Act No. 253 / 2001 Coll.
Act amending Act No. 95 / 1999 Coll., on the Conditions for Transfer of Agricultural and Forestry Land from State Property 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 Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended
Valid
Law
Effective from 25.07.2001
Text versions:
25.07.2001
253
THE LAW
of 27 June 2001
amending Act No. 95 / 1999 Coll., on the Conditions for the Transfer of Agricultural and Forestry Land from State Property 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 Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended
Parliament has decided on this law of the Czech Republic:
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 inheritance tax, donation tax and property transfer tax, as amended, is amended as follows:
1. the words "on 24 June 1991" shall be inserted after the words "on 24 June 1991."
2. in Paragraph 1 (1) (a) (1), the word "forming" shall be replaced by "forming" and the word "belonging" shall be replaced by "belonging."
3. in Paragraph 1 (1) (a) (2), "are" shall be replaced by "were."
4. in Article 1 (1) (a) (3), "are" shall be replaced by "were."
5. in Article 1 (2) (a):
"(a) the practice of the Land Fund in transferring agricultural parcels to beneficiaries who have acquired a right to another land pursuant to Article 11 (2) of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, (hereinafter referred to as" the Land Act ") and to natural or legal persons to whom that right has been transferred or has been transferred (hereinafter referred to as" beneficiaries ");"
6. in Article 2 (1), points (b) and (f), including footnotes 5, 11 and 12, shall be deleted;
Points (c) to (e) shall be renumbered (b) to (d) and points (g) to (k) shall be renumbered (e) to (i).
7. In Article 2 (2), the following sentence is inserted after the first sentence: "In cases referred to in paragraph 1 (d), (f) to (i), the communication is not required and in cases referred to in point (c), only with regard to Article 29 of the Soil Act. '
8. In Paragraph 2, at the end of paragraph 2, the dot is deleted and the following words are added: "or that they were not owned by municipalities on 31 December 1949. '
9. In Paragraph 2, the dot shall be deleted at the end of paragraph 3 and the following words shall be added: "or, where the transferor is not received within the time limit laid down in paragraph 2, the communication from the competent authority, except in the cases referred to in paragraph 1 (a) and (c), as regards Article 29 of the Soil Act. ';
10. In Article 3, the following paragraph 3 is added:
"(3) The transferor cannot, by its internal regulation, restrict the possibility of acquiring land by persons in Sections 5 to 7. '
11. in Article 4 (1) (e):
"(e) a public university providing education in agricultural or forestry fields (hereinafter referred to as the" public university. ")."
12. in Paragraph 4 (2):
"(2) The legal person referred to in paragraph 1 (c) shall be the legal person who is the owner (co-owner) of buildings or buildings which are immovable property; the legal person may acquire only the agricultural parcel referred to in Article 5 (6). ';
13. In Section 5, the words "and users of land in garden or cottage settlements' are added to the title.
14. in Article 5 (1) (b), the words "approved zoning documentation" shall be replaced by the words "mandatory part of approved zoning documentation."
15. in Article 5 (1) (d):
"(d) built by buildings or buildings which are real estate owned by the municipality."
16. In Paragraph 5, the following sentence is added at the end of paragraph 2: "If it is not possible to transfer the land back to the Land Fund because it will be owned by a third party, the municipality shall, within the same time limit, grant to the Land Fund a financial compensation equal to the price of the land established under the Price Regulation (26) in force on the date of conclusion of the contract under which the land was transferred to the municipality. '
17. in Article 5 (3) to (5):
"(3) The land referred to in paragraph 1 shall be transferred, on the basis of a written request from the municipality, to its ownership if, with the exception of land transferred free of charge to the municipality, it has been offered in vain to the beneficiaries. Upon receipt of a request from the municipality, the Land Fund shall immediately offer the land to the beneficiaries, unless it has already done so.
(4) At the written request of a public higher education institution, the Land Fund may transfer to its property free of charge the land which it necessarily needs for the education and teaching of agriculture, veterinary medicine and hygiene or forestry.
