property office is operated by land offices, which are separate departments of the Municipality of Prague and the Municipality of Brno, Pilsen and Ostrava,
(b) the Central Land Office, which is the Ministry.
Regional Land Office
Regional Land Authority:
(a) carries out activities under Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, or under other special rules,
(b) decide on land-use arrangements and organise their implementation and, where appropriate, implement them itself;
(c) ensure the establishment of land and the establishment of geometrical plans by persons with competence under specific regulations, 6)
(d) coordinate, in cooperation with the zoning authorities, the continuity of the land-use adjustment proposals for residential structures and spatial plans; (7) the creation and protection of the environment and landscape;
(e) submit to the competent cadastral office the documents giving rise to a change in ownership and other property rights, 4e)
(f) provide data on the agricultural land price of the agricultural land, provided that such data are no longer part of the real estate register;
(g) ensure the permanent storage and making available of all documentation of land modifications;
(h) centrates and provides information on land treatment;
(i) ensure changes in maps of charted soil units (Section 8 (8)) for the purposes of uniform management and updating of data on the charted soil units in numerical and mapping terms;
(j) be responsible for the necessary costs associated with the valuation of the items, the identification of parcels and the assessment of the land. 11)
Central Land Authority
Central Land Authority:
(a) process and manage the concept of land treatment;
(b) manage the state administration's performance on the land modification section;
(c) grant official authorisations for the competence to design land-use modifications pursuant to § 8a (2);
(d) provide research, development, education and awareness-raising activities in the field of land treatment and ensure uniform management and updating of data on soil-protected organic units;
e) After consulting the Ministry of Economy of the Czech Republic, it ensures the link of land modifications with the territorial planning documentation of large territorial units (territory crossing the county border),
f) decide according to § 17 paragraph 6 of Act No. 229 / 1991 Coll., as amended,
(g) is the appeal authority against decisions of district land authorities.
FINAL PROVISIONS
Save as otherwise provided for in this law, the land treatment procedure shall be carried out in accordance with the administrative rules. 10)
If the concept of area or area of land is used in this Act, this means the expression of the area of the projection of the plot into the display plane in the metric units.
Transitional provisions
The provisions of this Act shall also apply to land-use treatment initiated prior to its application, unless a decision approving land-use treatment has been taken at the date of application of this Act.
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Regulation Information
| Citation | Full version of Act No. 218 / 1997 Coll., Act of the Czech National Council on Land Modifications and Land Offices (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.1997 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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