Full text of Act No. 398 / 2000 Coll.
The complete version of Act No. 172 / 1991 Coll., on the Transfer of certain items from the property of the Czech Republic to the Owned Municipality, as is apparent from the amendments made by Act No. 485 / 1991 Coll., Act No. 10 / 1993 Coll. and Act No. 114 / 2000 Coll.
Valid
Declared full text
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23.11.2000
398
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of the municipalities, as is apparent from changes made by Act No. 485 / 1991 Coll., Act No. 10 / 1993 Coll. and Act No. 114 / 2000 Coll.
THE LAW
on the transfer of certain items from the property of the Czech Republic to the ownership of municipalities
The Czech National Council decided on this law:
(1) The property of the municipalities is transferred from the property of the Czech Republic to which on 23 November 1990 the right to operate belonged to the national committees whose rights and obligations have been transferred to the municipalities (1) and, in the capital of Prague, also to the urban areas (2), (3) if the municipalities and the capital of Prague also managed the urban parts with these things on the effective date of the law.
(2) The property of the municipalities is further transferred from the ownership of the Czech Republic, with which the municipalities and the capital of Prague have also started to operate in a similar manner after 23 November 1990 in a manner similar to the law of the economy if they have so operated on the effective date of the law.
(3) The provisions of paragraphs 1 and 2 shall not apply to matters which have served to perform the tasks of small establishments of national committees.
(1) Owned by municipalities on the effective date of this Act
(a) land not built up;
(b) land built by buildings owned by natural persons;
(c) buildings with land forming a single functional unit;
(d) land built up by buildings transferred to municipalities pursuant to paragraphs 4 and 5;
which the municipalities owned on 31 December 1949, provided they are owned by the Czech Republic and do not transfer to the municipality pursuant to § 1.
(2) For the purposes of this Act, land built shall also be considered to be:
(a) land forming a single functional unit;
(b) land on which construction was initiated under a final building permit.
(3) If a single municipality is the legal successor of the municipality after 31 December 1949, the case is transferred to the municipality. If there are more legal successors, the matter shall be shared equally.
(4) Where the property owned by the municipalities on 31 December 1949 does not belong to any municipality as referred to in paragraph 1, since that municipality has ceased to exist, they, together with the buildings referred to in paragraph 5, shall be transferred to the municipality whose territory constitutes such property on 1 July 2000. 3a) If only part of the original property is situated in the relevant cadastral territory forming the territory of the municipality, only that part shall be transferred to the municipality.
(5) The property referred to in paragraph 1 shall be owned by the municipality on 1 July 2000 by construction of special-purpose roads, small buildings used for the performance of forest functions, for the exercise of the right of hunting or for the protection of permanent crops, small construction of melioration facilities and small construction of forest-based meliorations, provided that they were built between 1 January 1950 and 24 May 1991 on land owned by the municipalities on 31 December 1949 or transferred to municipalities pursuant to Article 2a of this Law, provided that they are owned by the Czech Republic on 1 July 2000.
(1) The property listed in § 2 (1) (a) to (d) is also transferred to the municipality on 1 July 2000, which:
(a) have been allocated to municipalities as allocations by decision of the competent state authority on the allocation granted under Decree No. 12 / 1945 of the President of the Republic Coll. or Decree No. 108 / 1945 of the President of the Republic Coll. or Decree No. 28 / 1945 of the President of the Republic, or have been issued to municipalities under Act No. 142 / 1947 Coll., on the revision of the first land reform, or under Act No. 46 / 1948 of the Coll., on a new land reform (permanent modification of ownership of agricultural and forestry land),
(b) have been approved by the competent state authority for the municipality as an allocation plan according to the decree of the President of the Republic No. 12 / 1945 Coll.,
if they are owned by the Czech Republic and do not transfer to the municipality pursuant to § 1 or § 2.
(2) The real estate referred to in paragraph 1 shall be transferred to the municipality, irrespective of the fact that the relevant allocation decisions or allocation plans have been issued after 31 December 1949 or have not been issued at all.
(3) The municipalities shall demonstrate the existence of the allocation referred to in paragraph 1 in particular:
(a) issued by an allocation note giving evidence to the municipality or to the competent national committee operating within the territory of the municipality;
(b) an approved allocation plan; or
(c) an approved graphic allocation plan.
(4) If the allocation cannot be evidenced by the documents referred to in paragraph 3, the document drawn up by the competent State authority shall be considered as proof of the allocation, indicating the reference number of the allocation decision, if it becomes apparent both the extent of the allocation and the allocation.
(5) Paragraph 2 (4) and (5) shall apply mutatis mutandis to the property referred to in paragraph 1.
(1) The housing houses (4) and the parcels forming one functional unit shall be transferred to the municipality on the date of the application of this Act, provided that they fulfil the following conditions:
(a) are in their cadastral territories;
(b) are owned by the Czech Republic;
(c) the right of management belongs to organisations where the local authorities, municipalities and the capital of Prague have also transferred to the urban areas the functions of their founder or the power to establish, manage and abolish such organisations, 5)
(d) are not transferred to the municipality pursuant to § 2.
(2) Paragraph 1 (3) shall not apply to the matters referred to in paragraph 1.
(3) The property of the municipalities is transferred from the ownership of the Czech Republic to complex residential buildings built up on 31 December 1992 and the land forming one functional whole with them, including the rights and obligations associated with them, if they meet the conditions set out in paragraph 1 (a), and their investors were regional authorities, the capital city of Prague or the city of Brno, Pilsen and Ostrava on the date of the effectiveness of this Act.
