Full text of Act No 366 / 2003 Coll.
Full text of the Act on the conditions for the transfer of agricultural and forestry land from State ownership to other persons, as resulting from subsequent amendments
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366
PRESIDENT OF THE GOVERNMENT
Announces
the full text 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 Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended, as resulting from the amendments made by Act No. 253 / 2001 Coll. and Act No. 253 / 2003 Coll.
THE LAW
on the conditions for the transfer of State-owned agricultural and forest land to other persons
Parliament has decided on this law of the Czech Republic:
Scope of the law
(1) The object of the transfer of agricultural and certain forest land from State ownership to other persons under this Act may be:
(a) Land owned by the State and in sej1) Land Fund of the Czech Republic (hereinafter referred to as the Land Fund), which on 24 June 1991
1. consist of or belong to the agricultural land fund, 2); or
2. have been built by residential, economic or other buildings belonging to the original agricultural estate; or
3. have been built by residential, economic or agricultural buildings or related water management
("agricultural parcels'),
(b) land intended for the performance of forest functions (3) (hereinafter referred to as forest land) owned by the State as defined in § 17;
(c) land acquired for the management of the Land Fund under special legislation. 3a)
(2) This Act provides for:
(a) the procedure of the Land Fund for the transfer of agricultural parcels to authorised persons under 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,"
- which has acquired a right to another land under Paragraph 11 (2) of the Land Act,
- which could not have been issued land owned by a natural person who acquired it from the State, since that person is not a compulsory person within the meaning of Section 5 of the Land Act,
and to natural or legal persons to whom that right has been transferred or has been transferred (hereinafter referred to as the "authorised persons'),
(b) the conditions for the transfer of agricultural parcels to other persons.
(1) No transfer can be made under this Act
(a) agricultural or forestry parcels for which a right has been exercised under the special legislation4) and whose issue has not yet been decided;
(b) agricultural and forestry parcels, or parts thereof, designated by an approved territorial plan (6) or by decision on the location of construction (7) to build public-interest buildings (8), already built, with the exception of agricultural parcels transferred pursuant to § 5 (1) and (2), agricultural parcels intended or already used to establish technical equipment networks (8a) and forest parcels transferred pursuant to § 18;
(c) agricultural and forestry parcels the transfer of which is prevented by special regulations, 9)
(d) agricultural parcels designated according to an approved proposal for a comprehensive land treatment for the construction of field roads and for the implementation of technical, water and ecological measures, 10)
(e) agricultural parcels whose transfer to other persons has been decided pursuant to a special rule, 13)
(f) forest land in the woods of conservation and special destination (14), except for the co-ownership of the State;
(g) forest parcels in forests (15) with a continuous area of more than 10 ha;
(h) agricultural and forest land in military estates, 16)
(i) agricultural and forest land in national natural monuments, national natural reserves and in the first and second zones of national parks.
(2) At the request of the transferor, the competent authorities of the State shall communicate in writing, within 30 days, whether the land marked by the property register to be transferred under this Act is excluded from the transfer pursuant to paragraph 1; the communication shall not be issued in administrative proceedings. In cases referred to in paragraph 1 (d), (f) to (i), and in cases referred to in point (c), the communication shall be required only in respect of Article 29 of the Soil Act.
(3) The competent cadastral office shall, at the request of the Land Fund, verify within 30 days that the land after 25 February 1948 has not been transferred or transferred to the State from the ownership of the church, religious society, order or congregation or that it was not owned by the municipalities on 31 December 1949.
(4) For land registered in the property register by decision on the exchange or transfer of property rights pursuant to Article 11 (8) of Act No. 139 / 2002 Coll., on land modification and land offices and amending Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended, the verification provided for in paragraph 3 is not required.
(5) The agricultural and forestry parcels referred to in paragraph 1 may be transferred under this Law if the reasons for the transfer are omitted or if the transferor is not served within the time limit set in accordance with paragraph 2 by a communication from the competent authority, except in the cases referred to in paragraph 1 (a), (c) and (i).
