Act No. 280 / 2013 Coll.
Act amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended, and Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended
Valid
Law
Effective from 01.10.2013
Text versions:
01.10.2013
10.09.2013
280
THE LAW
of 21 August 2013
amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended, and Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the State Land Office and amendment of certain related laws
Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, is amended as follows:
1. In Article 6 (1), the words "or Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended," shall be inserted after the words "This Act."
2. in Article 7 (1) (a), (b) and (c), the words "or housing construction" shall be added after the words "if they are intended for public construction."
3. In Section 8, the following paragraph 1 is added:
"(1) In the event of a change in the planning documentation or a change in the decision on the location of the construction on the basis of which the property was transferred free of charge to the municipality, which would not have been a public object or a building for housing, the municipality is obliged to transfer the agricultural parcel back under the same conditions as that under which it was transferred to the municipality within 90 days of the date of the acquisition of the legal power of the change of the zoning plan or of the change of the regulatory plan or the acquisition of the legal power of the decision on the location of the construction. If it is not possible to transfer the land back because it will be owned by a third party, the municipality shall, within the same time limit, grant financial compensation to the State Land Authority equivalent to the price of the land established under the pricing regulation (18) in force on the date of conclusion of the contract under which the land was transferred to the municipality. The same applies in cases where the land was transferred free of charge to the municipality in accordance with § 7 (1) (e) and the land was not used to implement the green land. '
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
4. in Article 8 (2), the words "the municipality referred to in Article 7 (1) (a), (b) or (c) 'are deleted;
5. In Paragraph 8 (2), the words "the municipality or the region is obliged 'are replaced by the words" the region is obliged'.
6. In Paragraph 8 (2), "to the municipality or 'is replaced by" to'.
7. In the second sentence of Paragraph 8 (2), the words "the municipality or 'are deleted.
8. In Article 8 (3), "paragraph 1 'is replaced by" paragraph 2';
9. In Article 8 (3), the words "the municipality referred to in Article 7 (1) (e) or 'are deleted.
10. In Section 9, the words "Agricultural parcels under Sections 10 to 13 may only be transferred to 'are replaced by the words" Unless otherwise provided for in this Act, agricultural parcels under Sections 10 to 13 may only be transferred to'.
11. In Paragraph 12, the following sentence is added at the end of paragraph 3: "This shall not apply where agricultural parcels are situated in a built-up or built-up area of the municipality. In that case, agricultural parcels shall be transferred at a normal price. '
12. in Article 12 (5) (b), "8" is replaced by "9."
13. in Paragraph 12 (5) (c), "9" is replaced by "10."
14. In Article 12 (6), the first sentence is replaced by the following: "In other cases where at least two persons have lodged an application, the State Property Office shall invite those persons to do so within a reasonable period to be specified to them."
15. In Article 12, the following paragraph 7 is inserted after paragraph 6:
"(7) Where only one person has requested a transfer, the State Property Office shall confirm in writing to that person without undue delay that the land will be transferred to it at the declared purchase price on the basis of a purchase contract, the text of which has been published in accordance with paragraph 2 and which the applicant is obliged to close within the period, form and manner referred to in Article 16 (3). ';
Paragraphs 7 to 12 shall be renumbered paragraphs 8 to 13.
16. in Article 12 (11), "9" is replaced by "10."
17. in Article 13 (1), the words "10 to" shall be deleted;
18. In Article 14 (3), the sentences of the fourth and fifth are deleted and at the end of the paragraph the sentence "The advantage granted shall not cease if the farm operator transfers the undertaking, including the land, to a relative in a series of direct, siblings or spouse, or where the acquirer transfers or transfers the land to a company or cooperative of which he is a partner or member and who operates on the land concerned. The transfer to such a person shall be notified by the acquirer to the State Land Office within 30 calendar days of the date on which it has been notified by the cadastral authority of the transfer of ownership for the benefit of the new owner and shall demonstrate to the State Land Office that the new acquirer is related in a series of direct, sibling, spouse or a cooperative of which he is a member or member and who is resident on that property. ';
19. in Article 15 (3), the word "payment" is replaced by the word "payment."
20. In Article 15, the following paragraph 7 is added:
"(7) The transferee of the land may transfer the land to the company or cooperative of which he is a member or member and which he manages on that land; such transfer shall not be subject to the pre-financing law of the State referred to in paragraph 2. Until the period of 5 years laid down in paragraph 2, the new acquirer shall also be counted against the time elapsed from the date of the transfer of ownership of the land to the cadastral for the benefit of the original acquirer. ';
21. In Paragraph 20 (2), the words "or Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., as amended," shall be inserted after the words "This Act."
22. In Article 20 (4), the words "or Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., as amended," shall be inserted after the words "this Act."
23. In Article 20 (5), the words "or Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., as amended," shall be inserted after the words "This Act."
24. In the second sentence of Paragraph 22 (15), the words "or the State Land Office 'shall be inserted after the words" property owner'.
