Act No. 45 / 1948 Coll.
Act amending and supplementing the Act of 3 July 1947, No. 139 Coll., on the distribution of the survivors with agricultural holdings and on the prevention of crumbling of agricultural land
Valid
Effective from 14.04.1948
45.
Law
of 21 March 1948
amending and supplementing the Act of 3 July 1947, No 139 Coll., on the distribution of survivors with farms and on the prevention of small-scale agricultural land.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Paragraph 18 (1) to (3) of the Act of 3 July 1947, No 139 Coll., on the distribution of the estate with agricultural holdings and on the avoidance of the crumbling of agricultural land, are amended and supplemented by the following:
"(1) The owner may, if the total area of his land does not exceed 50 ha, freely alienate his children, parents, spouse or siblings, or persons with him, at the same stage, to their sister-in-law. The owner under this paragraph shall be the owner of a set of real estate which has been concentrated in the ownership of a single person or co-owners, divorced spouses or parents and children of the first degree.
(2) Otherwise, agricultural land may only be sold
(a) farmers to supplement their agricultural, self-sufficient farmhouse;
(b) agricultural workers, small farmers and peasant sons and daughters, in particular if they are countrymen returning to their homeland (Constitutional Law of 12 April 1946, No 74 Coll., on the granting of citizenship to countrymen returning to their homeland), to create agricultural settlements, provided that the set of properties (paragraph 1) of the buyer referred to under (a) and (b) does not exceed, even after the acquisition of the land forming the object of the purchase, by more than 0,50 ha (§ 1, paragraph 1), the preferred right to purchase the plot of the land between those tenderers, where the plot is forfeited, shall not exceed by more than 0,50 ha; However, if the smuggler's smuggling ratio has been terminated or cancelled after 3 July 1947, the preferential purchase right shall be maintained for a period of three years from the expulsion (cancellation) of the smuggler's smuggling ratio to the former smuggler, who was a smuggler on 3 July 1947. In the absence of such an entitlement, the owner of the adjacent plot shall acquire the right to purchase, if he is an eligible tenderer, the right to purchase,
(c) workers, public and private workers and retailers up to an area of not more than 0,50 ha for the construction of their own house or for the establishment of a garden or for the extension of operational facilities.
(3) In order to dispose of the agricultural parcel, the consent of the relevant district national committee, except in the cases referred to in paragraph 1, should be required. The consent may not be refused if the sale complies with the provisions of paragraph 2, if it is not of public interest, and if the purchaser proves,
(a) that he is a Czechoslovak State citizen, or that he is regarded as such pursuant to § 1 or § 2 of Constitutional Law No. 74 / 1946 Coll. and
(b) that it is a Czech, Slovak or other Slavic nationality, that it has not lost the final judgment of the Criminal Court on the crime of electoral law, that it is national and statewide reliable and that its family members living with it in the common household are statewide reliable, that the nationalities are not German or Hungarian and that they have not lost the final judgment of the Criminal Court on the crime of electoral law. The nationality provisions do not apply to persons appointed in Sections 1 and 6 of the Act of 19 December 1946, No. 255 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation. As regards the persons referred to in § 84 (1) of the Act of 18 July 1946, No 164 Coll., on the care of military and war victims and victims of war and fascist persecution, the provisions on nationality do not apply if they are not nationals of German or Hungarian nationality. '
This Act shall take effect on the day of its publication; It shall be implemented by the Ministers of Justice and Agriculture in agreement with the Ministers involved.
Dr Beneš v. r.
Zaporocký v. r.
Dr Cap v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 45 / 1948 Coll., amending and supplementing the Act of 3 July 1947, No. 139 Coll., on the distribution of survivors with agricultural holdings and on the avoidance of minor agricultural land |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.1948 |
|---|---|
| Effective from | 14.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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