What is Act No. 503 / 2012 Coll.?

Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws — Law on the State Land Office and on the amendment of certain related laws.

When it became Act No. 503 / 2012 Coll. effectiveness?

Act No. 503 / 2012 Coll. became effective 01.01.2013.

Is Act No. 503 / 2012 Coll. still valid?

Yes, Act No. 503 / 2012 Coll. is still valid and effective.

How many times was it Act No. 503 / 2012 Coll. amended?

Act No. 503 / 2012 Coll. has 19 time versions of the text.

Act No. 503 / 2012 Coll. - Law on the State Land Office and on the...

503

THE LAW

of 19 December 2012

on the State Land Office and on the amendment of certain related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

STATE INTEREST AUTHORITY

Preliminary provisions

§ 1

(1) A State Property Office is hereby established as a National Administrative Office.

(2) The State Property Office is an organisational part of the State and an entity.

(3) The seat of the State Land Office is Prague.

(4) The State Property Office is subordinate to the Ministry of Agriculture ("the Ministry ').

(5) The State Property Office shall exercise its competence under:

(a) this law;

(b) the law on property settlement with churches and religious societies;

(c) Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended,

(d) Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, as amended; and

(e) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.

(6) The State Property Office shall provide activities related to the updating and management of the national database of soil-protected organic units; the management of this database is provided by the Ministry.

(7) The State Property Office shall be the editor of data on soil and environmental units in the basic register of territorial identification, addresses and real estate. The protected soil ecological units are listed in the basic register of territorial identification, addresses and real estate as special purpose territorial elements. The basic register of territorial identification, addresses and real estate shall be maintained on soil and environmental units

(a) identification data which are code of the territorial element and code of the soil-protected organic unit;

(b) localisation data; and

(c) details of links to other territorial elements.

(8) The State Property Office monitors the erosion of agricultural land. The Ministry sets out by decree a binding procedure for monitoring the erosion of agricultural land, defining responsibility for reporting and recording the occurrence of an event.

(9) The State Land Authority shall, through monitoring the erosion of agricultural land, assess compliance with the conditions of the soil management standard in a way that reduces the risk of soil degradation and erosion, including taking account of slope slope, pursuant to Government Regulation No 73 / 2023 Coll., laying down rules on cross-compliance of payments to farmers, and the directly applicable European Union41). It shall cooperate with the State Agricultural Intervention Fund42.

(10) The State Land Authority assesses, in the case of an applicant for direct payments under the directly applicable European Union41) the crop belt rotation project for the erosion-vulnerable part of the soil block registered in the land use register according to userrelations (42) and gives confirmation of this project to this applicant. It shall cooperate with the State Agricultural Intervention Fund42.

§ 2

(1) The State Land Office is composed of the headquarters of the State Land Office (hereinafter referred to as the "Headquarters") and the Regional Land Offices which operate within the higher territorial authorities (1) (hereinafter referred to as the "Regional Land Office").

(2) The head of the State Land Office is the Central Director of the State Land Office (hereinafter the "Central Director"); its selection, appointment and appeal are governed by the Civil Service Act. The Central Director shall be the Director of the Headquarters at the same time.

(3) The Regional Land Office is managed by its Director; its selection, appointment and appeal are governed by the Civil Service Act.

(4) In administrative proceedings, the Regional Land Authority shall act as the internal organisational unit of the State Land Office in accordance with its territorial competence. the appeal against its decision shall be decided by the head office, unless otherwise provided by other legislation2).

(5) The head office shall act as the body of the first instance in the administrative procedure under Article 3 (3) and (5). The Ministry shall decide on the appeal against his decision.

(6) The State Property Office establishes a branch of regional land offices whose territorial competence corresponds to the territory of one or more countries1). These branches decide in the land modification proceedings pursuant to Act No. 139 / 2002 Coll., as amended, as first-degree authorities. If a branch for the territory is not established, the Regional Land Authority shall decide. The head office shall decide on the appeal against the decision of the branch.

§ 3

(1) The State Property Office establishes and manages a reserve of state land (hereinafter referred to as the "reserve") which includes the land with which the State Property Office is competent to manage and which serves as an asset for:

(a) the exercise of the jurisdiction of the State Land Authority; and

(b) implementation of state-approved development programmes.