(4) The property of the municipalities in whose territory they are located is transferred from the date of the effective law to the property of the Czech Republic, which on the date of the effective law was the right of management to the organisations providing the investor's activity for complex housing, if the district authorities, the capital of Prague and the city of Brno, Plzeň and Ostrava have transferred the power to establish, manage and abolish these organisations, unless they have transferred to the ownership of the municipalities pursuant to § 2 or § 3 (1) to (3).
(1) The following cases are not transferred to the ownership of the municipalities from the ownership of the Czech Republic:
(a) the land for which the right of personal exploitation was established (6) and the land allocated for that purpose;
(b) real estate items with accessories which were permanently used by the Communist Party of Czechoslovakia and were withdrawn on 1 June 1990, 7)
(c) immovable property with accessories which, at the date of application of this law, are permanently used by a non-state organisation, (8) if not the case referred to in § 2.
(2) Also, cases of ownership of the Czech Republic shall not be transferred to the property of the municipalities, the entitlement of which shall be exercised by the beneficiary under a special rule. 9)
(3) From the date of application of this Act, the law of the management of the district offices and the Ministry of Finance of the Czech Republic is applicable to the matters referred to in paragraph 1.
(1) At the request of the municipality, the district office and the Ministry of Finance of the Czech Republic can decide to transfer to the municipality
(a) cases of ownership of the Czech Republic referred to in § 1 (3);
(b) cases of ownership of the Czech Republic on which, on the date of application of this Act, the right of management belonged to organisations, provided that the municipal authorities, municipalities and the capital of Prague have also transferred to the urban areas the functions of their founder or the power to establish, manage and abolish such organisations, (5) if they do not belong to the municipalities pursuant to § 2 or § 3.
(2) For the decision referred to in paragraph 1, the district office and the Ministry of Finance of the Czech Republic in the capital of Prague shall seek the prior approval of the Ministry of Administration of National Property and its privatisation.
(3) In the case of cases owned by the Czech Republic, on the date of application of this Act, the right of management of state-owned enterprises, if the district authorities, municipalities and the capital of Prague have also transferred to the urban areas the function of their founder, the municipality may apply pursuant to paragraph 1 after one year from the date of application of this Act.
(1) At the request of the municipality, the Ministry of Culture of the Czech Republic may decide to transfer ownership of the municipality from the ownership of the Czech Republic to cultural monuments, museums and galleries, including their collection funds, to which the right to manage the organisations belonged, provided that the municipality and the capital of Prague have also transferred the functions of the founder or the authority to establish, manage and abolish these organisations, 5) if they do not transfer to the municipality pursuant to § 3 or as buildings with the construction of one functional unit pursuant to § 2.
(2) At the request of the municipality, the Ministry of Education, Youth and Sports of the Czech Republic may decide to transfer to the municipality from the ownership of the Czech Republic the objects of schools and educational establishments for which the right to manage the organisations and in which schools and educational establishments are operated at the date of the effective application of this law, provided that one functional unit has also been transferred to the municipality and the capital of Prague to the municipality or to the authority to establish, manage and abolish these organisations, 5) if they do not transfer to the municipality as a building with the construction of one functional unit pursuant to § 2.
The general administrative rules do not apply to decisions under Sections 5 and 6 of this Act. 10)
The municipalities are obliged, within one year of the acquisition of ownership of immovable property under this Act, to make a proposal to the appropriate geodesy centre to register such immovable property. 11)
repealed
This Act takes effect on the date of its publication (24 May 1991).
* * *
Act No. 485 / 1991 Coll., amending and supplementing the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), and the Act of the Czech National Council No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, became effective on the date of its publication (29 November 1991).
Act No. 10 / 1993 Coll., on the State Budget of the Czech Republic for 1993, amending and supplementing certain laws of the Czech National Council and certain other regulations, took effect on 1 January 1993.
Act No. 114 / 2000 Coll., amending the Act of the Czech National Council No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, as amended, took effect on 1 July 2000.
Prime Minister:
Ing. Zeman v. r.
1) § 68 paragraph 1 of the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment).
2) § 3 paragraph 3 of the Act of the Czech National Council No. 367 / 1990 Coll., on Municipality (municipal establishment).
3) § 37 paragraph 1 of the Czech National Council Act No. 418 / 1990 Coll., on the Capital City of Prague.
3a) Paragraph 1 (2) of Act No. 367 / 1990 Coll., on Municipality (municipal establishment). § 2 (5) of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
4) Paragraph 59 (1) of Act No. 41 / 1964 Coll., on the Housing Management.
5) § 67 of the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment). § 36 Act of the Czech National Council No. 418 / 1990 Coll., on the Capital City of Prague.
6) § 198 et seq. of the Civil Code.
7) Ordinance of the Government of the Czech and Slovak Federal Republic No. 212 / 1990 Coll., on the withdrawal of immovable property of the State in the permanent use of the Communist Party of Czechoslovakia.
8) Paragraph 70 of the Economic Code. Section 10 of the Federal Ministry of Finance Decree 119 / 1988 Coll., on the Management of National Property, as amended.
9) For example, Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, Act No. 403 / 1990 Coll., on the Reduction of the Consequences of Certain Property Injury.
10) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
11) Act No. 22 / 1964 Coll., on the registration of real estate.
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Regulation Information
| Citation | The full text of Act No. 398 / 2000 Coll., Act No. 172 / 1991 Coll., on the Transfer of certain items from the property of the Czech Republic to the Owned Municipality, as follows from the amendments made by Act No. 485 / 1991 Coll., Act No. 10 / 1993 Coll. and Act No. 114 / 2000 Coll. |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2000 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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