Converter
(1) Agricultural land is transferred to the transferee by the Land Fund under the conditions laid down by this Law.
(2) Forest land is transferred to the acquirer by the legal person entrusted with the management of State-owned forests, 17) (hereinafter referred to as the "authorised legal person").
(3) The transferor cannot by its internal regulation restrict the possibility of acquiring land by persons in Sections 5 to 7.
Purchaser
(1) The acquirer of agricultural parcels may only:
(a) a natural person who is a national of the Czech Republic, 18)
(b) municipality, 19)
(c) the legal person referred to in paragraph 2;
(d) an authorised person whose claim, expressed in crowns, is at least 50% of the price of the land under the price regulation applicable on the last day of the calendar year preceding the conclusion of the purchase contract, in the case of transfers pursuant to Article 7 from the minimum price and in the case of transfers pursuant to Article 8 from the price of the land under the price regulation applicable on the last day of the calendar year preceding the publication of the sale,
(e) a public university providing education in agricultural or forestry fields (hereinafter referred to as "public university").
(2) The legal person referred to in paragraph 1 (c) shall be the legal person who is the owner (co-owner) of real estate buildings; the legal person may acquire only the agricultural parcel referred to in Section 5 (5).
(3) Only a municipality or a public university may acquire forest land.
Transfers of agricultural parcels
Transfer to municipalities, owners of buildings and users of land in garden or cottage settlements
(1) If the transfer of the right of third parties is not prevented, the Land Fund will, at the request of the municipality, transfer the agricultural land in its cadastral territory to its ownership.
(a) in the concurrently built territory of the municipality, 20)
(b) in a stoppable territory (20) so defined by a binding part approved by the planning documentation;
(c) designated by the decision to place the building for construction,
(d) built by real estate buildings or buildings owned by the municipality;
(e) identified by a binding part approved by the territorial planning documentation for the implementation of the green in the concurrently built or stalled territory of the municipality.
The land referred to in points (a), (b) and (c) intended for the construction of public housing or housing and land referred to in points (d) and (e) shall be transferred free of charge by the Land Fund to the municipality.
(2) In the event of a change in the planning documentation or a change in the decision on the location of the building on the basis of which the property was transferred free of charge to the municipality, by which the intended construction would not be public-interest or residential construction, the municipality is obliged to transfer the agricultural parcel back to the Land Fund under the same conditions as that under which it was transferred to the municipality within 90 days of the entry into force of the generally binding municipal decree amending the binding part of the planning documents or the acquisition of legal authority of the decision on the location of the construction. If the land cannot be transferred 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 Code (26) in force on the date of conclusion of the contract under which the land was transferred to the municipality. The same shall apply in cases where the land was transferred free of charge to the municipality in accordance with paragraph 1 (e) and the land was not used in green form.
(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 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.
(5) Upon written request, the Land Fund shall sell to the owner (co-owner) of the building, which is real estate, the agricultural parcel on which the building is located, if the land is functionally linked to that construction and the owner (co-owner) of the building is a legitimate user of that land. The Land Fund shall sell to the owner (co-owner) of the building, which is real estate, an agricultural parcel adjacent to the land on which the building is located, provided that the land is functionally linked to the building and that the owner (co-owner) of the building is a legitimate user of that land.
(6) Where any of the persons referred to in paragraphs 1, 4 or 5 request the transfer of an agricultural parcel, they shall be satisfied in the order of:
(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.
Transfer to owner of adjacent land
(1) Upon written request, the Land Fund may sell the agricultural parcel to the owner (s) of the adjacent agricultural parcel. However, an agricultural parcel whose area exceeds 10% of the area of the adjacent agricultural parcel of the owner (co-owners) may not be sold.
(2) Where several owners (co-owners) of agricultural parcels which comply with the conditions referred to in paragraph 1 request the sale of agricultural land, the Land Fund shall invite them to offer a purchase price (Section 9 (1)). According to the amount of the purchase price offered, the Land Fund shall establish the ranking of persons and then sell the agricultural parcel to the highest bidder in the order. If this person does not conclude a contract within the prescribed time limit (Paragraph 11 (3)), the Land Fund will gradually call for the conclusion of the purchase contract of the person at other places in order.