(2) The creation and maintenance of the necessary scope and composition of the reserve referred to in paragraph 1 are ensured by the State Property Office in particular by exchange and purchase. The total size of the part of the reserve referred to in paragraph 1 (a) shall not fall below 50 000 ha. The exchange and purchase of land shall take place at the most at the price of the usual 38).

(3) If the land held in the reserve referred to in paragraph 1 (a) is necessary for the implementation of a government approved development programme of the State, the State Land Office shall transfer it by an ex officio decision to the reserve referred to in paragraph 1 (b) and shall, within 15 working days of the legal authority of that decision, submit to the relevant cadastral office a note on the inclusion of the transferred land in the reserve referred to in paragraph 1 (b).

(4) If the land held in the reserve referred to in paragraph 1 (b) is to be used for the implementation of a development programme of a State approved by the Government, the State Land Authority shall, on the basis of a final decision on the location of the building concerned by such land, or on the basis of a territorial consent or public contract, which may replace the decision on the location of the building under the Construction Act, transfer the ownership of that land or its necessary separate parts in the form of a parcel for the benefit of the Central Administrative Office for which the Reserve was established or with its written consent to the State-owned or its subordinate body of the State. The State Property Office shall, within 15 working days of the date of the transfer of jurisdiction under the first sentence of the relevant cadastral office, submit a proposal for the registration of a change in jurisdiction, together with a proposal for the deletion of the note on the inclusion of the land in the reserve referred to in paragraph 1 (b). (b) confirm that the reasons for indicating this note have ceased to exist.

(5) The State Property Office shall transfer the official parcel from the reserve referred to in paragraph 1 (b) to the reserve referred to in paragraph 1 (a) by an ex-officio decision and, within 15 days of the acquisition of the legal power of that decision, shall submit to the relevant cadastral office a proposal to delete the note on the inclusion of the transferred parcel or its separate part in the reserve referred to in paragraph 1 (b) if:

(a) has not been fully or partly used in the implementation of the relevant State-approved development programme;

(b) the purpose of its inclusion in the reserve referred to in paragraph 1 (b) has ceased; or

(c) a final decision on the location of the building has been taken or a territorial agreement has been given or a public contract has been concluded to replace the decision on the location of the building under the building law, which clearly shows that the land from the reserve referred to in paragraph 1 (b) will not be affected by the development programme.

(6) Where an administrative procedure has been initiated by the State Land Office pursuant to paragraph 3 and a person has requested the transfer of the agricultural parcel pursuant to Paragraph 7, 10 or 10a before its closure, the inclusion of the land in the reserve referred to in paragraph 1 (b) shall take precedence over the satisfaction of the applicants even if they have fulfilled the conditions for the transfer.

§ 4

(1) The State Property Office is also responsible for the management of real estate which was under another legislation (4) on the date preceding the date of entry into force of this Act in the management of the Land Fund of the Czech Republic. Furthermore, the State Property Office is competent to manage the property acquired in accordance with Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended. The provisions of Act No. 219 / 2000 Coll., as amended, governing the treatment of State property for the benefit of other persons shall apply to such real estate only if that law or other legislation provides otherwise.

(2) Furthermore, the State Property Office is responsible for the management of the buildings used for the water melodies of land and related water works owned by the State, which was administered by the Land Fund of the Czech Republic on the date before the entry into force of this Act; if the Land Fund of the Czech Republic did not manage the land and related land works owned by the State on the date preceding the date of entry into force of this Act, the State Land Authority shall be responsible for managing these buildings and water parts on the date of entry into force of this Act.

(3) The State Property Office procures, by construction or acquisition into the State, major irrigation installations, main drainage installations and buildings to protect land from erosion of water activity. With the State property referred to in the first sentence, the State Property Office is competent to manage.

(4) The State Property Office may leave immovable property with which it is competent to manage, use or consume to other persons. If there is a real estate case pursuant to Article 1 of Act No. 229 / 1991 Coll., as amended, or land intended for the implementation of joint facilities pursuant to Act No. 139 / 2002 Coll., as amended, § 27 of Act No. 219 / 2000 Coll., as amended, shall not apply. In the case of agricultural land within the jurisdiction of the management of the State Land Office, user relations with such land, in particular rent, shall be based on the terms and conditions and restrictions on their tenants in their consumption resulting in particular from the competence of the State Land Office under this Law. The rules for the calculation of the annual rent for the use of land under the jurisdiction of the State Land Administration, which constitutes or belongs to the Agricultural Land Fund, shall be laid down by decree including the production areas of the Ministry of Agriculture. The annual rent shall be fixed at the percentage of the average price of agricultural land in the cadastral territory established under the Special Regulation (25); The decree sets the percentage rate per production area and the conditions for deviating from the rates thus determined.

