Government Decree No. 42 / 1961 Coll.
Government Decree on Expropriation for Defence
Valid
Effective from 02.05.1961
42
GOVERNMENT REGULATION
of 22 April 1961
on expropriation for defence purposes
The Government of the Czechoslovak Socialist Republic orders pursuant to § 25 and § 27 (4) of Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic:
Subject matter and scope of expropriation
Real estate and their rights may be expropriated for defence purposes, in particular for the establishment of defence facilities, training bases and other military structures for defence of the Republic and for the accommodation of armed forces.
Expropriation procedure
(1) The application for expropriation is submitted by the military administration or authorities of the Ministry of the Interior (hereinafter referred to as the "applicant") to the District National Committee or the Local National Committee, if it is the construction office in whose district the property is expropriated (hereinafter referred to as the "competent National Committee").
(2) The application for expropriation contains:
(a) an inventory of the expropriated properties or parts thereof with an indication of a closer indication;
(b) the names and addresses of the persons against whom the application for expropriation is directed; if the applicant fails to identify their names and addresses, he shall attach a written declaration thereof,
(c) if the parcels are divided, a geometric (semi-rapid) plan expressing the exact extent of the proposed expropriation; If it is not possible to determine the exact extent of the expropriation at the time of the submission of the proposal, the geometrical plan shall replace the professionally constructed drawing,
(d) confirmation by the Ministry of National Defence (Ministry of Interior) that the proposed properties (rights) are needed for the purposes of the defence of the Republic;
(e) extracts from the plot of land book and from the register of users according to the single land register.
(3) The application for expropriation shall be initiated by the national committee responsible. The opening of the expropriation procedure shall be noted at the request of the applicant in the land register.
(4) The competent national committee shall immediately inform of the proposal for expropriation.
(a) the owner of the property, if it is to expropriate or restrict the property;
(b) in other cases, those whose right in kind is to be transferred, restricted or revoked;
and invite him to comment within 8 days if he is willing to transfer the property, the right in rem or the exercise of the right to transfer the agreement and under what conditions. If the person invited shows willingness to conclude the agreement within that time limit, the relevant national committee shall set a reasonable time limit for its negotiation.
(5) Where, within an eight-day period, the person invited does not express or declare that he is not willing to conclude an agreement, or if he refuses any action, or if he does not, within the time limit laid down by the competent national committee, agree to negotiate an agreement between the applicant and the invited person, or if he is unable to identify the beneficial owner or the person referred to in paragraph 4 (b), or their address, he shall notify the competent national committee in the municipality that any objections and communications against the expropriation proceedings shall be notified to the relevant national committee within the prescribed time limit or, at the latest in the local investigation, if such local inquiries are ordered. Opposition which has not been notified within the time limit set by the competent national committee or which has not been applied in the local investigation, if ordered, cannot be taken into account.
(6) Once the objections have been discussed or the local inquiry has been carried out without agreement, the competent national committee shall issue an expropriation notice and determine the compensation for the expropriation on the date of the transfer of the property under the applicable rules. *)
(7) The expropriation notice contains in particular:
(a) the object and extent of the expropriation;
(b) the appellant's designation,
(c) the name of the person against whom the expropriation is directed (if found);
(d) grounds for expropriation;
(e) the period by which the applicant is obliged to start using the immovable property or the right he has acquired,
(f) when establishing the right of construction or other rights in rem for the period for which the right is established,
(g) fixing the refund for expropriation.
(9) The appeal against the expropriation notice shall not have suspensory effect.
Use of real estate before the start of the expropriation procedure
(1) All properties that can be expropriated according to the Czechoslovak Socialist Defence Act can be entered or otherwise used (especially for the implementation of probing works, construction site preparation, material binding and actual construction start, etc.) before the start of expropriation proceedings. At the request of the applicant in writing, the competent national committee shall issue a permit to enter or use such properties no later than three days after the request has been made. The application must be accompanied by a certificate from the Ministry of National Defence (Ministry of Interior) that it is for the use of real estate for expropriation purposes under the Act on the Defence of the Czechoslovak Socialist Republic.
(3) The authorisation for use shall cease if the application for expropriation has not been submitted within six months of the authorisation referred to in paragraph 1.
Specific provisions
(1) In the case of expropriation proceedings for defence purposes, the competent national committee shall take all measures necessary to ensure that the expropriation takes effect.
(2) The designation of expropriated properties used to defend large scale maps is carried out in agreement with the military administration (Ministry of the Interior).
(3) The Court of First Instance shall, at the request of the appellant, make a library order on presentation of a legal expropriation notice even if the appellant fails to demonstrate the legal sequence of ownership of the expropriated property with the last library registration.
This Regulation shall enter into force on the day of its publication. They shall be carried out by the Minister of National Defence, the Minister of Interior and the National Committees.
v. Dolansky v. r.
*) Decree No. 18 / 1963 Coll., providing compensation for the expropriation of real estate to citizens and private legal persons.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 42 / 1961 Coll., on Expropriation for Defence |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.05.1961 |
|---|---|
| Effective from | 02.05.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0