Act No. 229 / 2019 Coll.
Act amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended, and other related laws
Valid
Law
Effective from 01.11.2019
Text versions:
01.11.2019
05.09.2019
229
THE LAW
of 14 August 2019
amending Act No. 503 / 2012 Coll., on the State Land Office and amending certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the State Land Authority Act
Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended by Act No. 256 / 2013 Coll., Act No. 280 / 2013 Coll., Legislative Decree No. 340 / 2013 Coll., Legislative Decree No. 344 / 2013 Coll., Act No. 250 / 2014 Coll., Act No. 185 / 2016 Coll., Act No. 225 / 2017 Coll. is amended as follows:
1. In Section 1, paragraph 7 is added:
"(7) The State Property Office shall be the editor of data on soil and environmental units in the basic register of territorial identification, addresses and real estate. The protected soil ecological units are listed in the basic register of territorial identification, addresses and real estate as special purpose territorial elements. The basic register of territorial identification, addresses and real estate shall be maintained on soil and environmental units
(a) identification data which are code of the territorial element and code of the soil-protected organic unit;
(b) localisation data; and
(c) details of links to other territorial elements. ';
2. In Article 3, at the end of paragraph 2, the sentence "The exchange and purchase of land shall take place at a maximum price of 38)."
Footnote 38 reads:
"38) § 2 (1) of Act No 151 / 1997 Coll., as amended."
3. In Article 3 (4), the words "and within 15 working days, a proposal for the deletion of the notes on the inclusion of the land in the reserve referred to in paragraph 1 (b) 'shall be replaced by the words" or, with its written consent, by a State-owned enterprise or its subordinate State-owned entity' and at the end of the paragraph, the sentence "The State Land Office shall, within 15 working days of the date of transfer of the management jurisdiction referred to in the first sentence of the relevant cadastral office, be added to the proposal for the deletion of the note on the inclusion of the land in the reserve referred to in paragraph 1 (b), in which it shall confirm that the reasons for the inclusion of that statement. '.
4. In Article 3, the following paragraph 6 is added:
"(6) Where an administrative procedure has been initiated by the State Land Office pursuant to paragraph 3 and a person has requested the transfer of the agricultural parcel pursuant to § 7, 10, 10a or 10b before its closure, the inclusion of the land in the reserve referred to in paragraph 1 (b) shall take precedence over the satisfaction of the applicants even if they have fulfilled the conditions for the transfer. ';
5. In Paragraph 4 (1), the words "land acquired under Paragraph 15 (3) of the Law 'are replaced by the words" property acquired under the law'.
6. In Section 4, the following paragraph 4 is added:
"(4) The State Land Office does not become a member of the Economic Community, even in the case of affluent land where it is responsible for the joint ownership. According to the first sentence, the affluent parcels receive the status of associated parcels recognised by the socialchase (39).
39) Act No. 449 / 2001 Coll., on hunting, as amended. '
7. In Paragraph 6 (1), at the end of the introductory part of the provision, the words "from State ownership to other persons' shall be added.
8. footnote 7 reads as follows:
"7) § 9 of Act No. 229 / 1991 Coll., as amended. Act No. 403 / 1990 Coll., on the mitigation of the consequences of certain property injustices, as amended. Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, as amended. Act No. 243 / 1992 Coll., adjusting certain issues relating to Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended by Act No. 93 / 1992 Coll. Act No. 428 / 2012 Coll., on property settlement with churches and religious societies and on the amendment of certain laws (Act on property settlement with churches and religious societies), as amended. '
9. in Article 6 (1) (b) (1), the text "Article 3 (4)," shall be deleted;
10. in Article 6 (1) (b), the words "designated by the planning documentation in force or" shall be inserted at the beginning of point 4.
11. in Article 6 (1) (c), the words "designated according to the approved design of land treatment for the construction of field roads and for the implementation of technical, water and ecological measures (9)" shall be replaced by the words "intended for the solution under Article 2 of Act No. 139 / 2002 Coll., as amended, with a note on the opening of land treatment in the cadastral."
footnote 9 is deleted.
12. in Article 6 (1) (f), the words "in the first and second zones of national parks (12)" shall be replaced by the words "in the territory of national parks; Furthermore, agricultural parcels may not be transferred in natural reserves and in natural monuments, with the exception of agricultural parcels whose disposal has been authorised by the Ministry of the Environment under another legislation (12). '
Footnote 12 reads:
"12) Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended."
