Government Decree No. 4 / 2000 Coll.
Government regulations implementing the Land Adjustment Act and Land Authorities
Valid
Effective from 01.03.2000
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4
GOVERNMENT REGULATION
of 13 December 1999
to implement the Land Adjustment Act and Land Authorities
The Government orders the implementation of Act No. 284 / 1991 Coll., on Land Adjustments and Land Offices, as amended by Act No. 38 / 1993 Coll. and Act No. 217 / 1997 Coll.:
ADJUSTMENT
Forms of the land design
The elements of the land design are the documents and the results of the activities, including the way in which they are procured in accordance with § 2 to 11. The documentation on the elements of the design of land-use modifications is contained in points 1 to 9 of the Annex to this Regulation.
Documentation and activities on the acquisition of land-based modifications
(1) The supporting documents and activities in the processing of the design of land-use arrangements include:
(a) the preparation of land-use adjustment procedures;
(b) the determination of the perimeter of the land modification and the identification of the progress of the land boundaries;
(c) processing of an inventory of land owners' claims;
(d) design of common facilities, 1)
(e) a proposal for a new land arrangement.
(2) The supporting documents and activities following the approval of the design of land-use arrangements include:
(a) establishment of land borders and transfers of common facilities, 1)
(b) a copy of the formalities for the entry of the land-use adjustment results into the property register, including a digital cadastral map.
Preparation of land modification proceedings
(1) As a general rule, the Land Office shall notify the expected date of the opening of land-use modifications to the cadastral office in advance. (2) The Land Authority shall also inform the municipality and persons who have large-scale real estate in the area of land-use treatment (e.g. infrastructure, railways, airports, watercourses, forest land) with a notice of the obligation of permanent designation of the land borders under the special legislation.
(2) The documents for the processing of the design of land-use modifications consist of:
(a) a set of geodetic information and a set of descriptive information of the cadastral operator, or operators of the former land register and downstream operators of the allocation and assembly procedure, to the extent necessary and in the form in which they are maintained or stored by the cadastral office;
(b) the allocation documents or decisions and, where appropriate, other documents under special legislation4) submitted to, or established by, the Land Office for the purpose of specifying or reconstructing the land-based allocation procedure, 5)
(c) instruments certifying legal relations which are not yet covered by the real estate register;
(d) maps of soil-protected ecological units, 6)
(e) approved or developed zoning documentation, zoning documents and territorial decisions, 7)
(f) available supporting documents, analyses and information on the state of the territory and its use (e.g. water management, soil protection, transport, territorial environmental stability systems and landscape impact assessment), including usable parts of previously processed land-based projects;
(g) evaluation of detailed field surveys, aimed in particular at soil, water, landscape and nature protection;
(h) the updated status of the cadastral property data transmitted by the cadastral authority during land-use adjustments in a manner agreed with the Land Office and new facts on legal relations established during land-based adjustments by the Land Office.
(3) On the basis of the evaluation of the supporting documents referred to in paragraph 2, the Land Office shall establish the objectives and guidelines of the land-based arrangements with which it shall inform the participants at the opening meeting. 8)
Determination of the perimeter of land treatment
(1) Land within the perimeter of the land modification shall be excluded from land intended for defence of the State, land intended for the extraction of reserved minerals, land protected under special legislation, land built and intended for construction and land not required for the implementation of the land modification, as assessed by the Land Authority (9). For these parcels, the Land Authority shall ensure, at the same time as the land modification is proposed, that the documents for the renewal of the cadastral operator are prepared to the extent agreed with the cadastral office. The method and organisation of the discussion of the results of the renewed cadastral operator for these parcels shall be discussed by the Land Authority within the meaning of a specific legislation. 10)
(2) The parcels included in the perimeter of the land-use treatment, the parts of which have the character of the land-use treatment excluded, (11) are divided according to the approved land-use treatment design.
Procedure for determining the progress of land borders
(1) The Land Authority shall invite representatives of other bodies (e.g. the protection of the agricultural land fund and the state administration of forests) to identify the borders of the municipality, or under local conditions. In order to determine the border of the cadastral territory, which is also the border of the municipality, the Land Office shall invite representatives of neighbouring municipalities.
(2) The Land Office shall inform the municipalities and the cadastral office of the date of border detection at least one month in advance and discuss with them the manner and extent of cooperation in this survey. 12)
(3) The border finding shall be carried out with the participation of the landowners or their representatives to whom the invitation shall be delivered at least a week in advance and to indicate that the results of the land modification will serve to restore the cadastral operator. In order to identify the borders, the owners of land whose common border is the border of the perimeter of the land adjustment and the owners of land merged in soil units shall be invited in cases where their participation is necessary to determine the course of the ownership border existing in the field. However, the non-participation of invited landowners shall not prevent the further exploitation of the results of the border survey.
