Government Decree No. 38 / 1954 Coll.
Regulation amending and supplementing Government Regulation No. 37 / 1951 Coll., on the Construction and Operation of Railways
Valid
Effective from 27.09.1954
38.
Government Regulation
of 31 August 1954
amending and supplementing Government Regulation No. 37 / 1951 Coll., on the Construction and Operation of Railways.
The Government of the Czechoslovak Republic orders pursuant to § 11 (3), § 16 (6), § 17 (2), § 30 (3) and § 46 (3) of Act No. 97 / 1950 Coll., on Railways:
Government Decree No. 37 / 1951 Coll., on the Construction and Operation of Railways, is amended as follows:
1.
"(1) For expropriation, in particular for expropriation proceedings, for the method and time of payment of compensation for expropriation, for the entry into and use of the expropriated property before the start of expropriation proceedings, the provisions of Act No. 280 / 1949 Coll., on Territorial Planning and Construction of Municipality, Government Decree No. 93 / 1950 Coll., on the Construction of Municipality, as well as the rules under which they are issued with the following derogations:
1. The appeal against the expropriation measure as regards the determination of what and for whom it is expropriated shall not have suspensory effect.
2. Once the expropriation notice has acquired legal authority, the current owner shall submit the expropriated property to the possession of the expropriator. The expropriator shall take possession of the expropriated property within 14 days of the legal power of the expropriation notice, unless otherwise agreed with the expropriated property.
3. The expropriator is not obliged to lodge a security. He shall not be obliged to pay the compensation (instalments on it) until he has held the acquired property. If the expropriator holds the property up to the legal authority of the refund decision, the payment of the refund shall be calculated only from the date on which the holding takes over.
4. For the purposes for which the property may be expropriated, the applicant may use the property before the expropriation procedure is initiated. Such authorisation, as well as the preparatory work (construction, machinery and tools, excavation, demolition, etc.), shall be decided by the applicant on the basis of a proposal from the applicant by the relevant department of the Council of the District National Committee. The appeal against this Decision shall not have suspensory effect.
5. If the building or any other material change in the building or plot is to be demolished before the expropriation procedure is initiated, the user must apply for an official estimate before carrying out such a measure; the demolition of the building or any other substantial change in the building or land may only take place after that estimate. The result of the estimate to be notified to the parties may be rejected only by appeal against a decision setting a refund.
6. The use of the property before the start of the expropriation procedure shall be subject to compensation in a similar manner to that of expropriation; If expropriation takes place, this refund shall be decided upon at the same time as the refund for exexpropriation is fixed. If the user has not submitted a proposal for expropriation within one year or until the period for which the relevant section of the Council of the District National Committee has extended that period of time or the application for expropriation has been granted has expired. In such cases, the creditor shall be compensated in a similar manner to the cancellation of the expropriation notice.
7. If the expropriation of land acquired by the expropriated land under the Land Reform Act is established by the expropriator, he shall determine whether the allocation price has been paid. If the allocation price has been fully paid, the owner of the property shall receive a maximum amount equal to the allocation price plus the value of the investments. If the allocation price has not been fully paid, the amount which the owner should otherwise receive shall be reduced by a non-payment of that price; The expropriator shall inform the Ministry of Agriculture (property of land reforms).
8. If property owned by a member of a single agricultural cooperative is to be expropriated or if such property is to be used before the expropriation procedure is initiated, that cooperative must also be heard before the decision is taken.
(2) The Ministry of Transport may provide details in the Official Gazette by decree. '
Article 17 (1) reads as follows:
"(1) The safety of traffic on crossings (crossings) by fences, barriers, warning lighting devices, warning crosses, guards or other means shall be decided by the Ministry of Transport for which the authorising authority referred to in Article 3 (1) is the Ministry of Transport; If there are other runways, the competent department of the Regional National Committee shall decide on the security of traffic at level I road crossings and on the security of traffic at level (s) of the lower classes, the relevant section of the Regional National Committee Council. In doing so, they will follow the way in which the runway operates, local circumstances, the clarity of the crossroads, the density of traffic on the runway and on the road, and taking into account technical and economic efficiency, taking into account the principles to be laid down by the Directives (§ 48). The crossing security shall be carried out by the railway undertaking in these ways. '
3. Article 24 (2) reads as follows:
"(2) The authorising authority (Paragraph 3 (1)) may authorise exemptions from the prohibition provided for in paragraph 1 and lay down appropriate conditions. The buildings thus authorised shall be removed by the owner, if necessary, on his cargo; neither to him nor to any other entitled person shall be entitled to compensation for damage resulting from the construction, maintenance or operation of a runway on objects built in the forbidden space and on objects stored therein. ';
4. The heading of Section 32 reads:
"Provisions for railways operated by Czechoslovak State Railways, for military installations and for certain airways for non-public transport."
5. Paragraph 32 is added to paragraph 4 of the following text:
"(4) The competence exercised by the relevant department of the Regional National Committee under § § 26 to 31 shall lie with the public transport rail, of which it is possible to directly switch vehicles to railways operated by the Czechoslovak State Railways, the Ministry of Transport, excluding the examination of measures to protect extra-modal electrical lines. '
6.
"(1) Types of train vehicles and their essential amendments shall be approved before putting into service.
(2) The Government shall determine the type of approval referred to in paragraph 1 by means of directives. ';
7. The heading of Section 37 reads:
"Provisions for railway vehicles of Czechoslovak State Railways and Military Administration."
8. Paragraph 37 (1) and (2) reads as follows:
"(1) Paragraph 36 applies to railway vehicles of Czechoslovak State Railways and military administrations with the amendments referred to in paragraphs 2 and 3.
(2) Testing of own vehicles is carried out by the Czechoslovak State Railways by their authorities in an agreement with the military administration. The entry of a favourable test result shall replace the certificate referred to in Article 36 (2). '
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Transport in agreement with the participating members of the Government.
Maj-Gen Dr. Cap v. r.
Pospíšil v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 38 / 1954 Coll., amending and supplementing Government Decree No. 37 / 1951 Coll., on the Construction and Operation of Railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1954 |
|---|---|
| Effective from | 27.09.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0