(5) At the written request of the authorised user (s) of the land in garden or cottage settlements established by a zoning decision or existing before 1 October 1976, the Land Fund shall transfer the land to that person. All parts and accessories of the land shall be transferred free of charge to the property owned by the transferee. ';
18. In Article 5, paragraphs 6 and 7 are added:
"(6) Upon written request, the Land Fund shall sell to the owner (co-owner) of the building or building which is real estate the agricultural land built in. The Land Fund shall sell to the owner (co-owner) of a building or building which is real estate, an agricultural parcel linked to the land built on that real estate, if the land is functionally related to that real estate and the owner (co-owner) of the real estate is a legitimate user of that property.
(7) Where any of the persons referred to in paragraphs 1, 5 or 6 request the transfer of an agricultural parcel, they shall be satisfied in the following order:
(a) user (s) of the property in garden or cottage settlements;
(b) the owner (co-owner) of the building or building which is real estate;
(c) the municipality. ';
19. footnote 21 shall be deleted;
20. In Article 7, the following paragraphs 5 to 9 are inserted after paragraph 4:
"(5) Challenge referred to in paragraph 4 The Land Fund shall not do so if, among the persons who have requested the purchase of the agricultural parcel, the person who has leased the land from the Land Fund for at least 5 years is on the date of the sale. That person shall have a preferential right before the other persons referred to in paragraph 1 where he applies that right in the application referred to in paragraph 3.
(6) The priority right of sale shall be limited to the area of land which the person referred to in paragraph 5 has leased from the Land Fund on the date of the sale notice referred to in paragraph 2, in such a way that the priority right may only be exercised up to an area not exceeding 50% of the land so leased.
(7) For members of trading companies or members of cooperatives referred to in paragraph 1 (a), the following definitions shall apply: (c) the conditions for the establishment of the priority right referred to in paragraphs 5 and 6 shall be fulfilled by the trading company of which it is a member or by the cooperative of which it is a member. A member of a trading company or a member of a cooperative may exercise his preference under paragraphs 5 and 6 only with the written consent of the trading company of which he is a member or of the cooperative of which he is a member. Such consent concerning a particular parcel shall be annexed to the application referred to in paragraph 3.
(8) If, using paragraph 7, more than one person fulfils the conditions for a priority right to be established and requests a transfer, the Land Fund shall invite them to offer a purchase price within 30 days and then sell the agricultural parcel to the highest bidder.
(9) A person who exercises a preferential right under paragraphs 5 to 8 may in this way purchase a total of 300 hectares of land from the Land Fund. For the persons referred to in paragraph 7, this amount shall be common to members of one trading company or cooperative. ';
Paragraph 5 shall become paragraph 10.
21. In Article 7 (10), the words "and fulfil the conditions laid down in Article 5 or Article 6 in relation to the land transferred" shall be inserted after the words "5 and 6."
22. in Article 7 (10), the following point (a) is added:
"(a) the user (s) of the property in garden or cottage settlements,"
Points (a) to (c) shall be renumbered (b) to (d).
23. In Article 7, the following sentence shall be added at the end of paragraph 10: "By the expired deadline referred to in paragraph 3, the persons referred to in paragraphs 5 and 6 shall be deprived of the right to transfer the agricultural parcel in this way. '.
24. in Paragraph 8 (1):
"(1) The procedure under Section 7 of this Act cannot be repeated. Agricultural parcels which have not been transferred in accordance with the procedure set out in paragraphs 5 to 7 may be sold by the Land Fund to the persons referred to in paragraphs 1 (a), (b) and (d) of Section 4 in a commercial tender; the competition takes place in at least one and at most three rounds. ';
25. Paragraph 9 (1) and (2) shall be deleted, paragraphs 3 to 5 shall become paragraphs 6 to 8 and the following paragraphs 1 to 5 shall be inserted:
"(1) Save as otherwise provided in this Law, the land shall be transferred on a fee or charge basis at a price established under the Price Regulation (26) applicable on the last day of the calendar year preceding the conclusion of the purchase contract pursuant to § 5 (1) or § 6.