(4) If the current progress of the field borders is agreed by the owners of the land invited in accordance with paragraph 3, they shall confirm the report on the outcome of the border survey; It shall include a sketch showing the actual progress of the borders drawn up on a copy of the cadastral map. If there is a discrepancy in the owners' claim on the progress of the land border, it shall be treated in accordance with specific legislation. 13)
(5) In order to establish the procedure for the identification of borders by the Land Authority, the provisions of the special legislature14 shall apply mutatis mutandis. The results of the border survey shall be confirmed by the Land Authority in the Protocol.
(1) The provisions of the Special Legislative Act (15) and (16) apply mutatis mutandis for the performance of the agricultural activity (15) and for the determination of the characteristics and criteria of the accuracy of the detailed measurement and display of the cadastral map16.
(2) The cadastral office shall be indicated on the proposal for the addition, the way of identification and the orientation of the detailed position point field. 17)
(3) The territorial dimension of the land-based adjustment perimeter shall be determined by calculating from the coordinates of the quarry points of the land-based adjustment perimeter determined in the coordinate system of the single trigonometric network of the cadastral18) with the quality code 3 Code of the quality characteristics of the detailed points. 19)
(4) The territorial measurements established in accordance with paragraph 3 shall be compared with the area of the territory obtained by the sum of the area of all parcels by cadastral. The difference in measurements shall be compared to the limit value laid down by the specific legislation. 20)
(5) If the difference in the area referred to in paragraph 4 does not exceed a specified limit derogation, 20) the sum of the area of parcels in the inventory of the land owners' claims shall be corrected to remove the difference found in paragraph 4.
(6) If the difference in the area referred to in paragraph 4 exceeds the specified limit deviation, 20) the contractor shall verify that there is no error in the location or calculation of the area or in the sum of the area of parcels according to the cadastral. If no error has been detected, the Land Authority shall, after consultation with the cadastral authority (22), establish a further procedure. If it can be established (21) that an error in the location of the territory or the calculation of its area is detected, it shall immediately inform the Land Office and shall remove it at its own expense, unless the Land Office provides otherwise.
(7) In the case of detailed measurements, the elements of the half-book required for the design of land treatment (e.g. drainage shafts, irrigation hydrants, water springs, surface drainage, limits, accompanying greenery, soliters, depots, culverts, paths of concentrated surface water drain, fences, engineering networks and permanent crops construction) shall be targeted beyond the contents of the cadastral map and the uppermost content shall be supplemented as appropriate.
List of land owners' claims
(1) An inventory of the land owners' claims shall be drawn up on the basis of the documents referred to in Article 3 (2), the results of the border survey, the detailed measurements referred to in Article 6 and the detailed field survey.
(2) Each owner's claim includes all his land within the perimeter of the land modification, including the marking of material burdens and other rights in rem (e.g. lien and pre-purchase) registered in the property register. The land referred to in Article 4 (1) shall be shown separately in the entitlement and shall not be valued.
(3) The land referred to in Article 4 (2) shall be divided into part of the land-use treatment included and part of the land-use treatment excluded, which shall not be valued.
(4) Data on soil and environmental units (23) are adapted to the changes in land resulting from the focus of the real state in the field. 24)
(5) Where necessary, the update of the boniedsoil-ecological unit (23) is carried out by the Land Authority in accordance with specific legislation. 25)
(6) The land or parts thereof on which the State-owned buildings are located, 26) if the land is the subject of an exchange, shall be valued at the price of adjacent agricultural parcels.
(7) The land of owners or parts thereof on which field roads are situated shall be valued, for the purposes of land treatment, at the price of adjacent agricultural parcels without account being taken of whether the field trip is registered or not in the property register.
(8) In the case of hops, vineyards, orchards, gardens and forest land, the land price and the crop price should be shown separately and broken down by type of crop.
(9) For the purposes of land-use adjustment, the price of the crop referred to in paragraph 8 which is situated on land or parts thereof combined into soil units shall be determined as a multiple of the area of the parcel or part thereof and the average price of the crop per m2 ("the average price '), provided that no other agreement is reached between the landowners and the owners of the crops. The average price shall also include a share of the price of the item which is part of the crop or plot. For the calculation of the average price, the crop on the soil shall be valued in accordance with a specific legal provision. 27)
Design of common facilities
(1) The proposal for joint equipment1) addresses the spatial location of the buildings and other measures needed to make land accessible, to protect and nationalise the soil fund, to protect the environment, to enhance the landscape and to improve its ecological stability, and sets out how the land area is used in the land-use area.