(3) In the event that some of the offered purchase prices referred to in paragraph 2 are identical, the Land Fund shall invite persons offering the same offers to submit new tenders, stating that the newly offered price may not be lower than the price offered in agreement. The newly offered price does not affect the ranking of other persons already established.
(4) The agricultural parcel may be sold in accordance with paragraphs 1 and 2 even if the joint owner of the adjacent agricultural parcel so requests.
Transfers to self-employed farmers, landowners, business associates, cooperative members and beneficiaries
(1) The Land Fund may sell agricultural parcels
(a) authorised persons,
(b) self-employed farmers, (22) who have been shown to carry on agricultural production for at least 36 months on land of at least 10 hectares in the cadastral territories of the municipality or in the cadastral territory adjacent to the cadastral territory in which the land to be sold belongs;
(c) members of trading companies or members of cooperatives operating agricultural production for at least 36 months on land in the cadastral territories of the municipality or the cadastral territory adjacent to the cadastral territory in which the land to be sold belongs;
(d) persons referred to in Article 4 (1) (a) who own at least 10 hectares of agricultural land in the cadastral territories of the municipality or in the cadastral territory adjacent to the cadastral territory in which the land to be sold belongs.
(2) The Land Fund shall communicate to the municipality in whose territorial district the agricultural parcel sold is to be posted on the official plate of the municipal authority (19) the notice of commencement of the sale referred to in paragraph 1, indicating the land by land register. 23) The first day of hanging up is the day of the sale. Information on the announcement of sales will be published by the Land Fund at least a week in advance in the national press. The notification of the withdrawal of land from the sale shall also be published on the official record of the municipal office.
(3) The persons referred to in paragraph 1 may apply in writing for the purchase of agricultural land by the Land Fund within 1 month of the date of publication of the sale.
(4) If they request the purchase of more than one agricultural parcel, the Land Fund shall invite them to offer a purchase price. According to the amount of the purchase price offered, the Land Fund shall establish the ranking of persons and then sell the agricultural parcel to the highest bidder in the order. If this person does not conclude a contract within the prescribed time limit (Paragraph 11 (3)), the Land Fund will gradually call for the conclusion of the purchase contract of the person at other places in order. In the event that some of the sales prices offered are identical, Paragraph 6 (3) shall apply mutatis mutandis.
(5) Challenge referred to in paragraph 4 The Land Fund shall not do so where the persons who have requested the purchase of an agricultural parcel are entitled to the benefit of the transfer by not issuing the land or parts thereof situated in the cadastral territory of the municipality or the cadastral territory adjacent to the cadastral territory in which the land to be sold belongs and the financial value of the claim represents at least 70% of the minimum price of the land to be sold, or the person who has leased the land from the Land Fund on the date of the sale and, for a period of 36 months before the sale, was the lessee the lessee or the land. Within the required period of 36 months, the period during which the lessee or the lessee of the land was the legal predecessor of the current lessee shall be included. Such persons shall have a preferential right of sale before the other persons referred to in paragraph 1, in such a way that, in the first place, they shall be the beneficiary and in the second place the lessee, if they apply that right in the application referred to in paragraph 3.
(6) The lease or lease condition shall be deemed to have been fulfilled even if the person exercising the right of priority under the lease has, for a specified period of time, held an agricultural parcel of the State's property corresponding to the size in the cadastral territory of the municipality to which the land (s) to be sold is the land-use treatment in question, resulting from a decision on the exchange or transfer of ownership rights.
(7) The person who will exercise the priority right of transfer by way of lease may in this way acquire land (s) up to a maximum of 70% of the area of land offered for sale for which he fulfils the conditions for the establishment of a preferential right on the date of the sale. Where a person exercising a priority right under the lease fulfils the conditions for the establishment of a priority right only on one parcel, the restriction referred to in the first sentence shall not apply. The total area of land acquired by way of a preference right under the lease is limited to a maximum of 500 ha. For the persons referred to in paragraph 1 (c), this amount shall be common to members of one trading company or members of one cooperative.
