Act No. 405 / 2012 Coll.
Act amending Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights in respect of land or construction (Expropriation Act), Act No. 357 / 1992 Coll., on inheritance, donation tax and property transfer tax, as amended, and Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure, as amended by Act No. 209 / 2011 Coll.
Valid
Effective from 01.02.2013
405
THE LAW
of 25 October 2012
amending Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights in respect of land or construction (Expropriation Act), Act No. 357 / 1992 Coll., on inheritance, donation and property transfer tax, as amended, and Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure, as amended by Act No. 209 / 2011 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Expropriation Act
Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act), as amended by Act No. 167 / 2012 Coll., is amended as follows:
1. In Article 2, the words "if the title to the construction or land to which the expropriation relates has been transferred to ensure the fulfilment of the epizo4) are added at the end of the text in point (b), it is also required to be expropriated from the hedging transfer of the right which it has transferred to the creditor in order to ensure its ownership right '.
2.
(1) Expropriation shall be permitted if the expropriator has failed to conclude a contract within 90 days to acquire the rights of the land or construction necessary for the purpose of expropriation laid down by law. The time limit for the conclusion of the contract with the expropriated shall begin to run on the day following the receipt of the application for conclusion of the contract (3).
(2) In relation to the draft contract, the expropriator is obliged to submit:
(a) an expert opinion which suggests that he has proposed an expropriated price for obtaining the necessary rights to land or construction; and
(b) information on the purpose of the expropriation, that is to say, a specific project which cannot be carried out without obtaining the necessary rights for the land or construction from the expropriated, with the warning that, if the contract is not concluded, such rights may be acquired in the public interest by expropriation.
(3) If the object of the contract is part of the plot, the geometric plan defining that part of the plot shall be an integral part of the draft contract.
(4) A contract for the acquisition of the necessary rights in respect of the land or construction referred to in paragraph 1 must establish a right expropriated for the repayment of the transferred rights, unless the implementation of the purpose of the transfer is commenced within 3 years of the conclusion of the contract.
(5) Compliance with paragraph 1 shall not be required:
(a) if the expropriated person is not known, if his residence is unknown, or if he has failed to deliver it to a known address; or
(b) if the expropriated person is restricted in his contractual freedom by law, by a decision of a court or by a decision of another public authority which has been prohibited from transferring his property to a property or to a building to another.
(6) Where the land or building is co-owned by the expropriated and expropriated, expropriation may be carried out only if the purpose of the expropriation cannot be achieved by cancelling such ownership. ';
3.
Expropriation consisting of the withdrawal of property rights in respect of land or construction shall cease all rights of third parties in respect of the expropriated land or construction, unless otherwise specified. '
4. In Article 7 (1), the words ", non-residential space, construction or land 'shall be inserted after the words" apartment rental'.
5. In Article 7 (2), the words ", non-residential space, construction or land 'shall be inserted after the words" their' and the words "by the tenant 'shall be deleted.
6. In Section 8, the words "lease of land or part of land, lease of non-residential space and" cancel and load 'are replaced by the words "burden'.
7. Article 9 shall be deleted;
8. in Paragraph 10 (1) (a), the comma after the word "buildings" shall be deleted and the words "all its components and" shall be replaced by "theirs."
9. In Paragraph 10 (3), the second sentence is deleted.
10. In Section 10, paragraphs 4 and 5 are added:
"(4) Where a valuation compensation is determined, the valuation shall be made in accordance with the valuation regulation effective at the time of the expropriation decision. Where the normal price7) of the land or construction would be lower than the price established under the valuation regulation, the expropriated compensation shall be equal to the price established under the valuation regulation.
(5) The price of the land or construction shall be determined, for the purposes of determining the refund, on the basis of their actual status and purpose on the date on which the application for expropriation is submitted; without prejudice to their evaluation or impairment in relation to the proposed expropriation purpose. ';
11. in Article 11, the word "usual" shall be deleted;
12. In Section 12, the words "rental rights or 'and the words" tenants and' are deleted and the words "rights' are replaced by the words" rights';
13. in Paragraph 14 (1):
"(1) The expropriator shall grant to the expropriated party the intended refund in full, unless the expropriated plot or construction is subject to rights in rem which cease to be expropriated and where its reimbursement is not due to the lien creditor, the lien creditor or the creditor entitled to the hedge transfer of the right to pay outstanding claims. The expropriator shall provide the designated replacement to the entitled person of the material burden which he ceases to be expropriated separately. ';
14. In Article 14, the following paragraph 2 is inserted after paragraph 1, including footnote 19:
"(2) If, on the land or construction, the rights in rem which cease to be expropriated and are to be paid from the compensation for expropriated persons to the lien creditor, the lien creditor or the creditor entitled to the hedge transfer of the right of outstanding claim, the expropriation office shall decide on the refund for expropriated persons and determine the part of that compensation to be paid by the expropriator to those persons on the basis of an agreement submitted to distribute the refund with the officially certified signatures of the Contracting Parties, otherwise it shall order the expropriator to lodge the refund for the deemolument in custody of the court (10), 19), 19), in whose circumference the property or construction is to that party.
