Act No. 49 / 2016 Coll.
Act amending Act No. 416 / 2009 Coll., on the Acceleration of Construction of Transport, Water and Energy Infrastructure, as amended, and Act No. 184 / 2006 Coll., on the Withdrawal or Restriction of Property Rights to Land or Construction (Expropriation Act), as amended
Valid
Effective from 01.05.2016
49
THE LAW
of 13 January 2016
amending Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure, as amended, and Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Acceleration of Transport, Water and Energy Infrastructure Construction
Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure, as amended by Act No. 209 / 2011 Coll., Act No. 405 / 2012 Coll. and Act No. 178 / 2014 Coll., is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) Transport infrastructure for the purposes of this Act means:
(a) the construction of, or related to, first-class motorways or roads;
(b) construction of transport infrastructure (1) or related structures located in areas or corridors defined in the applicable territorial development policy; or
(c) in the territorial planning documentation defined by, or related to, public transport infrastructure structures (1). ';
2. Paragraph 3b (1) reads as follows:
"(1) If the necessary rights are acquired under § 3a purchase, the purchase price is agreed in the purchase contract
(a) the prices established by the expert opinion multiplied by coefficient 8 in the case of land with the exception of construction land (7); or
(b) the prices established by the expert opinion multiplied by 1,15 in the case of construction land (7) or construction. ';
3. In the second sentence of Paragraph 3b (2), the word "Regulation 'is replaced by" Regulation (10)'.
Footnote 10:
"10) Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets)."
4. In Paragraph 3b, at the end of paragraph 2, the sentence "The valuation shall also not take into account the increase in the normal price of another plot or construction of the coefficient referred to in paragraph 1. '
5. Paragraph 3b (3) and (4) read:
"(3) Where the necessary rights are acquired under Article 3a by a contract setting up, amending or repealing a right corresponding to a burden in kind or a right of construction, paragraphs 1 and 2 shall apply mutatis mutandis. If the price determined in accordance with paragraph 1 or 2 is less than CZK 1 000, a payment of CZK 1 000 is agreed.
(4) Where the necessary rights under Paragraph 3a are acquired in return for payment from a legal person established by law or established or established by a State against which the State is the controlling party, paragraph 2 shall apply mutatis mutandis for the valuation and paragraph 1 shall not apply. ';
6. In Article 3b, the following paragraph 5 is added:
"(5) Paragraphs 1 to 4 shall apply to the acquisition of the necessary rights under Paragraph 3a,
(a) where their acquirer is the Czech Republic or a legal person established by law or established or constituted by a State in respect of which the State is a controlling person; or
(b) where the establishment, modification or cancellation of a right corresponding to a material burden or the right of construction is intended to carry out a transversal of an engineering network in connection with the construction of a motorway or a first-class road. ';
7. The following Section 3d is inserted after § 3c:
If the rights to land required for the construction of transport infrastructure are acquired by an exchange agreement and if, by agreement of the Parties, another land for which the land required for the construction of transport infrastructure is to be exchanged is designated, the other land may be purchased for the purpose of carrying out the shift by the Czech Republic or a legal person established by law or established by a State to which the State is the controlling person. Paragraph 3b shall not apply to the negotiation of the purchase price, with the exception of Article 3b (2). '
Amendment to the Expropriation Act
In Article 5 (6) 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., the words "only if the purpose of expropriation cannot be achieved by the abolition of such ownership 'are replaced by the words" only to the extent of the coownership of the expropriated share'.
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 49 / 2016 Coll., amending Act No. 416 / 2009 Coll., on the Acceleration of Construction of Transport, Water and Energy Infrastructure, as amended, and Act No. 184 / 2006 Coll., on the Withdrawal or Restriction of Property Rights to Land or Construction (Expropriation Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.02.2016 |
|---|---|
| Effective from | 01.05.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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