(8) 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.
(9) Where more than one beneficiary or more persons by way of lease fulfil the conditions for a priority right and apply for a transfer, the Land Fund shall invite beneficiaries meeting the conditions for the priority right to transfer, or, in the event that the transfer has not been requested by the beneficiaries using the priority right, persons meeting the conditions for the priority right to be granted by virtue of the lease, to offer a purchase price. According to the amount of the purchase price offered, the Land Fund shall establish the ranking of persons and then sell the agricultural parcel to the highest bidder in the order. If this person does not conclude a contract within the prescribed time limit (Paragraph 11 (3)), the Land Fund will gradually call for the conclusion of the purchase contract of the person at other places in order. In the event that some of the sales prices offered are identical, Paragraph 6 (3) shall apply mutatis mutandis.
(10) If, within 1 month of the date of publication of the sale, they apply for the transfer of a person in accordance with § 5 and 6 meeting the conditions laid down in § 5 or § 6, they shall take precedence over the candidates in accordance with § 7, respectively.
(a) user (s) of the property in garden or cottage settlements;
(b) owner of the building;
(c) the municipality,
(d) owner of the adjacent agricultural parcel
the transfer is carried out in accordance with the conditions set out in § 5 or § 6. If the persons referred to in § 5 or § 6 do not apply for a transfer pursuant to § 5 and 6 within 1 month of the date of publication of the sale, the right to transfer the agricultural parcel shall cease to be so.
Sales to other persons
(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. The competition cannot be attended by a person who, after the application of this law, has acquired the right to conclude a contract pursuant to § 7 or § 8 of this Act and has not concluded a purchase contract. An obligation to deposit bail may be provided for to participate in a commercial tender under the conditions published at the time of the call for tenders.
(2) According to the amount of the purchase price offered in a commercial tender, the Land Fund shall establish the ranking of the persons who submitted the offer and shall then sell the agricultural parcel to the highest bidder in the order. If that person does not conclude a contract within the prescribed period (Paragraph 11 (3)), the Land Fund will gradually call for the conclusion of the contract of persons in other places in order. Paragraph 6 (3) shall apply mutatis mutandis in the event that certain tenders are identical.
(3) The winners of the commercial tender shall be credited with the deposit referred to in paragraph 1 to cover the purchase price. The other participants of the competition will be refunded within 10 days of the competition. If the winner does not enter into a purchase agreement within the time limit set out in Section 11 (3), the deposit will be forfeited to the Land Fund.
(4) The information on the announcement of a commercial invitation to tender for the sale of agricultural parcels in the cadastral territory (24) of the municipality will be transmitted by the Land Fund to the municipality in whose territorial district the sold agricultural parcel is situated by means of a notice on the official plate of the municipal office and published in the daily press with national application. The publication of the sale shall be deemed to be the first day of hanging on the official plate of the municipal office. Persons who are not entrepreneurs may also be participants in a trade competition. In other cases, commercial competition shall be governed by the provisions of a specific regulation. 25)
Purchase price and remuneration
(1) Save as otherwise provided for in this Law, land shall be transferred on a fee or contract basis, at a price in accordance with the special legislature26) 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 (4), the land shall be transferred either at the basic price 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 Section 7, the minimum price to be notified at the time of the sale is either the basic price of the land according to the chartered land-based ecological units reduced by reductions, 26a) or, if the land is not bonized, the average price for each cadastral territory under the special legislature26b) reduced by reductions. 26a) If the land, including its components and accessories, is sold, then the price of these components and accessories shall be added to the minimum price to be reported when the sale is made. In the case of land which fulfils the conditions for conversion set out in § 5 (1), (4) and (5), the minimum price to be notified at the time of publication of the sale shall be that of a special law. 26) The price fixing shall in all cases apply to the price regulation in force on the last day of the calendar year preceding the publication of the sale.