19) Article 185f of the Civil Code. '.
Paragraph 2 shall become paragraph 3.
15. in Paragraph 14 (3), "1" is replaced by "2."
16. In Article 17 (1), the comma after the words "a" and "and the words" and the lessee of the land or building to which the expropriation relates, or parts thereof, with the exception of the lessee of the flat, shall be replaced by "and the words" and the lessee of the land or construction to which the expropriation relates, or parts thereof, except the lessee of the apartment, "shall be deleted.
17. in Paragraph 17 (2):
"(2) If the title to the construction or land to which the expropriation relates has been transferred to ensure the fulfilment of the epizo4), the party to the expropriation proceedings shall also be entitled to the right to such a security transfer. '
18. In Article 17 (4), the words "abroad 'are deleted.
19. in Paragraph 18 (3):
"(3) The application shall be accompanied by:
(a) a cadastral map with an outline of the land and buildings proposed for expropriation, supplemented by a situation of other map materials which express graphically legal relations to real estate in cases where such relations have not yet been marked in the cadastral map; If a part of the land is expropriated, a geometrical plan in triplicate shall also be attached,
(b) a territorial decision requiring its issue for the purpose of expropriation (2) and where the building office which issued it is not at the same time an expropriation office;
(c) documents proving compliance with the expropriation conditions referred to in Article 5, including a declaration that the expropriator has failed to obtain the necessary rights to land or construction within the prescribed time limit;
(d) an expert opinion, provided that it has been provided in accordance with the first sentence of Article 20 (1), which, in the case of the fixing of a refund pursuant to Article 10 (1) (a), contains both the normal price and the price determined in accordance with the valuation regulation, effective at the date of application; Article 10 (5) applies mutatis mutandis,
(e) an expert opinion, if it has been provided in accordance with the first sentence of Paragraph 20 (1), which, in the event of a refund being fixed in accordance with Article 12, shall contain the amount of the refund for a beneficiary of the existing burden of material damage in accordance with the valuation regulation effective at the date of application,
(f) an agreement expropriated for the distribution of the refund with those to which rights in kind in respect of the expropriated land or construction are bound by the expropriation, if it has been concluded before the application is made, and the expropriator has this agreement. "
20. In Article 19 (3), the first sentence is replaced by the following: "Upon notification of the initiation of the expropriation procedure, the expropriated person may not dispose of the land or construction to which the expropriation relates, transfer, lease or otherwise burden them. The legal acts by which the expropriated person infringes this obligation shall be void; This does not apply to contracts concluded with the expropriator. ';
21. In Paragraph 20 (1), the words "referred to in Paragraph 10 (1)" and the words "; expert opinions may not be deleted when proceedings are initiated for more than 90 days";
22. in Article 23 (5), the words "subject to registration" shall be replaced by the words "registered."
23. Sections 24 and 25, including footnote 20, read:
(1) If it is not established in the proceedings that the conditions for expropriation are met, the expropriation office shall reject the request of the expropriator. If the property entered in the property register is the subject of the expropriation, the expropriation office shall notify the cadastral office of the rejection of the application for revocation immediately after the decision to reject the expropriation application has become final. Paragraph 23 (4) on the obligation of the expropriator to compensate the expropriated damage or any other damage arising to it in connection with the application shall apply mutatis mutandis.
(2) If the expropriation office concludes that the conditions for expropriation are met, it shall decide by separate statements on the expropriation of the land or construction rights and on the compensation for expropriation.
(3) Statements on the expropriation of rights to land or construction of expropriation office
(a) decide on:
1. the abolition or limitation of the right corresponding to the material burden on the land or construction concerned by the expropriation; or
2. the restriction of the property right to land or construction by establishing a burden in kind for the benefit of the expropriator and defining its content; or
3. Withdrawal of the right to property expropriated to land or construction and of its transfer to expropriators;
(b) decide whether this is required by the public interest which rights associated with the land, construction or part of the expropriation do not cease;
(c) determine the time limit within which the expropriator is obliged to initiate the execution of the expropriation; the period may not exceed 2 years from the legal authority of the decision.