(2) The common facilities (1) to make land accessible are, for example, the construction and reconstruction of forest and forest roads, bridges, passes, brods and railway crossings; the common facilities (1) for the protection of the soil fund are, for example, anti-erosion measures (anti-erosion limits, drains, sewers, moats, terraces, windmills, grubbing-up, afforestation, etc.) and water-management measures for the safe removal of surface waters and the protection of the area against flooding (flow adjustments, tanks, ponds, drainage, protection barriers, dry ladders, etc.); Common facilities (1) to protect and create the environment, enhance the landscape and enhance its ecological stability are, for example, territorial systems of environmental stability, complementing and, where appropriate, removing greenery and landscapes.
(3) The design of joint facilities (1) also includes a proposal for a technical solution to the newly proposed structures and other measures to the extent specified by the Land Authority, including a proposal for a solution to restore the functionality of common facilities that already exist in the field.
(4) The proposal for joint installations (1) contains the total balance sheet of the land-use fund to be allocated for its implementation, including the balance sheet of state-owned land used and municipality-owned land, or the extent to which land-use owners are involved in the necessary area of the land-use fund, unless only State-owned land and municipal-owned land can be used for this purpose. 28) The extent to which landowners may participate in the allocation of the necessary land-use fund for these purposes is limited by the conditions laid down for the design of land-use adjustments in Section 12.
(5) On the proposal for joint facilities (1), the Land Office will ensure the expression of the competent authorities of the state administration and of the assembly of representatives and, where appropriate, the owners of the land, if not elected, 29) and municipalities.
Proposal for a new land arrangement
(1) The proposal for a reorganisation of the land is based on the negotiated proposal for joint facilities (1) and on the established use of the land under Section 8; it also takes account of the requirements of the landowners.
(2) The formation of parcels shall be carried out in accordance with specific legislation. 30)
(3) The marking of new parcels with parcel numbers shall follow the procedure laid down by the cadastral office. 31)
(4) The proposal for a new arrangement of the land is processed in the coordinate system of the Single Trigonometric Network of the cadastral. 18)
(5) The dimensions of the new parcels shall be calculated from the coordinates of the fractional points of the parcel boundaries, rounded to the nearest square metre.
(6) The design of land-use modifications is carried out in digital terms and on a scale determined by the cadastral office. 31) The proposal is also processed in graphic form.
(7) The data of the approved land modification design, which serves as a basis for the digital cadastral map, are stored on the recording medium of the computer.
(8) Amendments to the land-use adjustment proposal resulting from the resolution of the land owners' comments on the proposal for the final oral hearing, 32) are only discussed with the land owners concerned by the amendment if there are no substantial changes in the solution to the proposal. In the event of major changes to the solution to the proposal, the Land Authority shall order a new final oral hearing.
Compensation and amendment of the cadastral border
(1) The settlement of the border of the cadastral territory which is identical to the border of the municipality presupposes the agreement of the municipalities concerned. The amendment of the border of the cadastral territory, which is identical to the border of the counties, presupposes the agreement of the municipalities concerned and the competent district authorities. 33)
(2) The settlement of the border of the cadastral territory, which is identical to the border of the counties in the design of land-based adaptations, is not a change in the territory of the counties within the meaning of a specific legislation. 34)
Establishment of land borders and transfers of common facilities to owners
(1) The establishment of land boundaries in the field according to the approved design of land modifications shall be carried out in accordance with specific legislation. 35)
(2) Transfers of ownership of common facilities (1) to persons pursuant to an approved land modification proposal are free of charge. Contracts for the free transfer of joint equipment1) do not require approval under a special legislation. 36)
Assessment of the adequacy of the quality and area of the land allocated
(1) The listed land in the proposed land-use arrangements for the exchange of ownership rights (hereinafter referred to as "land-use-based land") is of a reasonable quality, 37) if the difference in the price of the original land and land-use land does not exceed 4% of the price of the original land.
(2) Quantified land is at a reasonable distance, 37) if the difference between the resulting distance of the original and the reserved land does not exceed 20% of the distance of the original land. that limit does not apply if its non-compliance is due to terrain barriers, off-level crossing with the motorway body or similar facts. The resulting distance is the weighted arithmetic mean of the distances of the land from the original estate. If the distance of the land cannot be objectively determined, its finding shall be governed by the way discussed by the Land Office with the Land Council (38) or with the land owners, unless the College is elected.