(4) In the case of sales in a commercial tender, the Land Fund shall fix the lowest price for each round of the tender by setting the price in the first round in accordance with the price regulation in force on the last day of the calendar year preceding the publication of the sale, the price in the second round may be up to 50% of the price in the first round and the price in the third round may be up to 10% of the price in the first round.
(5) The purchase price shall, unless otherwise specified, be paid within 60 days of the date of the effective date of the purchase contract.
(6) The acquirer may pay the minimum purchase price in instalments, but no later than 30 years after the date of entry into force of the purchase contract, without interest. The advantage of the repayment scheme does not apply to the acquirer who obtained the land in the second or third round of the commercial tender pursuant to § 8. The advantage granted shall cease if, before paying the full purchase price, the acquirer contractually transfers the property's right to another person or return to the Land Fund in the context of the implementation of the pre-purchase right pursuant to Article 10 (2). In such cases, the acquirer shall be obliged to pay back the outstanding part of the purchase price to the Land Fund within 30 days of the conclusion of the property transfer contract.
(7) The buyer is obliged to pay the seller a deposit of the amount before the purchase contract is concluded
(a) 10% of the purchase price on sale pursuant to Article 5;
(b) the average annual instalments, but not more than 10% of the minimum purchase price, including the amount offered above the minimum sale price in accordance with Sections 6 and 7;
(c) the average annual instalments, but not more than 10% of the minimum price declared for the relevant round of trade competition, including the amount offered above the minimum price at the sale referred to in Article 8.
(8) If the transferee is a beneficiary, at least his claims under the Land Act that he has applied for the transfer must be counted against the purchase price. The Land Fund may account for the other acquirers for the purchase price of the claim against the Land Fund and the land rights under the Land Act. The claims at issue can only be accounted for in such a way as to be shown by the Land Fund.
Preservation and pre-purchase law
(1) In order to ensure the outstanding purchase price of the agricultural parcel and / or part thereof, the State is liable for the transfer of the land.
(2) As regards land transferred under this law, the State shall have a right of pre-sale as a right in kind; 27) This applies also in case of disposal other than sale. In the event of the disposal under consideration, the acquirer shall offer the State the land for purchase at the price at which it was obtained from the Land Fund. The pre-sale law of the State does not arise for the transfer of agricultural parcels pursuant to § 5 (1) and (5) and for the transfer to beneficiaries pursuant to § 6, 7 and 8.
(3) Land to which a pre-purchase or lien under paragraphs 1 and 2 is applied by the State may not be the subject of a further lien.
(4) The Land Fund shall declare the establishment or termination of the lien and the creation of a pre-purchase right as a right in kind to the competent cadastral office.
(5) The right to pre-purchase, which will be acquired under this law on the land included later in the land modification, will be transferred to the land which will be transferred to the owner of the acquirer under the approved land modification proposal (§ 4).
(6) The Land Fund applies the State's claims under the lien and pre-purchase law.
(1) The purchase or transfer agreement of agricultural parcels shall be concluded by the Land Fund only with a person who:
(a) is not late in fulfilling its debt towards the Land Fund;
(b) prove, by confirmation not earlier than 3 months, that it is not late in fulfilling its debt towards the National Property Fund;
(c) prove the confirmation28) not earlier than 3 months that it has no tax arrears with the tax administrator responsible for managing its income tax; the amount of the tax arrears which has been delayed or allowed to be paid in instalments by the tax administrator's decision is not considered to be a tax arrears for the purposes of this Act,
(d) demonstrate by confirmation not more than 3 months old that it does not owe social security contributions and a contribution to the state employment policy. 29) The relevant social security management30) is obliged to issue this certificate upon request.
(2) The conditions referred to in paragraph 1 do not apply to beneficiaries and to purchasers in accordance with Article 5 (4).