(4) Remuneration statements for expropriation of the expropriation office
(a) fix the amount of the refund for the expropriated person and the person entitled to the burden in kind whose rights of expropriation cease to exist and require the expropriator to pay them the compensation within a period which may not exceed 60 days of the legal authority of the decision;
(b) if the agreement referred to in Article 11 is reached, it shall determine the land or construction which is transferred to the property of the expropriated person, or, where appropriate, shall decide to compensate for the difference in the price of the expropriated land or building and the replacement plot or construction in accordance with the valuation regulation effective at the time of expropriation, including a time limit for delivery of transactions which may not exceed 60 days from the legal authority of the decision;
(c) determine the amount of the compensation for the expropriated person which the expropriator is obliged to grant to the lien creditor, the lien creditor or the creditor entitled to the hedge transfer of the right to pay the claims secured, where an agreement has been submitted, otherwise he shall require the expropriator to deposit the compensation for the expropriation in the custody of the court (19);
(d) require the expropriator to make up for the costs incurred by him for drawing up the expert's report and specify a period which may not exceed 60 days from the legal authority of the decision.
(1) Decisions given pursuant to § 23 and 24 cannot be notified by oral notice.
(2) At the time of the appeal lodged and admissible against one of the statements referred to in Article 24 (3), the suspension shall also have effect on the other statements of the decision. The suspensive effect of such an appeal cannot be excluded. At the time of the appeal and admissible appeal brought against only one of the statements referred to in Paragraph 24 (4), it shall not have suspensory effect on the other statements of the decision.
(3) The expropriator shall pay a specified refund to the expropriated or, where appropriate, to third parties within 60 days of the legal authority of the expropriation statements; the refund may be lodged in court (19) if the creditor does not provide the expropriator with the necessary synergies.
(4) The appeal authority may not, in appeal proceedings, change the statement of refund to the detriment of the expropriated or third parties. If the refund is to be set at a higher level, the expropriator shall settle the difference no later than 30 days after the decision has been final.
(5) The expropriation decision shall be sent by the expropriation office to the competent cadastral office for registration, together with an indication of the rights in redeemed properties which have ceased to exist in the cadastral according to § 6.
(6) The time limit laid down in Article 24 (3) (c) may be extended by the expropriation office at the request of the expropriator before its expiry, only in cases of special consideration, for a maximum period of two years.
20) Paragraph 68 (5) and (6) of the Administrative Regulation. "
24. in Paragraph 26 (1), "paragraph 2 (c)" is replaced by "paragraph 4 (a) or (b)," "paragraph 2 (g)" is replaced by "paragraph 3 (c)" and "paragraph 4" is replaced by "paragraph 6."
25. in § 26 (2), "§ 6, § 7 (2) and § 9" is replaced by "§ 6 and § 7 (2)";
Article 26 (28) reads:
(1) The operative part referred to in Article 24 (3) may be examined in an action against a decision of an administrative authority. The opinion under Paragraph 24 (4) may be debated in civil proceedings (15); the jurisdiction at first instance shall be the regional court.
(2) An action which a party to the proceedings requires to be heard under Paragraph 24 (4) in civil proceedings (15) must be brought within 30 days of the decision of the expropriation office being given. This time limit cannot be waived. By cancelling the statement referred to in Article 24 (3), the opinion referred to in Article 24 (4) shall also cease to apply.
(3) When determining the amount of the refund, the Court of First Instance will take into account all circumstances in order to obtain a fair refund. In justified cases, it shall fix an amount higher taking into account the exceptional characteristics of the land or construction expropriated or, where appropriate, the exceptional circumstances of the case. In addition to the compensation provided for in Section 10, expropriation may be granted to the expropriated:
(a) an amount of up to 40% of the price determined pursuant to Articles 10 (1) (a) and 10 (4) and (5) for the reduction of the hardness of the expropriation, taking into account the length of ownership of the land or construction more than 15 years after acquisition for remuneration;
(b) an amount of up to 10% of the price determined in accordance with Article 10 (1) (a) and Article 10 (4) and (5) in the case of the location of the land or construction in the built-up area;
(c) an amount equal to a maximum of 10% of the price determined in accordance with Articles 10 (1) (a) and 10 (4) and (5) in the case of the location of the land or construction in the territory with a special architectural value or a special historical value, where applicable; or
(d) an amount of up to 20% of the price determined in accordance with Articles 10 (1) (a) and 10 (4) and (5) in the event of the importance of the land or construction for the business.
(4) An action brought against the operative part pursuant to Article 24 (3) (a) shall have suspensory effect. "
27. In Section 29, the first sentence, including footnote 16, is deleted and after the word "Provisions' the words" Administrative Regulations' are inserted.
Transitional provisions
1. Requests for expropriation which were initiated before the date of entry into force of this Act and have not yet been definitively concluded shall be discussed and decided in accordance with Act No. 184 / 2006 Coll., as effective by the date of entry into force of this Act.