(3) Quantified land is in an appropriate size, 37) if the difference in the area of the original and reserved land does not exceed 10% of the area of the original land.
(4) The limits set out in paragraphs 1 and 3 are assessed in a reciprocal manner.
TRANSITIONAL PROVISIONS
(1) Paragraph 2 to 11 shall not apply to the cases of land-use change initiated before the date of application of this Regulation, provided that the Land Authority has provided for the professional processing of the land-use design 39) by providing supporting documents for the introduction of land-use adaptation results into the property register in accordance with a specific legislation. 40)
(2) Paragraph 12 shall not apply to cases of land-use change initiated if a final oral hearing has taken place before the date of application of this Regulation. 32) In such cases, the land arrangements shall be completed in accordance with the legislation in force before the application of this Regulation.
Decree No. 427 / 1991 Coll., laying down the details of the design of the land modification and the rules for assessing the adequacy of the quality and area of the land exchanged, is hereby repealed.
EFFECTIVE
This Regulation shall enter into force on 1 March 2000.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Annex to Government Decree No. 4 / 2000 Coll.
DOCUMENTATION OF RESULTS
1. The summary report shall contain the basic identification data on the territory, the extent of the land modifications, the dates and costs of the land modifications.
2. Documentation of the preparation of land modification proceedings
contains
(a) a summary of the supporting documents for the design of the land modification;
(b) the conditions of the cadastral renewal office;
(c) the conditions of the public authorities for the protection of interests in accordance with specific rules, including the supporting documents for the designation or delimitation of land excluded from land-based treatment;
(d) an agreement with the cadastral office on the processing of documents for the renewal of the cadastral operator for land excluded from land-use treatment and land-based treatment not included, including the manner and mutual cooperation with the cadastral office in their discussions with land-owners.
3. Assessment of the supporting documents and analysis of the current state
contains
(a) natural conditions (climatic, hydrological, geological and soil conditions);
(b) a description of the territory (landscape, soil fund structure, geobiocenological differentiation of the territory - bioregion, biochemistry, vegetation stages, groups of types of geobiocene),
(c) economic use of the territory, environmental impact (characteristics of agricultural production, forest production, other use of the territory - extraction of raw materials, industry, water collection, recreation, specific interests in the territory - state defence facilities, overhead and underground lines and facilities, farming methods),
(d) the objectives and tasks of zoning according to the zoning documentation and zoning documents;
(e) evaluation of the conditions of the public authorities on the design of land-use arrangements;
(f) evaluation of the results of detailed field surveys, in particular aimed at soil, water, landscape and nature protection.
4. Documentation to determine the perimeter of land modifications
contains
(a) addition of a detailed position point field discussed with the cadastral authority (technical report, clear sketch, list of coordinates and heights, measurement notebooks, calculation reports and geodetic data);
(b) the results of border tracing (border detection protocols, including sketches, geometric plans and records of detailed measurement of changes to determine the perimeter of land-based modifications and other documents relating to border tracing);
(c) detailed orientation of the half-book and, where appropriate, the altimeter;
(d) calculation of the surface area of land treatment;
(e) the balance sheet of the territory of the district on the basis of the results of the detailed focus (survey of land in the area of land-based treatment, of which land-based adjustments excluded, land-based treatment not included and land-based treatment included).
5. Documentation of land owners' claims
contains
(a) land owners' claims according to the land register, the alphabetical register of land owners, the list of ownership sheet numbers, the listings from the land register, including the identification of material burdens and other rights in kind, and an overview of the land with material burdens;
(b) evidence of the discussion of the valuation of the land and the consent of the landowners with the land exchange pursuant to § 8 (17) of Act No 284 / 1991 Coll.,
(c) evidence of the issue of an inventory of land owners' claims and of discussions with land owners, including their comments on the inventory of land owners' claims and their resolution.
6. Design of common facilities
contains
(a) a draft plan for the territorial system of environmental stability, including land rights and technical solutions;
(b) the design of structures and other measures to protect the landscape and the agricultural land fund, including proposed changes to land types and land rights and technical solutions;
(c) design of buildings and other facilities to ensure the accessibility of land, including land rights and technical solutions;
(d) the design of the structures and other measures to adjust the water conditions, including the balance of land entitlements for common facilities, the balance of changes in land types and the balance of the land used from the ownership of the State, the municipality and, where applicable, other owners;
(e) evidence of discussion of the design of the common facilities.
