Act No. 42 / 1947 Coll.
Law on certain measures in construction linked to a two-year economic plan
Valid
Effective from 03.04.1947
42.
Law
of 7 March 1947
on certain construction measures linked to the two-year economic plan.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
A certainty.
(2) The securities are to be used to cover the refund. However, the court may, at its request, release a security up to half of the amount of the security provided for in Article 11 (5), if it proves that the persons to whom the rights of the library registration are due are in agreement.
Replacement.
(1) The appropriate compensation provided for in Articles 7 (1) and 9 (7) shall mean the general value under the applicable price regulations, taking into account the damage suffered by users, beneficiaries, tenants and smugglers, unless the compensation for the object of the expropriation is also intended to satisfy their claims itself. No account shall be taken of the particular popularity or value that may be acquired by the property after the construction or implementation of the adjustment plan (sketch), or of the ratios which were intended to be used to increase the compensation.
(2) If the expropriation office has decided that the refund will be given on the land of the applicant for expropriation, the court shall determine the amount by which the difference between the general price of the expropriated land and the replacement land will be offset, if not the same for both. The general price of the replacement parcel shall be determined in accordance with paragraph 1.
(3) If the expropriation is calculated only in the context of the restriction of property rights, a refund shall be fixed, as a general rule, of recurrent salaries.
(4) Reimbursement should be granted within one month of its final determination, on the basis of recurrent salaries within the time limits laid down.
(5) If the owner of the land does not demonstrate that the persons to whom the rights of the library records belong agree that the refund should be paid directly to him, it shall be lodged by the expropriator at the library court, which shall set it out in an undisputed procedure in accordance with the principles of the Rules of Enforcement (Law). The document referred to in the previous sentence shall be submitted by the owner by the document on which the signature of the creditor is authenticated by the court or public notary or by a public deed.
Cancellation of the expropriation notice.
(1) If the expropriator or his successor in title has not started construction for which expropriation has been authorised or has not used land in other cases for the purpose for which expropriation has been granted before 31 December 1948, the district national committee shall abolish the exexpropriation notice in whole or in part at the request of the person against whom the exposition was directed or its successor in title. The request shall be made within three months of the expiry of that period.
(2) If the expropriation notice has been cancelled, the person against whom the notice was directed (its successor in law) shall be entitled to compensation for the damage caused to him by the expropriation procedure (costs and own damage caused by the expropriation) and the expropriator shall be entitled to reimbursement of the compensation granted and its benefits. If there is no agreement on these claims, they may be applied by order of law.
(3) The start of the construction is the complete digging of the foundations in the whole floor plan and the start with their wall or, if it is not necessary to dig the foundations, the start with its own construction work (e.g. with a wall) throughout the ground plan.
Preliminary real estate use.
(3) If no compensation agreement is reached, the District National Committee shall decide by an appropriate means; If a party is not satisfied with that statement, the court in whose jurisdiction the property is situated shall decide, at its request, within 30 days of the date of service of that notice.
Criminal provisions.
The acts or omissions which are contrary to the provisions of § § § 1, 2 and 3 of this Act, or to the provisions laid down by it, are punishable - unless it is a criminal offence - by the county national committees by a fine of up to 100.000 CZK or by a prison (lock-up) within 6 months or both. At the same time as the fine, in the event of imperfections, a replacement prison sentence (lockdown) shall be imposed in accordance with the rate of guilt within 6 months.
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Regulation Information
| Citation | Act No. 42 / 1947 Coll., on certain measures in construction related to the two-year economic plan |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.1947 |
|---|---|
| Effective from | 03.04.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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