13. in Article 6 (1), the following point (g) is inserted after point (f):
"(g) land for which an administrative procedure has been initiated by the State Land Office pursuant to Paragraph 3 (3), pending a final decision; or"
Point (g) shall be renumbered as point (h).
14. in Article 6 (1) (h), the words "with the exception of the use referred to in Article 3 (4)" shall be deleted;
15. in Paragraph 8 (1), the words "and according to the current use of the land" shall be added at the end of the second sentence.
16. In Article 8, the words "and according to the current use of the land 'shall be added at the end of the text of paragraph 2.
17. in Article 8, the following paragraph 5 is added:
"(5) The obligations referred to in paragraphs 1 to 3 shall apply for a period of 10 years from the date of the transfer of ownership of the agricultural parcel to the land register for the benefit of the municipality or region. ';
18.Paragraph 10 (1) reads as follows:
"(1) The State Land Office shall, at the request of the municipality in writing, transfer the agricultural parcel or its separate part of the parcel situated in its cadastral territory,
(a) if it is situated in a built-up area or in a built-in area or corridor, and if it is designated by a final decision on the location of the building to be built for the benefit of the municipality, and the builder is the municipality; or
(b) if they are located in a built-up territory and according to a valid territorial plan in the area of public spaces under the Municipality Act. ';
19. in Article 10 (3), at the end of point (a), the word "a" is replaced by "or."
20. in Paragraph 10 (4), the words "At the same time as the agricultural land referred to in paragraph 3, the State Land Office may" shall be replaced by the words "State Land Office may" and the words "real estate" shall be inserted after the words "Co-owner of the building."
21. in Article 10 (5), the word "at the same time" shall be replaced by the words "State Property Office."
22. The following Section 10d is inserted after Section 10c, including the title:
Transfer of construction and related property at the request of the owner of the land
Upon written request, the State Property Office shall transfer to the owner of the land or, where appropriate, to its co-owner, the construction and associated assets which are located on its land. '
23. In Paragraph 12, the words "if it has been offered in vain three times in a public tender pursuant to Section 11a of Act No. 229 / 1991 Coll., as amended, 'shall be added at the end of the text of paragraph 1.
24. Footnote 23:
"23) § 8 of Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral Act). '.
25. In Section 13, the words "and associated assets' shall be inserted after the words" cases'.
26. In Paragraph 13 (1), the words "not forming part of buildings' shall be inserted after the words" land '.
27. in Article 13 (2), the words "and related property" shall be inserted after the words "and related property," the words "which" shall be replaced by the words "which" and the words "for construction" shall be replaced by the words "and related property."
28. In Paragraph 13, the following paragraph 3 is inserted after paragraph 2:
"(3) The State Land Office may sell the agricultural parcels forming part of the buildings and the related property with which it is responsible in a tender for the most appropriate tender; the decisive criterion is the amount of the purchase price offered. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
29. in Paragraph 13 (4), "paragraph 2" is replaced by "paragraphs 2 and 3."
30. In Article 13 (5), the words "and related assets' shall be inserted after the words" cases'.
31. in Article 13 (7), the words "or related property" shall be inserted after the words "cases."
32. In Paragraph 14 (1), the words "and associated assets' and the words" customary 18) 'are replaced by the words "customaries38)'.
33. Paragraph 14 (2), including footnote 40, reads as follows:
"(2) The purchase price must be paid within 60 days of the date of entry into force of the purchase contract. The purchase contract shall take effect on the date of its signature, unless otherwise provided for in other legislation40.
40) Act No. 340 / 2015 Coll., on the Specific Conditions for the Efficiency of Certain Contracts, the Publication of These Contracts and the Register of Contracts (Act on the Register of Contracts), as amended. '
34. Paragraph 14 (3), including footnote 27, is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
35. in Article 14 (4), the words "for cash compensation" shall be deleted;
36. In Article 15 (2), the words "this Act 'are replaced by" Sections 12 and 13 (1)' and the last sentence is deleted.
37. In Paragraph 15 (5), the words "or Act No. 95 / 1999 Coll., on the conditions for the transfer of agricultural and forestry land from state ownership to other persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the inheritance tax, donation tax and property transfer tax, as amended, ';