§ 4a

(1) The State Land Office shall, as a priority, smuggle the land with which it is responsible, to a farmer who fulfils the conditions for granting additional income support for young farmers under another legislation (43) (hereinafter referred to as the "young farmer").

(2) If a plot of land which is not smuggled or is smuggled for an indefinite period and the period of the plot is at least 10 years, the young farmer, the State Land Office, shall issue an invitation offering the item of land.

(3) The invitation to tender shall specify:

(a) details of the land to be smuggled;

(b) the price of the smelting fee determined on the basis of the Decree pursuant to Article 4 (4);

(c) the time limit for the submission of tenders; and

(d) the address of the land office designated to take over the tender.

(4) A young farmer (hereinafter referred to as "the applicant ') may report to the invitation which:

(a) operate on land in the same or neighbouring cadastral territory;

(b) have access to the land to be smuggled in; and

(c) is not late in carrying out its debt towards a State with which the State with which the State Land Office is responsible is liable.

(5) In the tender for the plot of land, the tenderer shall indicate in addition to the general terms of the application:

(a) data certifying that the tenderer is a young farmer;

(b) identification of the land on which it is entitled to farm;

(c) identification of the land to be smuggled;

(d) a contract to ensure access to the land to be smuggled in or another document certifying that fact; and

(e) information on the integrity referred to in paragraph 4 (c).

(6) If, within the time limit set by the invitation, only one tenderer applies or if only one tenderer meets the conditions laid down, the State Property Office shall conclude a smuggling contract with that tenderer. If, within the time limit set by the invitation, more than one tenderer who fulfils the conditions laid down is applied for, the Land Land Office shall organise a public tender on the basis of which it shall conclude a smuggling contract with the tenderer offering the highest price.

(7) Before concluding a smuggling contract under this provision, the State Property Office shall terminate the existing smuggling agreement in respect of the smuggled land. If the existing smuggler shows an interest in continuing the management of the land which is not affected by the offer of the pacht under this provision, the State Property Office shall adjust the subject matter of the original smuggler contract with the existing smuggler to those parcels.

(8) The procedure laid down in paragraphs 1 to 7 shall not apply to parcels which are smuggled to a young farmer and to parcels for which the end of the patch would constitute a breach of the terms of the grant or of the repayable financial assistance.

§ 5

The property of the State or the participating State, selected for privatisation pursuant to § 5 of Act No. 92 / 1991 Coll., as amended, is only treated in accordance with Act No. 92 / 1991 Coll., as amended.

§ 6

(1) Under this Act or Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, cannot be transferred from State ownership to other persons

(a) agricultural land (6) for which a right has been exercised under another legislation7) and whose issue has not yet been decided;

(b) agricultural parcels or parts thereof identified by, or already built by, a zoning plan or regulatory plan or decision to build a building for public utility construction or construction of a transport infastry8), with the exception of agricultural parcels

1. transferred to municipalities or regions pursuant to § 3 (2), § 7 or § 10 (1) or (2),

2. transferred with the consent of the municipality or region to persons who, according to the approved building documentation, are to undertake construction pursuant to § 17 (3) of Act No. 229 / 1991 Coll., as amended,

3. transferred with the consent of the municipality or county by exchange for other immovable property; or

4. identified land planning documentation in force or already used to establish technical infrastructure (8); In case of doubt, the competent zoning authority shall, at the request of the State Land Authority, issue an opinion,

in case of doubt, the competent municipal authority of the municipality with extended competence as the zoning authority shall issue observations at the request of the State Land Authority;

(c) agricultural parcels intended for the purpose of the solution provided for in Article 2 of Act No. 139 / 2002 Coll., as amended, for which a note on the opening of land modifications is indicated in the property register;

(d) property the transfer of which has been decided under another legislature10);

(e) agricultural parcels at military resorts 11),

(f) agricultural parcels in national natural monuments, national natural reserves and in national parks; Furthermore, agricultural parcels in natural reserves and natural monuments may not be transferred, except for agricultural parcels whose disposal has been approved by the Ministry of the Environment under another legislation (12),

(g) land in respect of which an administrative procedure has been initiated by the State Land Office pursuant to Paragraph 3 (3), pending a final decision;

(h) land forming a reserve of state land pursuant to § 3 (1) (b);

(i) land forming a reserve of state land pursuant to Article 3 (1) (a) acquired by exchange or purchased pursuant to Article 3 (2) for the purpose of land modification; or

(j) agricultural parcels intended for transport, water or energy infrastructure or strategic investment buildings as referred to in Annexes 1 to 3 to Act No. 416 / 2009 Coll., on speeding up construction of strategically important infrastructure, as amended.