(3) The Land Fund shall submit to the acquirer a draft purchase or transfer contract for agricultural parcels without undue delay. If the acquirer does not conclude the contract within 45 days of the receipt of the draft contract or of its delivery into his own hands to the address indicated by the acquirer, the Land Fund shall not be bound by the present proposal. For the purposes of this Act, the provisions of the Special Regulation 31) on service to their own hands shall apply mutatis mutandis.
When the agricultural parcel is transferred to the transferee, the Land Fund shall compensate the lessee for permanent crops which would otherwise be obliged to provide the lessee on termination of the lease under a special rule. 32) In such a case, the lessee is no longer entitled to compensation for permanent crops at the end of the lease pursuant to the Special Regulation (32).
(1) For the purposes of this Act, fencing and melioration facilities owned by the State, with the exception of the main melioratory facilities, shall be considered as part of the agricultural parcel, 33) and shall be transferred to the acquirer together with the land. The fencing price shall be determined according to 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. Melioration equipment shall be transferred free of charge.
(2) For the purposes of this Act, the adjacent land shall be each individual land registered in the cadastral property register as a parcel marked with a parcustoms number and shown in the cadastral map or in the map of the former land register or in the downstream operators of the allocation and assembly proceedings, and which has a common border with the land in question or which touches it at least at one point.
(3) For the purposes of this Act, land intended for housing construction shall be considered as land which, in a binding part of the approved planning documentation, forms part of an area designated by its principal function for housing regardless of the permissible functional use of that area, expressed in the functional land use regulations.
(1) The delay with payment of the purchase price exceeding 30 days from the time limit laid down in Article 9 (5) or, where appropriate, from the agreed time limit on late payment, is a reason for withdrawing the seller from the purchase contract.
(2) When withdrawing from the purchase contract, the parties shall be settled in accordance with special rules. 34)
(3) When withdrawing from the contract of sale, the acquirer is obliged to pay compensation for the entire duration of the property right to the agricultural parcel. The amount of the compensation is 1% per year of the price of the land at which the acquirer obtained it from the Land Fund, i.e. 1 / 12 of the annual compensation for each month of the period of ownership.
(4) The change in registration in the Land Register on withdrawal shall be recorded in the Land Register in a manner similar to that recorded on the basis of the Land Fund notification, which shall contain property data under a special legislation. 34a)
(1) The Land Fund is required to verify with the relevant cadastral office on the basis of which paper documents have been registered in the Land Register as ownership of the land.
(2) For the purposes of this Act, the State shall be deemed to be the owner of the land where the property register holds the property.
(3) In the case of a transfer of an agricultural parcel for which the ownership right registered in the property register cannot be documented, the Land Fund shall publish its intended transfer and, at the same time, invite any objections to the ownership right of other persons to that land within 3 months of the date of publication of this call. The intended transfer and the call shall be announced by hanging on the official plate of the municipal authority19) in the municipality in whose territory the agricultural parcel is situated. The first day of hanging is the day of the call. The Land Fund shall notify the announcement information in the national press.
(4) Where another person submits a written objection to the property right in respect of an agricultural parcel with the Land Fund until the expiry of the period for the submission of objections referred to in paragraph 3, the agricultural parcel may not be transferred under this law.
(5) If the person referred to in paragraph 4 does not provide evidence that he has submitted an application to the cadastral office for the registration of his property in the cadastral or that he has exercised his property right in respect of the agricultural parcel in court within 1 year of the submission of the objections to the Land Fund, the transfer may be carried out under this law.
(6) Where another person does not object to his ownership of the agricultural parcel within the period referred to in paragraph 3 and proves later that he or she was the owner of the agricultural parcel at the end of that period, he or she shall be entitled to financial compensation from the Land Fund at the price at which the agricultural parcel was transferred to the transferee under this Law, but at least at the price established under the price regulation (26) on the date of the transfer.
The income from the sale of agricultural parcels is the income of the Land Fund, 35) which deposits it in a separate account.