2. Proceedings in expropriation cases pending in civil proceedings which began before the date of entry into force of this Act and have not yet been definitively completed shall be completed in accordance with Act No. 184 / 2006 Coll., as effective by the date of entry into force of this Act.
Amendment of the Act on Acceleration of Transport, Water and Energy Infrastructure Construction
Act No. 416 / 2009 Coll., on speeding up construction of transport, water and energy infrastructure, as amended by Act No. 209 / 2011 Coll., is amended as follows:
1. The following Section 2a is inserted after Section 2:
(1) Where, between the applicant for a territorial decision on the location of the construction of the transport infrastructure and a party to the territorial proceedings which applied in this procedure the requirement to build a related construction or to make a building or terrain adjustment, the location or execution of which exceeds the framework of the solution proposed in the project documentation ("related construction '), an agreement on the financial participation of that participant in the costs of building the related construction shall include at least:
(a) the definition of the related building to be financed by that participant;
(b) the amount of the financial contribution to the cost of building the related building or the method of determining the amount of the financial contribution and its ceiling;
(c) the manner and dates of implementation.
(2) Where an agreement is concluded between the applicant for a territorial decision on the location of the construction of the transport infrastructure and a party to the zoning procedure which has applied the requirement to build the related construction, the latter shall include at least:
(a) the definition of performance in kind;
(b) the manner in which the performance in kind is ensured;
(c) the duration or terms of the provision of the performance in kind.
(3) Where an applicant for a territorial decision on the location of a transport infrastructure construction is requested by the construction office to suspend the territorial management for the purpose of concluding an agreement pursuant to paragraph 1 or 2, the construction office shall suspend the territorial management for the period proposed by the applicant. ';
2. In Article 3, paragraph 5, including footnote 4, is deleted.
Paragraph 6 shall become paragraph 5.
3. In Article 3 (5), the first sentence and the second sentence are deleted.
4. The following Sections 3a to 3c are inserted after Section 3, including footnotes 6 to 9:
The proposal for a contract to acquire the necessary rights to land or construction under the law governing expropriation (6) must also establish the right of the person who transfers the necessary rights to land or construction in the event of the acquisition of the rights to land or buildings necessary for the construction of the transport infrastructure in the event that the purpose of the transfer is not commenced within 5 years of the conclusion of the contract.
(1) The amount of the purchase price in the purchase contract, if the necessary rights are acquired under § 3a, may be negotiated up to a maximum of:
(a) prices established by expert opinion plus 100% in the case of land with the exception of construction land (7);
(b) prices established by expert opinion plus 15% in the case of construction land (7) or construction.
(2) The expert's opinion, which is the basis for proposing the purchase price in the draft purchase contract, sets a price equal to the normal price of the land or construction (8), including all its components and accessories. The valuation shall be carried out in accordance with the valuation regulation effective on the date of dispatch of the draft purchase contract and the price of the land or construction shall be determined in the expert's report according to their actual status and purpose of use on that date; in so doing, they shall not be taken into account in their assessment or impairment as they are intended for the construction of the transport infrastructure.
(3) In the event that the necessary rights to land or construction are acquired by an exchange contract, the limit of the agreed price referred to in paragraphs 1 and 2 shall apply mutatis mutandis. In the event that the necessary rights to land or construction are acquired by a contract setting up, amending or revoking the right corresponding to the burden in kind, the restriction of the agreed price referred to in paragraphs 1 and 2 shall apply mutatis mutandis.
(4) The restrictions referred to in paragraphs 1 to 3 shall apply to the acquisition of the necessary rights pursuant to Article 3a only if their acquirer is the Czech Republic or a legal person established by the State.
If the land or construction required to carry out the construction of the transport infrastructure for expropriation is affected, the time limit within which the expropriator is obliged to initiate the implementation of the expropriation decision shall not exceed 4 years from the legal authority of the decision. This is without prejudice to the possibility of extending this deadline under the Expropriation Act (9).
6) Paragraph 5 (1) and (4) of Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act), as amended by Act No. 405 / 2012 Coll.
7) Articles 9 (1) (a) and 9 (3) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
8) Paragraph 2 (1) of Act No 151 / 1997 Coll.
9) Article 25 (6) of Act No. 184 / 2006 Coll., as amended by Act No. 405 / 2012 Coll. '.
5. In Paragraph 4 (1), "2 'is replaced by" 3'.
Transitional provision
Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 405 / 2012 Coll., amending Act No. 184 / 2006 Coll., on the Withdrawal or Restriction of Property Rights to Land or Construction (Expropriation Act), Act No. 357 / 1992 Coll., on Inheritable Tax, Donation Tax and Real Estate Transfer Tax, as amended, and Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water and Energy Infrastructure, as amended, Act No. 209 / 2011 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2012 |
|---|---|
| Effective from | 01.02.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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