Act of the Czech National Council No. 38 / 1993 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 284 / 1991 Coll., on Land Adjustments and Land Offices
Valid
Effective from 31.12.1992
38
THE LAW
Czech National Council
of 17 December 1992
amending and supplementing the Act of the Czech National Council No. 284 / 1991 Coll., on land modifications and land offices
The Czech National Council decided on this law:
Act of the Czech National Council No. 284 / 1991 Coll., on Land Adjustments and Land Offices, is amended as follows:
1. in Article 1, footnote 1, the words "as amended" shall be inserted after the words "property."
2.
Land adjustments (2) are organised by property rights to land and related material burdens, by spatial and functional adjustment, by grouping or dividing the land and by ensuring the accessibility and settlement of its borders. At the same time, they create the conditions for rational management, for the protection and nationalisation of the soil fund, for the enhancement of the landscape and for the improvement of its ecological stability. "
3. In Paragraph 3, the current text is renumbered as paragraph 1 and at the end, the dot is replaced by a comma and the words "unless they are excluded from land-based treatment under paragraph 2."
4. In Article 3, the following paragraphs 2, 3 and 4 are added:
"(2) Land use is excluded from the land treatment, land intended for defence of the state, for extraction of reserved minerals, 2a) cemeteries, land built and intended for construction, 2b) land protected under special regulations. (c)
(3) Land treatment is generally carried out for the whole cadastral territory which forms the perimeter of land treatment.
(4) Unless the purpose of the land-use treatment or in order to achieve it, the land-use treatment circuit may be determined in other ways than those referred to in paragraph 3, but shall not exceed the original cadastral territory. ';
footnotes (2a), (2b) and (2c) are as follows:
"2a) Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll. (Full text with effect for the Czech Republic No. 439 / 1992 Coll.).
2b) Decree No. 83 / 1976 Coll., on General Technical Requirements for Construction, as amended.
2c) Act No. 20 / 1987 Coll., on State Heritage Care, as amended. Act ČNR No. 114 / 1992 Coll., on the conservation of nature and landscape. '
5. In the first sentence of Section 4, the words "within the scope of Section 2 'shall be inserted after the words" land-use arrangements'; at the end of the second sentence, footnote 2d is added to the word "adjustments'.
Footnote 2d is replaced by the following:
"2d) Decree of the Ministry of Agriculture of the Czech Republic No. 427 / 1991 Coll., laying down the details of the design of land modifications and the rules for assessing the adequacy of the quality and area of the land exchanged."
6. In Paragraph 4, the present text becomes paragraph 1.
7. In Article 4, the following paragraph 2 is added:
"(2) A simple land treatment means the specification or reconstruction of the land allocations allocated to the President of the Republic pursuant to Decrees 12 / 1945 Coll. and 28 / 1945 Coll., Act 142 / 1947 Coll. and Act 46 / 1948 Coll. '.
8. In Paragraph 5, the present text becomes paragraph 1.
9. in Article 5, the following paragraphs 2, 3, 4, 5 and 6 are added:
"(2) The owners of the land shall, for the duration of the land adjustment, choose a representative board (hereinafter referred to as" the Board '), representing the owners within the scope of the activities referred to in paragraph 5, and, where appropriate, act as owners on the basis and scope of their authorisation. In the case of simple land modifications, the choice of the College may be waived.
(3) In the event that the College is elected, its other non-elected member shall be the head of the District Land Office [§ 12 (a)] or its authorised official of the Land Office and a representative of the municipality. The College shall elect a chairman from among its number who shall convene the meeting of the College and manage its deliberations.
(4) The number of members of the Board shall be determined by the Land Office, in the range of 5 to 15 members, by the total number of owners and by the extent of the area addressed.
(5) The College cooperates in the processing of the design of land-use modifications, assesses its individual variants and proposed measures, expresses its views on the comments submitted, agrees on the design of land-use modifications and cooperates on the implementation of approved land-use modifications.
(6) The Board shall convene all owners if at least 1 / 3 of the owners or the relevant land office so request. '
10. in Article 6, paragraphs 2, 3 and 4 shall be deleted.
11. in Article 6, the following paragraphs 2, 3, 4, 5, 6 and 7 are added:
"(2) Before the start of the land-use adjustment, the district land office shall assess the grounds, urgency and effectiveness of the land-use adjustment. If it considers the grounds to be justified, it shall initiate land-based adjustment proceedings.
(3) Comprehensive land treatment must be initiated by the district land office whenever the owners of the land express their views on the agricultural land covered by the cadastral territory.
