Government Decree No. 47 / 1955 Coll.
Regulation on measures in the field of technical land modification
Valid
Effective from 26.09.1955
47.
Government Regulation
of 10 August 1955
on measures in the field of technical land adjustment.
The Government of the Czechoslovak Republic orders pursuant to § 15 paragraph 1 of Act No. 12 / 1955 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1955:
Basic provisions.
The concept and purpose of the economic and technical adjustment of land.
(1) Economic and technical adjustment of land under this Regulation (hereinafter referred to as "land-use arrangements") means the consolidation of discontinuous and scattered agricultural parcels and the continuous implementation of tertiary, water-based and other measures to improve soil fertility and management.
(2) The purpose of land-based adjustment is primarily to create conditions for the establishment of socialist large-scale production and the associated widest use of agricultural labour mechanisms as a means of developing agricultural production and thereby increasing the standard of living of the working people.
Municipality where land treatment can be carried out.
Land treatment can be carried out in the territorial district of the municipalities
(a) on a proposal from a single agricultural cooperative or other agricultural establishment of the socialist sector; or
(b) where special reasons of general interest so require.
Land adjustments carried out on a proposal from the Socialist sector agricultural plant.
The motion procedure.
The proposal to make land modifications shall be made via the local national committee to the Regional National Committee's Agricultural Department. The proposal shall be decided by the Council of the District National Committee, acting on a proposal from the Agricultural Department of the Council of the District National Committee, after finding out the local circumstances in the municipality in which the land arrangements are to be made, in particular after determining whether economic and political assumptions are met and whether better organisation of work is required; when deciding on the proposal, it is based on the outcome of negotiations with peasants and their belief that the implementation of land-based adjustments will bring them better management. The Agricultural Department of the Council of the District National Committee may request an opinion from the State Institute for the Design of Agricultural Construction of the Agroprojekt (hereinafter referred to as the Agroprojekt) on the technical possibilities, effectiveness and feasibility of land modifications.
The conclusion of a contract for the development of a land modification project.
If land modifications have been authorised, the Agricultural Department of the Council of the District National Committee shall conclude a contract with Agroproject to prepare the project.
Preparatory procedure.
(1) Prior to the work on the development of the land modification project, the Agroproject shall carry out a preparatory procedure, which shall include a survey of the territorial district of the municipality, a survey of the land holding by farm plant and other land holders and an overview of the land of the members of the single agricultural cooperative.
(2) When developing the land modification project, the Agroproject shall proceed in conjunction with the local land modification commission ("the Commission ').
Establishment and tasks of the local land modification commission.
(1) The Commission shall be set up by the Board of the local national committee when it has been decided on a proposal for the implementation of the land-based arrangements (Section 3). The Commission shall have a local national committee, a single agricultural cooperative, another farm plant of the socialist sector based in the municipality and individually managed small and medium-sized peasants holding agricultural parcels in the municipality; for the number of more than one hundred agricultural plants of individual small and medium-sized farmers, these farmers have two representatives on the Commission.
(2) The tasks of the Commission are in particular:
(a) assist in the preparation of the land modification project, examine and comment on the project proposal;
(b) to ensure that land-use adjustment is carried out in order to achieve the most efficient holding arrangement in terms of agricultural production;
(c) to propose and discuss the establishment of joint facilities, the allocation and placement of replacement parcels and plot parcels.
Cross-country property.
Following the prior agreement of the authority closest together to the competent management bodies of the local national committees in the municipality of land modification and in the municipalities of neighbouring countries, land adjustments may be incorporated in order to create a comprehensive economic district of the municipality and land on the territory of neighbouring municipalities (cross-border land) which belong to an agricultural establishment located in the municipality of land modification or to another owner (holder) of land, provided that they are strictly necessary to make the adjustments.
Exclusion of land from land treatment.
Land treatment shall exclude land reserved for State defence, waterways, roads, tracks, cemeteries, forests and continuous areas of land, determined according to the plan for afforestation, built-up areas and adjacent gardens, building land and land requiring other special considerations (e.g. natural protected areas).
Replacement use of land allocated.
(1) Owners who have lost use of their land by making land-use adjustments shall be allocated free of charge to the use of the land-use substitute (s).
(2) The replacement use entitles the alternate user to use the land to the same extent that it would belong to the owner of the replacement land and is permanently linked to the ownership of the land for which the land was allocated for the replacement use. The replacement user therefore has the right to the property's yield, can change its nature and carry out construction on it; it cannot, however, weigh or dispose of the land.
(3) The right of replacement use of the land shall pass to the new owner when the transfer or transfer of ownership of the land for which the land has been allocated is made.
Replacement land.