(2) At the request of the State Land Authority, the competent administrative authority shall inform in writing within 30 days whether the land to be transferred under this Act, pursuant to Act No. 229 / 1991 Coll., as amended, or Act No. 44 / 1988 Coll., as amended, is not excluded from the transfer under paragraph 1. In the event of a discrepancy between the facts disclosed, the State Land Authority shall verify the transferability of the land by its own activities, provided that the fact can be ascertained from publicly available sources. In the case of a transfer of built-up land, the communication referred to in paragraph 1 (c), (e) and (f) shall not be required.

(3) The agricultural parcels referred to in paragraph 1 may be transferred under this law if the grounds preventing the transfer or if the transferor is not served within the time limit laid down in paragraph 2 by the competent authority, except in the cases referred to in paragraph 1 (a) and (f).

Free transfer of land

§ 7

(1) The State Property Office shall, free of charge, transfer the agricultural parcels with which it is responsible, at the written request of the municipality in whose cadastral territory they are situated, to its property, provided that this does not preclude the rights of third parties, in so far as the land is concerned.

(a) in a built-up area (8), if they are intended for public construction;

(b) in a standstill area (8) if they are intended to be built by public utility construction;

(c) determined by a decision to place the building for construction if it is intended to build a public utility building;

(d) built by buildings or buildings owned by the municipality;

(e) in a built-up area (8) or in a built-up area (8) designated by, or already used for, a territorial plan or regulatory plan to implement public green, to implement public-interest measures or to establish or extend a public burial site.

(2) At the request of the municipality, the State Property Office will transfer the municipality's property free of charge

(a) road land (15) under local roads or land under special-purpose roads with which it is responsible for the management, provided that the municipality owns that communication;

(b) a strip of land adjacent on both sides to the local communications or special purpose communications body referred to in point (a) which serves the purposes of protecting and maintaining the local communications or special purpose communications referred to in point (a) with which it is competent to manage, where the communication is located in the established territory of the municipality;

(c) land constituting a road protection zone (17) related to local communications as referred to in (a) with which it is responsible.

(3) The State Land Office shall, at the written request of the Region, transfer its ownership free of charge, unless such transfer is prohibited by the rights of third parties and unless the municipality has requested the transfer of such land, the agricultural parcels with which it is responsible,

(a) in a built-up area (8), if they are intended for public construction;

(b) in a standstill area (8) if they are intended to be built by public utility construction;

(c) determined by a decision to place the building for construction if it is intended to build a public utility building;

(d) built by buildings or buildings owned by the region;

(e) in a built-up area (8) or in a built-up area (8) designated by, or already used for, a territorial plan or regulatory plan for the implementation of public green or public utility measures.

(4) At the written request of the county, the State Property Office shall transfer to its ownership free of charge:

(a) road lands15) under Class II and Class III roads with which it is competent to manage, provided that this region owns those roads;

(b) road auxiliary land (16) and land constituting a road protection zone (17) related to the road parcels referred to in (a) with which it is responsible.

(5) In the event that only part of the land registered in the land register in the form of plots is built by the infrastructure, this part shall be transferred as determined by a geometrical plan, whereby the costs of drawing up a geometrical plan for the distribution of the land shall be borne by the municipality in the case of paragraph 2 and, in the case of paragraph 4, by the county.

§ 8

(1) In the event of a change in the planning documentation which would not allow the purpose of the transfer of the land pursuant to Paragraph 7 to be fulfilled in the context of the main functional use of the area, or of a change in the decision on the location of the building on the basis of which the property was transferred free of charge to the municipality, on the basis of which the intended construction would not be a public object or a building for housing, the municipality is obliged to transfer the agricultural land back under the same conditions under which it was transferred to the municipality within 90 days of the date of the acquisition of the legal power of the change of the zoning plan or of the regulatory plan or the acquisition of the legal power of the decision on the location of the construction. If it is not possible to transfer the land back because it will be owned by a third party, the municipality is obliged, within the same time limit, to grant financial compensation to the State Land Office equivalent to the price of the land established under the Law on the valuation of the property (18) in force on the date of conclusion of the contract under which the land was transferred to the municipality and the current use of the land. The same applies in cases where the property was transferred free of charge to the municipality in accordance with § 7 (1) (e) and the land was used otherwise than for public green implementation, for the implementation of public aid measures or for the establishment or extension of a public burial site.