(4) The district property office will notify all the parties to the proceedings by a public decree.
(5) The notice of commencement of the land-use adjustment referred to in paragraph 4 shall be posted for 15 days on the official plate of the district land office and the municipalities in whose territorial districts the land covered by the land-use adjustment is situated. The last day of this period shall be the day of service.
(6) The County Land Authority shall also inform the Geodesy and Cartography authorities in writing of the initiation of the procedure, planning, environmental reports, construction offices and municipalities in whose territorial districts the land covered by the land modification is situated. (3) The district property office shall also deliver the notification to the other authorities concerned if the land-based treatment of the interests protected by the State's defence and security regulations, care for the health of the people and other interests protected by specific regulations is concerned.
(7) Land modification and decision-making procedures shall not be subject to the time limits for decisions under the administrative rules. 3a)
footnotes 3 and 3a are as follows:
"3) For example, Act No. 135 / 1961 Coll., on Road, as amended, Act No. 51 / 1964 Coll., on Railways, as amended by Act No. 104 / 1974 Coll., Act No. 110 / 1964 Coll., on Telecommunications, Act No. 138 / 1973 Coll., on Water (Water Act), Act No. 20 / 1987 Coll., Act No. 114 / 1992 Coll., Act No. 44 / 1988 Coll., Act No. 61 / 1977 Coll., on Forests, as amended by Act No. 229 / 1991 Coll., Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act).
(3a) Paragraph 49 of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation). '
12. Article 7 (2) reads as follows:
"(2) The Board shall be elected at the opening meeting (Section 5 (2)). '
13.
(1) The district land office shall ensure the professional processing of the design of the land treatment (hereinafter referred to as the "proposal") with the processor. The requirements of the proposal shall be laid down in a separate Regulation.
(2) Only legal or natural persons authorised to design land modifications may be the processor of the proposal. The conditions for granting authorisation for this activity are laid down by the Ministry of Agriculture of the Czech Republic (hereinafter referred to as "the Ministry ') by a general law.
(3) The authorities referred to in Article 6 (6) are required to provide the county property office with the necessary data and information, free of charge, within the agreed time limits for the land modification procedure and for the preparation of the proposal.
(4) The district property office shall ensure that an inventory of the land owners' claims is drawn up according to the size and price of the original land. This inventory shall be submitted to the owners of the land for approval and landed for 15 days at the designated municipal office. The comments on the inventory shall be assessed by the District Land Office in agreement with the Board and shall provide for a further procedure.
(5) For the purposes of land treatment, the price of land shall be determined in accordance with a generally binding price regulation, unless otherwise agreed by the owners.
(6) The processor shall propose to the owners of the land in a proposal to allocate the whole land in such a way as to correspond to their original land by size, appropriate quality (price and distance) and, where possible, to the same type of land (culture), while optimising the organisation of the soil fund in the area in question within the meaning of Article 2. The rules for assessing the adequacy of the quality and area of the land reserved for the land are laid down in a separate regulation.
(7) In the course of the land-use adjustment, the district property office shall, in order to rapidly establish and use soil-integrated economic units, allocate to the owners of the land, until their provisional free use, the whole land proposed for the exchange of ownership rights (hereinafter referred to as "the allocation to interim use '). These parcels remain subject to land-based adjustment. The partial use shall cease to exist by exchanging ownership of the land in question, at the latest by terminating complex land-use arrangements.
(8) The allocation of land to provisional use will be agreed by the district property office with the owners of the land in question. In the event that the owner of the land disagrees with the allocation of the land for interim use by agreement, the district property office shall decide on the allocation for interim use in administrative proceedings. If the conditions of the land modification are changed, the Land Authority may amend its decision to allocate the land to provisional use in accordance with the new facts. If the College is elected (§ 5 (2)), the district land office shall issue a decision pursuant to this paragraph in agreement with it.
(9) An appeal lodged against a decision of the Land Office pursuant to paragraph 8 shall not have suspensory effect.
(10) During the processing of the proposal, the processor is obliged to discuss the proposed measures with the owners of the land, or with the Board, if elected (§ 5 (2) and (5)).
(11) Where, in order to achieve the purpose of the land-use adjustment referred to in Article 2, the necessary land-use plan for the construction of field roads and for the implementation of technical, water-based, conservation and environmental measures (hereinafter referred to as "common facilities') is to be set aside, the land owners shall participate in the allocation of the required land-use plan to the extent that the processed design does not apply only State-owned land. 4) '.