38. Paragraph 17 (1), including footnote 31, is deleted and paragraph 2 is deleted.
39.V Paragraph 21 (3), as amended "(3) Where the concept of a decision on the location of a building is used in this Act, the amendments to the decision on the location of a building shall also mean joint authorisation and joint permit changes, by which the construction is located and authorised under the building law. '
"(4) Where the concept of a decision on the location of a construction or the amendment of a decision on the location of a construction is used in this Act, this also means a common authorisation by which the construction is placed and authorised under the building law or its amendment. Where the concept of land transfer is used in this Act, this also means the transfer of a joint ownership interest in the land. '
Transitional provisions
1. The State Property Office shall enter the data on the soil and environmental units in the information system of territorial identification within 48 months of the date of entry into force of this Act. Within 54 months of the date of entry into force of this Act, the Czech Land and cadastral office shall ensure that checks are carried out and disagreements between the data on soil-protected organic units entered in the information system of territorial identification and those kept in the property register are removed. The Czech office of surveying and cadastral communication in the Collection of Laws shall declare within 55 months of the date of the entry into force of this Act, the date on which the data on the chartered soil units are entered in the basic register of territorial identification, addresses and real estate.
2. Paragraph 1 (7) of Act No. 503 / 2012 Coll., as effective from the date of the entry into force of the Act, shall apply from the date on which the data on the soil-protected organic units are entered in the basic register of territorial identification, addresses and real estate according to point 1.
3. The deadline pursuant to § 8 (5) of Act No. 503 / 2012 Coll., as effective from the date of entry into force of this Act, also applies to contracts
(a) concluded before the date of entry into force of this Act pursuant to Article 7 (1) or (3) of Act No. 503 / 2012 Coll., as effective before the date of entry into force of this Act; and
(b) on the free transfer concluded pursuant to Article 5 (1) of Act No. 95 / 1999 Coll., on the conditions for the transfer of agricultural and forestry land from state ownership to other persons and amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, and Act No. 357 / 1992 Coll., on the tax on inheritance, donation and property transfer tax, as amended, as amended,
and starts running on the date of entry into force of this Act.
4. The termination and maintenance of the benefits of the instalments granted in respect of contracts concluded before the date of entry into force of this Act pursuant to Act No. 95 / 1999 Coll., as amended, and under Act No. 503 / 2013 Coll., as effective before the date of entry into force of this Act, shall be governed by the second sentence to last Act No. 503 / 2012 Coll., as effective before the date of entry into force of this Act.
5. The membership of the State in the hunting community with the hunting grounds referred to in § 4 (4) of Act No. 503 / 2012 Coll., as effective from the date of entry into force of this Act, shall cease to be the date of entry into force of this Act. Paragraph 4 (4) of this Law shall apply mutatis mutandis to the affiliation and joint ownership of the land with which the State Property Office is competent. Law No. 449 / 2001 Coll., on hunting, as amended, shall apply to determine the right to the share of settlement.
Amendment of the Act on the treatment of property relations with land and other agricultural assets
Act No. 229 / 1991 Coll., on the modification of property relations to land and other agricultural property, as amended by Act No. 42 / 1992 Coll., Act No. 93 / 1992 Coll., Act No. 39 / 1993 Coll., Act No. 183 / 1993 Coll., Act No. 254 Coll., Act No. 75 / 2012 Coll., Act No. 131 / 1994 Coll., Act No. 139 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 131 / 2006 Coll., Act No. 354 / 2004 Coll., Act No. 30 / 1996 Coll., Act No. 272 / 2005 Coll., Act No. 320 / 2002 Coll., Act No. 253 / 2003 Coll., Act No. 354 / 2004 Coll.
1. In Article 11 (3), the words "has become part of a forest fund in a national park or is in the territory of a national nature reserve, protected site, protected park, protected garden, protected study area, 'are replaced by the words" is in the territory of a national nature reserve, natural reserves, national natural monuments, natural monuments,'.
footnote 13 is deleted.
2. In Article 11a (1), the words "or the transfer of a right pursuant to Article 13 (8) (b)" shall be inserted after the word "inheritance."
3. Paragraph 11a (2), including footnote 26, reads as follows:
"(2) The Land Office shall not include in the public tender land whose transfer is prevented by a legal obstacle or land for which a third party has exercised the right to be transferred under special legislation26).
26) For example, § 7 or 10 of Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended, § 20 of Act No. 44 / 1988 Coll., as amended. '
4. in Article 11a (3) (a), the word "binding" shall be deleted and the word "real estate" shall be replaced by "real estate 27)."
Footnote 27 reads:
"27) Article 8 of Law No 256 / 2013 on the cadastral property. '.
5. In Paragraph 11a, at the end of paragraph 3, the dot is replaced by "and 'and the following point (d) is added:
"(d) the address of the establishment unit of the land office designated for receipt of the application."