7. Proposal for a new land arrangement
contains
(a) the balance of the owners' land according to the new arrangement proposal, including their comparison according to Part Two;
(b) the balance of proposed changes to the types of land;
(c) a list of sites with protected interests in accordance with special regulations registered in the area of land-based treatment, as defined by the competent authorities of the State on the basis of a notification of the initiation of land-based treatment;
(d) the results of the discussions with the landowners;
(e) documentation on changes in the boundaries of the cadastral territory (indicating changes on the cadastral map, comparative compilation of changes in the cadastral territories concerned, statement of the total outlays, the consent of municipalities and counties referred to in Article 10).
8. Graphic annexes
contain
a clear map of 1: 10 000 or 1: 25 000, a copy of the map of the previous land register, a copy of the map of the cadastral, accompanied by a simplified land register status, a copy of the map of the Bonized Soil Organic Units, a map of the survey with an altimeter content of 1: 2 000 or 1: 5 000, a map of the design of the common facilities, a map of the design of the new land arrangement, a graphic output of the digital cadastral map.
9. Document Part
contains
(a) the documents of the Land Office relating to the land adjustment procedure (documents initiating the procedure, examination of the conditions, minutes of the negotiations, receipt of an extract from the list of claims to the owners of the land, the issue of a proposal for a public consultation, the final hearing, the submission of a proposal to the public authorities for the granting of the measure, the results of the final hearing, the comments of the owners on the application, the discussion of changes to the proposal resulting from the comments on the proposal, the documents of delivery and, where appropriate, other documents, if they are no longer part of the formalities),
(b) evidence of the application being examined by the processor, unless it is already contained in other particulars.
10. Cost of land treatment
contain
the cost of processing each stage of the design of land-use changes (supporting documents and surveys, surveying activities, processing of land-use changes, costs and, where appropriate, their estimate for the processing of implementation projects, for the implementation of land-use adjustments and land-setting).
11. Documentation on land identification
contains
discuss the process of implementing land modifications with land owners, including the need for land identification and land designation in the field and the start of land management on newly established land.
1) Article 8 (15) of Act No. 284 / 1991 Coll., as amended by Act No. 217 / 1997 Coll.
2) Sections 13 to 17 of Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
3) Sections 10 and 11 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) Decret of the President of the Republic No. 12 / 1945 Coll., on confiscation and accelerated distribution of agricultural assets of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people. Decret of the President of the Republic No. 108 / 1945 Coll., on confiscation of enemy property and National Recovery Funds. Decree of the President of the Republic No. 28 / 1945 Coll., on the settlement of agricultural land of Germans, Hungarians and other enemies of the state by Czech, Slovak and other Slavic farmers. Act No. 142 / 1947 Coll., on the revision of the first land reform. Act No. 46 / 1948 Coll., on New Land Reform.
5) Article 4 (2) of Act No. 284 / 1991 Coll., as amended by Act No. 217 / 1997 Coll.
6) Paragraph 2 of Decree No. 327 / 1998 Coll., which sets out the characteristics of the soil-protected ecological units and the procedure for their management and updating.
7) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 262 / 1992 Coll., Act No. 43 / 1994 Coll., Act No. 19 / 1997 Coll. and Act No. 83 / 1998 Coll.
8) § 7 of Act No. 284 / 1991 Coll., as amended by Act No. 217 / 1997 Coll.
9) § 11 (a) of Act No. 284 / 1991 Coll., as amended by Act No. 38 / 1993 Coll.
10) Paragraph 58 (4) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
11) Article 3 (2) of Act No. 284 / 1991 Coll., as amended by Act No. 38 / 1993 Coll.
12) § 58a (d) and (f) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
13) Paragraph 14 (6) of Act No 344 / 1992 Coll.
14) Paragraph 58 (3) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll. Act No. 200 / 1994 Coll., on Surveying and amending and supplementing certain laws related to its implementation.
15) Sections 59 to 74 of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
16) Point 12 of the Annex to Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
17) § 58a (g) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
18) Paragraph 18 (2) of Act No 344 / 1992 Coll.
19) Point 12.15 of the Annex to Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
20) Point 13.2 (b) of the Annex to Decree No 190 / 1996 Coll.
21) Act No. 200 / 1994 Coll.
22) § 58a (d) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll.
23) § 9 (2) of Decree No. 190 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll. § 8 (8) of Act No. 284 / 1991 Coll., as amended by Act No. 217 / 1997 Coll.
24) Paragraph 8 (4) of Act No. 284 / 1991 Coll., as amended by Act No. 217 / 1997 Coll.
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Regulation Information
| Citation | Decree of the Government No. 4 / 2000 Coll., implementing the Act on Land Adjustments and Land Offices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2000 |
|---|---|
| Effective from | 01.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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