Footnote 4) reads as follows:
"4) § 17 of Act No. 229 / 1991 Coll. '.
14. in Paragraph 9 (1), the second sentence, "Article 6 (3)" shall be replaced by "Article 6 (6)."
15. in the first sentence of Paragraph 9 (2), "Article 6 (3)" is replaced by "Article 6 (6)."
16. In Article 9, the following paragraph 3 is added:
"(3) The Land Authority shall decide on the approval of the land treatment if the owners agree to it at least two thirds of the area of land concerned by the land treatment. ';
17. In Paragraph 9, paragraph 3 is renumbered paragraph 4 and at the end of paragraph 4, the words "the approval of land-use modifications' are added.
18. In Section 9, the following paragraphs 5 and 6 are added:
"(5) The approved proposal for complex land-use modifications is a binding basis for the territorial planning documentation.
(6) An appeal against a decision of the District Office issued pursuant to paragraph 4 shall not have suspensory effect. '.
19. the following Section 9a is inserted after Section 9:
Implementation of land modification design
(1) On the basis of an approved land modification proposal, the district land office shall, in agreement with the owners of the land and taking into account the financial collateral provided by the State budget, establish the procedure for the implementation of the land modification.
(2) The District Land Authority will ensure that the new land arrangement is set out in the field. If the owners of the land do not agree otherwise, the management of the newly set land after harvest harvest and the implementation of the condition, i.e. usually on 1 October of the current year, can be started.
(3) For the construction of field roads, protection and narrowing of the soil fund and other common facilities included in the approved land modification design, a territorial decision on the location of the construction and use of the land may be waived.
(4) Common facilities implemented under land-use arrangements are the municipality in which they are situated, unless otherwise provided for in the decision approving the land-use design. "
20. In Article 10 (1), the words "according to the design of land modifications' shall be inserted after the word" landscape '.
21. The sentence "Rules for granting subsidies in the agrarian food complex in the Czech Republic, approved by the Government of the Czech Republic Resolution No. 332 / 1990, is deleted from footnote 5)."
22.
The system of land offices consists of:
(a) district land offices, which are the separate reports of the district authorities. On the territory of the capital city of Prague and the cities of Brno, Plzeň and Ostrava, the district property office is operated by land offices, which are separate departments of the Municipality of Prague and the Municipality of Brno, Pilsen and Ostrava,
(b) the central land office, which is the Ministry. ';
23. In Article 12 (b), the words "if necessary, it shall be carried out at the end."
24. in § 12 (f), a comma is deleted at the end and the words "on agricultural land" are added.
Footnote 9) reads as follows:
"9) Decree of the Ministry of Finance of the Czech Republic No. 393 / 1991 Coll., on the prices of buildings, land, permanent crops, remuneration for the establishment of the right of personal land use and compensation for temporary land use, as amended by Decisions No. 110 / 1992 Coll. and No. 611 / 1992 Coll. '
25.
Central Land Authority
Central Land Authority
(a) process and manage the concept of land treatment;
(b) manage the state administration's performance on the land modification section;
(c) carry out verification of the specific competence to prepare and design land modifications;
(d) provide research, development, education and awareness-raising activities in the field of land modification;
e) After consulting the Ministry of Economy of the Czech Republic, ensures the link of land modifications with the territorial planning documentation of large territorial units (territory crossing the county border),
f) decide pursuant to § 17 paragraph 4 of Act No. 229 / 1991 Coll., as amended by Act No. 93 / 1992 Coll.,
(g) is an appeal authority against decisions of district land authorities. ';
26. In Article 15, the following paragraph is added:
"The words" and provided by the district land office "in footnote 18) of Annex 9, last sentence," Data is provided by the district land office., "in Table IV of the Forest Crops - coniferous and the words" and is provided by the district land office. "in Table V of the Forest Crop - leafy, Annex 10 of the Order of the Ministry of Finance of the Czech Republic No 393 / 1991 Coll., on prices of buildings, land, permanent crops, payments for the establishment of the right of personal use of land and compensation for the temporary use of land, as amended by Decree No 110 / 1992 Coll."
The Bureau of the Czech National Council is hereby authorised to publish in the Collection of Laws the full version of the Act of the Czech National Council No. 284 / 1991 Coll., on Land Modifications and Land Offices, as is apparent from the amendments and additions made by this Act.
This Act shall take effect on the day of its publication.
Uhde v. r.
Klaus v. r.
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Regulation Information
| Citation | Act of the Czech National Council No. 38 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 284 / 1991 Coll., on land modification and land offices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 31.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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