6. in Paragraph 11a (4):
"(4) The Land Office shall publish on its official record a notice of the opening of a public tender indicating the land by cadastry27) and their price. The first day of the hanging is the day of the announcement of the offer. '
7. In Paragraph 11a (5), "sales' is replaced by" offers'.
8. in Paragraph 11a (6), the word "Regulation 13c)" shall be replaced by "Regulation 26)" and the words "the municipality, at the request of the Land Office, shall also be inserted on the official plate of the Municipal Office," shall be replaced by "the Land Office, by the word" hanging on its official plate. "
9. In Paragraph 11a, the sentence "Where a person applying for a transfer of land submits one or more applications within the framework of a single public tender, the sum of the prices of the land requested shall be higher than the total amount of the claims of that person in those applications, all such applications shall be invalid. '
10. in Paragraph 11a (9), "paragraph 13" is replaced by "paragraph 14."
11. in Article 11a (10), the words "or the transfer of a right pursuant to Article 13 (8) (b)" shall be inserted after the word "inheritance."
12. in Article 11a (11), the words "or a separate part thereof in the form of parcels" shall be inserted after the words "land."
13. in Paragraph 11a, the following paragraph 12 is inserted after paragraph 11:
"(12) If the beneficiary is the owner or co-owner of the land of which the building was separate up to 31 December 2013, the land or its separate part in the form of a parcel may be transferred to him outside the public tender if it is functionally related to the building. Under the same conditions, the land may also be transferred to its successor in title outside the public tender. '
Paragraphs 12 to 15 shall be renumbered paragraphs 13 to 16.
14. in Article 11a (13), the word "Regulation 13c)" shall be replaced by "Regulation (26)."
15. in Article 11a (15), "paragraph 13" is replaced by "paragraph 14."
16. in Paragraph 11a (16), the words "only once" shall be replaced by "not more than three times."
17. the following Article 11b is inserted after Article 11a:
The right of beneficiaries referred to in Article 4 to which, under this Act, land withdrawn in the manner referred to in Article 6 (1) or (2) may not be disposed of, unless otherwise provided for in the law, by transfer of land which is solely within the jurisdiction of the management of the land office. '
18. In Section 12, the word "financial 'is replaced by" cash'.
19. Paragraph 14 (8) is deleted.
Paragraph 9 shall become paragraph 8.
20. in Article 15 (7), the text "Article 11 (2)" is replaced by "Article 11a."
21. In Paragraph 16 (1) of the introductory part of the provision, the text "(Paragraph 14 (9))" is replaced by "(Paragraph 14 (8))."
22. In Paragraph 18 (1), the word "Fund 'is replaced by" State budget'.
23. in Paragraph 20 (7), "Ministry of Agriculture of the Czech Republic" is replaced by "Ministry of Agriculture."
24. in Article 21a (3), the words "relating to the procedure for the issue of land in the possession of the beneficiary or the granting of compensation under this Law" shall be inserted after the word "land."
25. in Article 22 (3), the word "Ministry" is replaced by the word "Ministry."
26. in Paragraph 23 (3), "Ministry of Agriculture of the Czech Republic" is replaced by "Ministry of Agriculture."
27. in Article 28b (2), "Ministry" is replaced by "Ministry."
Transitional provision
The non-transferred land which was the subject of public tenders held before the date of entry into force of this Act can be included in the public tender in accordance with § 11a (16) of Act No. 229 / 1991 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on fines and bonds for non-compliance with the laws governing the transformation of agricultural cooperatives and the correction of property injustices in the area of ownership of land and other agricultural property
In Article 3 of Act No. 39 / 1993 Coll., on fines and bonds for non-compliance with laws governing the transformation of agricultural cooperatives and the correction of property injustices in the area of property relations with land and other agricultural property, as amended by Act No. 320 / 2002 Coll. and Act No. 503 / 2012 Coll., paragraph 5 is added as follows:
"(5) Where the State Property Office is unable to return the bail referred to in paragraph 1 or 2 or part thereof to a obliged person, legal person, entity or body established under a special law or cooperative (hereinafter referred to as" the bail-in complex ') on the grounds that the bail-out has ceased to exist without a legal successor, or that the deposit-in-kind has not been established within 2 years of the date of entry into force of this provision, the bail-in referred to in paragraph 1 or 2 shall become the revenue of the State budget.';
REPEAL PROVISIONS
Government Regulation No. 65 / 2016 Coll., amending Government Regulation No. 218 / 2014 Coll., on the provision of state land for the implementation of state development programmes, is hereby repealed.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 229 / 2019 Coll., amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.2019 |
|---|---|
| Effective from | 01.11.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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