When allocating replacement land, care must be taken to achieve an efficient land arrangement in the interests of small and medium-sized farmers, while maintaining the principle of oppression of capitalist elements. These farmers must therefore be allocated, in principle, replacement land which:
(a) they have the same size and are of the same kind, in particular the feed base must be maintained;
(b) have the same level of creditworthiness, economic status (i.e. exodus and preculture) and distance; the advantage obtained by the land treatment shall be taken into account.
The right of consumption, use and lease to the land for which the replacement parcel has been allocated.
The rights of use and the rights of use for the land for which the land has been allocated for replacement use shall be transferred to the land in replacement use. This also applies to rental law, unless otherwise specified in the lease agreement; However, the lessee is entitled to withdraw from the lease contract in such a case.
Project approval.
(1) The agroproject will submit a land modification project drawn up in cooperation with the Commission and discussed with the Agricultural Department of the Council of the District National Committee. The Agricultural Department of the Council of the District National Committee, after reviewing the project, shall require the management authority of the local national committee of the municipality of land modification to interpret it for a period of 8 days for public consultation and to declare it in the municipality in a manner that is customary.
(2) Against the proposed land modifications in the project, owners and users of land included in the land modification are entitled to submit comments to the management authority of the local national committee within 15 days of the last day of the deadline set for landing the project.
(3) The management authority of the local national committee shall endeavour to settle the observations submitted by agreement and submit the comments to the Regional National Committee's Agriculture Department. At the same time as the comments, it will also submit a land modification project for approval.
(4) The project shall be approved by the Agriculture Department of the Council of the District National Committee with the participation of a representative of the Local National Committee; In so doing, it shall also decide on the comments submitted. If it complies with the comments or if it considers that the project needs to be changed, it shall impose on Agroproject the rework of the land modification project. Otherwise, the project will be approved. The decision of the Agricultural Department of the Council of the District National Committee shall be published in the municipality of land modification in the usual manner and the proposed project shall also be landed for 15 days for public consultation. Persons whose comments have not been complied with may appeal to the agricultural management of the Regional National Committee's Board within the same time limit.
Cost of land modification.
The costs associated with the implementation of the land-use adjustment shall be borne by the State, with the exception of expenditure on ancillary work (in particular the aid figures for the work related to the development of the project) carried out at the site of the land-use adjustment paid by the land-use applicant.
Implementation of land-based changes in land use changes.
According to the provisions of this Part, changes in land use are also to be made where land use changes are required. Where land-use adjustment is made as a result of the removal or exclusion of a member of a single agricultural cooperative, the costs of such land-use adjustment shall be borne by the member who has issued or excluded them.
The land-use arrangements made ex officio.
Jurisdiction
The official agricultural administration of the Regional National Committee, after a statement by the Executive Authority of the Local National Committee and the Agricultural Department of the Regional National Committee, shall decide on the implementation of land modifications for reasons of particular general interest (e.g. to avoid fragmentation of land holdings due to extensive communication structures). The provisions of Parts One and Two shall apply mutatis mutandis to the implementation of these land-use arrangements.
Rounding land.
Proposals for the rounding of land.
In places where the conditions for land adjustment are not met, rounding of land (aronation) may be carried out to improve the economy.
Land rounding methods.
(1) The rounding of land shall be carried out by exchange of land under the agreement of their owners.
(2) If no agreement is reached, the land exchange shall be carried out on a proposal from one of the owners concerned by a decision of the Council of the District National Committee, which shall allocate the land to the replacement use. Before the decision on the exchange of land, the Regional National Committee's Agriculture Department shall hear the participants in the exchange of land and shall make an exchange of entries indicating the owners of the land, the parcels that are being exchanged and their creditworthiness and area. The participants may appeal to the agricultural management of the Regional National Committee against decisions of the Regional Council. The exchanged land must have approximately the same size, creditworthiness, economic status and type of culture.
(3) The owner referred to in paragraph 1 shall also mean the authority or organisation having the land exchanged in its management.
Final provisions.
Exemption from benefits and charges.
Official acts carried out in connection with the implementation of land-use adjustments or with the rounding of land shall be exempt from charges.
Power.
The Ministry of Agriculture shall, in agreement with the central authorities involved, issue provisions for the implementation of this Regulation.
The validity of the existing measures.
Land adjustments made in accordance with the purpose pursued by this Regulation shall be deemed to have been made under this Regulation.
Repeal clause.
Provisions contrary to this Regulation shall be repealed. In particular, the following shall be deleted:
Act No. 47 / 1948 Coll., on certain technical economic adjustments to land (the coupage law), and
Government Decree No. 211 / 1949 Coll., on the abolition of the assembly offices and bodies and on the transition of their responsibilities to the authorities of the People's Administration.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for Agriculture in agreement with the participating members of the Government.
Broad v. r.
also on the place of the President of the Republic pursuant to § 72 (2) of the Constitution.
Smida v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 47 / 1955 Coll., on Measures in the Field of Economic Technical Adjustment of Land |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.09.1955 |
|---|---|
| Effective from | 26.09.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0