25. in Article 22, the following paragraph 20 is added:
"(20) Communication and verification by the competent authorities of the state administration carried out pursuant to Article 2 of Act No. 95 / 1999 Coll., as effective until the date of entry into force of this Act, or carried out pursuant to Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., as amended, may be used for transfers under this Act."
26. In Article 23, the following point 32 is inserted after point 31:
'32. Decree No 9 / 2000 Coll., laying down the method of reimbursement of the costs associated with the transfer of certain State-owned agricultural and forestry land. '
Point 32 is renumbered point 33.
27. in Article 23, the following points 34 to 39 are inserted after point 33:
'34. Government Decree No. 1 / 1999 Coll., laying down rules on the granting of aid in agriculture to compensate partially for adverse economic effects.
35. Government Decree No. 4 / 1999 Coll., on the use of part of income of the Land Fund of the Czech Republic to promote the export of slaughter pigs, as amended.
36. Decree of the Government No. 88 / 1999 Coll., on the use of another part of the income of the Land Fund of the Czech Republic to promote agriculture to partially compensate for adverse economic effects.
37. Government Regulation No. 201 / 1999 Coll., laying down rules on the grant of grants to strengthen milk consumption for pupils of first and second classes of primary schools and amending Government Regulation No. 4 / 1999 Coll., on the use of part of the income of the Land Fund of the Czech Republic to promote the export of slaughter pigs.
38. Government Decree No 359 / 2000 Coll., on the use of part of the income of the Land Fund of the Czech Republic for the implementation of the Rural Recovery Programme, for the promotion of suckler cows, for the promotion of sheep farming, for the management of excess milk fat, for the processing of domestic raw honey and for the promotion of the management of the honey market in 2000.
39. Government Decree No. 390 / 2003 Coll., laying down rules on the use of the income of the Land Fund of the Czech Republic to promote the restoration of hives. "
Amendment of forest law
Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended by Act No. 238 / 1999 Coll., Act No. 67 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 167 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 501 / 2012 Coll.
1. In Article 4 (3), "Article 11a 'is replaced by" Article 11 (2)';
2. In Article 4 (7), "3 'is replaced by" 9'.
3. in Article 4 (8), "3 and 7 'is replaced by" 3 and 9';
4. In Paragraph 4 (10), "7 'is replaced by" 9'.
Amendment of the Act on the treatment of property relations with land and other agricultural assets
In Article 22 of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural assets, as amended by Act No. 93 / 1992 Coll., Act No. 183 / 1993 Coll., the Constitutional Court's finding, published under No. 29 / 1996 Coll., Act No. 139 / 2002 Coll. and Act No. 254 / 2011 Coll., paragraph 9, including footnote No 23c, is deleted.
Paragraph 10 shall become paragraph 9.
Amendment of the Land Adjustment Act and Land Authorities
Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, as amended, Act No. 309 / 2002 Coll., Act No. 53 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll. and Act No. 503 / 2012 Coll., is amended as follows:
1. In the second sentence of Section 1, the words "Regional Land Office 'are replaced by the words" Regional Land Office Branch'.
2. In Paragraph 3 (3), the following sentence is inserted after the second sentence: "If the owners do not express their views within the time limit set by the Land Authority, they shall be deemed to agree to a solution in land-based adjustments."
3. In the first sentence of Article 3 (4), the words "the adoption of laws on this property (8) 'are replaced by the words" the decision pursuant to Article 11 (4)' and the last sentence is replaced by the words "the newly created land under the approved proposal shall be regarded as originating property under the special legislature8). This fact shall be indicated in the decision issued pursuant to Paragraph 11 (8) for the purpose of identifying the property register. ';
footnote 8:
"8) § 2 (a) of 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)."
4. In the last sentence of Paragraph 9 (7), the words "concerning the land to be handled," shall be deleted.
5. In the first sentence of Article 9 (11), the words "the College or the owners, if the College is not elected, and 'shall be deleted and the first sentence shall be followed by the phrase" the Land Office shall, before submitting the joint establishment plan to the Assembly of the Municipality, be demonstrably informed of that plan by the College of Representatives or Owners, if the College is not elected. "
6. In the first sentence of Paragraph 9 (13), the word "municipality 'shall be deleted and the last sentence shall be replaced by the words" If the reasons for the remark have passed, the cadastral office shall cancel the note on the basis of a proposal from the Land Authority'.
7. In the second sentence of Paragraph 10 (2), the words "but this amount must not exceed 10 000 CZK ', the sentence of the fourth words" and the county does not own any other land in the area of land treatment' and the sentence of the seventh is deleted.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Germany
Zeman v. r.
Rusnok v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 280 / 2013 Coll., amending Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws, Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended, and Act No. 229 / 1991 Coll., on the modification of property relations to land and other agricultural property, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2013 |
|---|---|
| Effective from | 01.10.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0