(2) In the case of a transfer pursuant to Article 5 (5), land shall be transferred either at the basic price determined according to the bonified soil units plus increases, 26a) or, if the land is not bonified, at the average price per cadastral area under the special legislation26b) plus increases. 26a) In both cases, the price regulation in force on the last day of the calendar year preceding the conclusion of the contract of sale shall apply in determining the price.
(3) For sales under Paragraph 7, the minimum price to be notified at the time of the sale is either the base price of the land determined according to the bonified land-based ecological units reduced by reductions, 26a) or, if the land is not bonified, the average price for each cadastral territory under the special legislature26b) reduced by reductions. 26a) In both cases, the price regulation in force on the last day of the calendar year preceding the publication of the sale shall apply in determining the price.
(4) In the case of sales in a commercial tender, the Land Fund shall fix, for each round of competition, the lowest price of the offer by establishing in the first round the price established in accordance with the price regulation in force on the last day of the calendar year preceding the publication of the sale, the lowest price of the offer may be up to 50% of the price of the first round and in the third round the price may be up to 10% of the price of the first round.
(5) The purchase price must, unless otherwise specified, be paid within 90 days of the effective date of the purchase contract. An amount exceeding the minimum price must be paid within the same time limit.
26a) § 11 of Act No. 151 / 1997 Coll. § 24 paragraphs 1 and 2 of Decree No. 279 / 1997 Coll., as amended.
26b) Decree No. 215 / 1995 Coll., establishing the list of cadastral territories, as amended. '
26. in Article 9 (7), the words "of the price established on the basis of the price regulation (26) in force at the date of conclusion of the contract" shall be replaced by the words "of the purchase price."
27. The last sentence of Paragraph 10 (2) reads: "The pre-law of the State shall not arise in respect of the transfer of agricultural parcels under § 5 (1), (4), (6) and in respect of the transfer to beneficiaries under § 7 (1) (a)."
28. In Article 10 (3), the words "or the burden in kind 'are deleted.
29. The second sentence of Paragraph 13 reads: "The price of the fencing shall be ascertained in accordance with the price regulation 26) applicable to sales pursuant to Sections 7 and 8 on the last day of the calendar year preceding the publication of the sale and, in other cases, on the last day of the calendar year preceding the conclusion of the purchase contract. '
30. in Paragraph 14 (1), "paragraph 2" is replaced by "paragraph 5";
31. In Paragraph 19, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) According to the Act on Soil and the Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended, land in which the property register is owned by the State, which cannot be documented by paper documents, can also be transferred; Paragraph 15 shall apply to such transfers. ';
32. in Paragraph 20 (2):
"(2) The communications by the competent authorities of the State pursuant to § 2 (2) and (3) shall be annexed to the application for the authorisation of the transfer of the right in rem to the property register, unless otherwise provided for in this Law. ';
33. In Article 20, the following paragraph 3 is added:
"(3) If the transferor does not receive a communication from the competent authority of the State within the time limit laid down in Paragraph 2 (2), the application to initiate the procedure for authorising the transfer of the right in rem to the property register shall be accompanied by proof of receipt of the transferor's application to the competent authority of the State. ';
Transitional provision
Processed cases shall be completed according to existing legislation. The transfer provided for in paragraphs 5 and 6 will be deemed to have been completed if the person referred to in these provisions has applied for the transfer of the Land Fund of the Czech Republic and, at the latest by the date of application of this Act, has complied with the statutory conditions for the exercise of the right to transfer. In the case of a transfer pursuant to Sections 7 and 8, the case will be developed if the sale was made before the application of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 253 / 2001 Coll., amending Act No. 95 / 1999 Coll., on the Conditions for the Transfer of Agricultural and Forestry Land from State Property 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 Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.2001 |
|---|---|
| Effective from | 25.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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