Decree No. 28 / 1945 Coll.
Decret of the President of the Republic on the settlement of agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers
Valid
Effective from 26.07.1945
28.
Decret of the President of the Republic
of 20 July 1945
on the settlement of the agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers.
On the proposal of the Government,
Agricultural property confiscated according to the decree of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak peoples, and belonging to the National Land Fund, shall be established, unless they are divided in terms of the confiscation decree, by allocating land to eligible candidates (§ 2) from regions in which land shortages or in which agricultural conditions are unfavourable.
(1) A member of the Czech, Slovak or other Slavic people, statestically and nationally reliable, may be requested to allocate land in the context of the settlement:
(a) a deputante and an agricultural worker,
(b) a farmer with an area of up to 13 hectares of agricultural land, if he submits the land with the relevant buildings to the National Land Fund; with other property it can load freely,
(c) members of the farmer's family referred to in point (b) if they are executive farmers and have reached the age of 18;
(d) a productive agricultural cooperative, made up of eligible applicants referred to in (a), (b) or (c);
(e) municipalities, counties and the State for public purposes;
(f) other than (a) mentioned workers, public and private workers, retailers and socially weak members of the professions for the construction of their own house or for the establishment of a garden, up to 0,5 ha.
(2) Soil surrendered pursuant to paragraph 1, point (b) (b) The National Land Fund shall be distributed under the conditions laid down in the Decree of the President of the Republic No. 12 / 1945 Coll., after that decree.
(3) The allocation of land under the settlement may also be claimed by persons resident in the place of confiscated property if they comply with the conditions referred to in paragraph 1 and undertake to carry out any valuation of the land.
The priority of the land allocation under this decree is authorised by applicants who have won and earned national liberation combat, in particular soldiers and partisans, former political prisoners and deportees, their family members and legal heirs, as well as peasants, damaged by war. The preconditions of the priority right of allocation shall be duly demonstrated.
(1) Authorised tenderers shall submit an application for allocation to the local peasant commission concerned.
(2) The County Farmers' Commission will examine the requests for the land allocation to be settled and forward them to the Regional National Committee as a matter of urgency, which will submit the applications without delay to the Ministry of Agriculture with its due consideration.
(3) The Ministry of Agriculture directs the central settlement within the framework of the rules of the Decree of the President of the Republic of 17 July 1945, No 27 Coll., on the uniform management of the internal settlement, and allocates, taking into account the circumstances set out in the application, the co-operation of the county peasant committees and the relevant regional national committees, as appropriate and the possibility for eligible tenderers to land in the area:
(a) up to 8 hectares of arable land or up to 12 hectares of agricultural land according to its bonita;
(b) a multi-member family (at least 3 children) up to 10 hectares of arable land or up to 13 hectares of agricultural land according to its creditworthiness, preferably with appropriate facilities (economic buildings, live and dead investors) and, where possible, integrated.
(4) Large economic buildings, machinery and the like, either allocated wherever possible, for a more appropriate use to the ownership of cooperatives made up of allocations.
(5) The Ministry of Agriculture and the Regional National Committees send to the county peasant committees the auxiliary bodies which assist in the technical work of allocation.
(1) The allocation shall take up the holding on the day specified in the land allocation decision.
(2) The land allocated shall be transferred from the day on which the holding is taken over to the ownership of the allocation. The allocation is required to manage in person on the allocated land. It may be stolen, rented or otherwise used only in exceptional cases and only with the approval of the National Land Fund. The land allocated shall not be burdened without the permission of the National Land Fund, which may allow the load only in cases of special consideration.
In regions where the current agricultural production method is unprofitable and where objective conditions require the necessary reorientation of agricultural production (mountain counties and others), the occupied land remains in the management of the National Land Fund until the decision to reorient agricultural production in the region concerned.
(1) Agricultural property shall be allocated to property for remuneration determined on the basis of the yield, location, distance and cultivation status of the land, the family allocation ratios and, in the cases referred to in § 2 (1) (b), taking into account the value of the land surrendered, taking into account:
(a) at least the value of one average annual crop per proposed area of land;
(b) not more than two average annual crops per proposed area of land.
(2) The value of the land surrendered [Paragraph 2 (1) (b)] will be determined in accordance with the principles set out in paragraph 1.
(3) The remuneration for the buildings allocated is to be set at between one and three years' rent on the buildings allocated. The rent may in any case be expressed in kind. The remuneration for the allocated live and dead inventory and other facilities will be determined in accordance with the guidelines drawn up by the national committees of the Land and approved by the Ministry of Agriculture.
(4) If the allocation does not, at the same time as the allocated land, receive the necessary buildings and facilities and there is no evidence that the National Land Fund has any possibility of taking action from its own resources, it may receive a cheap long-term loan.
(5) The National Land Fund may, in part or in full, waive the remuneration of an allocation which has surrendered the land under Paragraph 2 (1) (b).
(1) Determined remuneration (Section 7) will be paid to the tenderer according to economic possibilities, either:
(a) on a one-off basis, within 12 months at the latest from the receipt of the holding of the allocation, money or in kind; or
(b) in instalments, in cash or in kind as follows:
10% of the remuneration shall be paid on receipt of the land allocated. On a proposal from the District National Committee (Regional Administrative Commission), after the completion of the local peasant commission, the National Land Fund may allow a deferral of the first instalment for no more than 3 years; the outstanding remuneration is due under the repayment plan drawn up by the National Land Fund, no later than 15 years after the date of receipt of the holding of the assets allocated.
(2) In cases of special consideration and social justification, the National Land Fund may, following an investigation by the competent national committees and the peasant commissions, waive the remuneration and the agricultural assets concerned free of charge, in particular to the persons referred to in Section 3.
The remuneration paid by the Allowances of the National Land Fund (§ 7) will be used by the Fund to pay the debts and liabilities relating to confiscated assets, provided that such debts and liabilities are recognised and taken over by the National Land Fund, further to mitigate the war and damage caused to the assets of farmers persevelled at the time of occupation for reasons of national, political or racial status, to increase agricultural production and to internal settlement. The surpluses of the National Land Fund fall into the Treasury.
(1) All expenditure and charges relating to the confiscation and allocation of land, the transfer of own property to the National Land Fund (§ 2 (1) (b)) are included in the remuneration provided for in Article 7, with the rail transport of the allocation and their families and inventories to the land allocated, as well as the library transfer of ownership allocated and exchanged.
(2) The entries in the land register necessary for the implementation of the allocation and, after the surrender of land (§ 2 (1) (b)), will be provided by the National Land Fund.
(3) Transfers of ownership, carried out under this decree, and the relevant submissions to the courts and offices shall be exempt from the stamps, fees, taxes and levies.
The Government is hereby authorised to provide financing for internal settlement.
This decree takes effect in Czech countries on the day of its publication; It shall be implemented by the Minister for Agriculture in agreement with the Ministers for Finance, Interior, Justice, Transport and Nutrition.
Dr Beneš v. r.
Fierlinger v. r.
Nosek v. r.
Děuriš v. r.
Dr. Šrobár v. r.
Gen. Hasal v. r.
Dr Stránská v. r.
Majer v. r.
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Regulation Information
| Citation | Decree No. 28 / 1945 Coll., on the settlement of agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.1945 |
|---|---|
| Effective from | 26.07.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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