Transfers of forest land
Definition of forest land to be transferred
(1) Excluded forest land is land which is wedged between forest land of owners other than the State, or are separate forest land surrounded by land which is not intended to fulfil forest functions, provided that such land is more than 100 m from the national forest complex, up to 1 ha more than 500 m, up to 5 ha more than 1 000 m and up to 10 ha more than 3 000 m. Distance means the shortest of the map the distance between the border of the national forest complex and the transfer of the proposed isolated forest parcel. A complex of state forests means continuous forests of more than 10 ha in size. The link is not interrupted by infrastructure, water flow, administrative border of the district, border of the municipality, boundary of the cadastral territory or fences and similar structures.
(2) For the purposes of this Act, the joint ownership of the State shall be understood to be less than one half if the size of that joint ownership of the State, expressed in size, is less than 10 ha.
(3) For the purposes of this Act, built forest land, fencing and construction of special purpose roads shall be considered as part of the forest land.
Transfers of forest land to municipalities
(1) Upon written request of the municipality, the authorised legal person shall transfer to the municipality free of charge:
(a) detached forest land designated by an approved zoning plan or decision to place the construction for construction in the public interest or for housing;
(b) the joint ownership of the State (§ 17 (2)) where the municipality is the joint owner of the land.
(2) Applications referred to in paragraph 1 shall be accepted by the authorised legal person provided that the conditions laid down by this law are met and that the transfer of the right of third parties is not prevented. 21) The provisions of the Specific Regulation36) remain unaffected.
Common provisions
(1) This Act is without prejudice to the specific legislation on nature conservation and landscape37) or to the specific provisions on the transfer of real estate by the Land Fund under the privatisation decision, 38) pursuant to the Soil Act or Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended.
(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 also apply to such transfers.
(3) If the transfer of land pursuant to § 5 (4) of this Act results in joint ownership, the acquirer cannot apply the pre-purchase right to the Land Fund under § 140 of the Civil Code.
(1) The costs of valuation of land, the production of documents for the implementation of the sale (including contracts) and the costs of the necessary surveying activities are borne by the State. The Ministry of Finance shall determine how these costs are to be paid by decree.
(2) Where the transferor has received written communications from the public authorities pursuant to Paragraph 2 (1) that the transferred land is not excluded from the transfer, the State authority may not have expressed its views within the prescribed time limit, the transferor shall affix a transfer agreement to the transfer of the land by means of a clause confirming that fact. A written communication from the State administration authorities to the cadastral office on the authorisation of the transfer of the right of the transferor shall not be sent.
Efficacy
This Act shall take effect on the day of its publication.
* * *
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 the Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended, became effective on the date of its publication (25 July 2001).
Act No. 253 / 2003 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, as amended, as amended, Act No. 253 / 2001 Coll., and certain other laws, have become effective on the date of their publication (6 August 2003).
Prime Minister:
PhDr. Špidla v. r.
1) Article 17 (1) of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended.
2) Article 1 (2) and (3) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 10 / 1993 Coll.
3) Article 3 (1) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
3a) For example, Article 11 of Act No. 290 / 2002 Coll., on the transition of certain other items, rights and obligations of the Czech Republic to regions and municipalities, civil associations active in the field of sports and related changes and amending Act No. 157 / 2000 Coll., on the transition of certain items, rights and obligations from the property of the Czech Republic, as amended by Act No. 10 / 2001 Coll., and Act No. 20 / 1966 Coll., on the care of the health of the people, as amended.
4) 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., which regulates certain issues related to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended.
6) Section 10 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
7) § 32 (a) of Act No. 50 / 1976 Coll.
8) Articles 108 (2) (a) and 108 (3) of Act No. 50 / 1976 Coll.
8a) § 3 (k) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
9) E.g. § 29 of Act No. 229 / 1991 Coll., Act No. 114 / 1992 Coll., as amended.
10) Paragraph 8 (15) of Act No. 284 / 1991 Coll., on Land Adjustments and Land Offices, as amended.
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Regulation Information
| Citation | Full text of Act No. 366 / 2003 Coll., on the Conditions for Transfer of Agricultural and Forestry Land from State Property to Other Persons, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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