(2) In the event of a change in the land planning documentation which would not allow the purpose of the land transfer pursuant to § 7 to be fulfilled in the context of the main functional use of the area, or of a change in the decision on the location of the building on the basis of which the land was transferred free of charge to the county pursuant to § 7 (3) (a), (b) or (c), by which the intended construction would not be public-interest construction, the county shall be obliged to transfer the agricultural land back under the same conditions under which it was transferred to the county within a period of six months from the date of entry into force of the amendment of the zoning plan or the change of the regulatory plan or the date of the legal authority of the location decision. If the land cannot be transferred back because it is owned by a third party, the county is obliged to provide financial compensation to the State Land Office within the same time limit, equal to the price of the land established under the Law on the valuation of the property (18), in force on the date of conclusion of the contract under which the land was transferred by the county and the current use of the land.

(3) The provisions of paragraph 2 shall also apply where the land has been transferred free of charge to the ownership of the region pursuant to Article 7 (3) (e) and the land has been used otherwise than for the implementation of public green or public utility measures.

(4) In the event of the cancellation of a school or school establishment established by the county, the county shall, as a priority, offer to the State Land Office real estate items which have been transferred free of charge to the municipality or region by the Land Fund of the Czech Republic under another legislature36) for the purpose of their need for the activities of the school or educational establishment set up by that county and entered in the register of schools and educational establishments under another legislature37).

(5) The obligations referred to in paragraphs 1 to 3 shall apply for a period of 5 years from the date of the transfer of ownership of the agricultural parcel to the land register for the benefit of the municipality or region.

§ 9

Unless otherwise provided for in this Law, agricultural parcels may be transferred only to:

(a) a natural person who is a citizen

1. Czech Republic 19),

2. another Member State of the European Union20),

3. the State Party to the Agreement on the European Economic Area, or

4. Swiss Confederation21),

(b) a legal person who is an agricultural entrepreneur in the Czech Republic,

(c) a legal person who is an agricultural entrepreneur or has a similar status

1. in another Member State of the European Union20),

2. in a State Party to the Agreement on the European Economic Area, or

3. in the Swiss Confederation (21),

(d) the municipality or region.

§ 10

Transfer of agricultural land at the request of the municipality, county, its authorised user or the owner of the building situated on the site

(1) The State Land Office shall, at the request of the municipality in writing, transfer the agricultural parcel or its separate part of the parcel situated in its cadastral territory,

(a) if it is situated in a built-up area or in a built-in area or corridor, and if it is designated by a final decision on the location of the building to be built for the benefit of the municipality, and the builder is the municipality; or

(b) if they are located in a built-up area or in a built-up area and according to a valid spatial plan in a public area area under the Municipal Act.

(2) The State Land Office shall, at the written request of the Region, transfer the agricultural parcel or its necessary separate part in the form of a parcel in a built-up area or in a built-up area intended for development projects for industrial use approved by the Government, provided that such transfer does not impede the rights of third parties and that the municipality has not requested the transfer of the land.

(3) Upon written request, the State Property Office shall transfer to the owner or, where appropriate, to the co-owner of the real estate construction,

(a) the agricultural parcel on which the building is situated where the owner or, where appropriate, the co-owner of the construction is the beneficiary of the land; or

(b) an agricultural parcel or a separate part thereof, in the form of a parcel adjacent to the land on which it is situated, if the parcel is functionally linked to the construction, and the owner or co-owner of the construction is its authorised user.

(4) The State Land Office may transfer another agricultural parcel or part thereof in the form of a parcel to the owner or, where applicable, to the co-owner of the building which is a real estate, provided that they are functionally linked to the building and that the owner or, where appropriate, the co-owner of the building is a legitimate user of the land.

(5) Upon written request, the State Property Office shall transfer to the owner or, where appropriate, to the co-owner of the land, the construction of which was a separate real estate by 31 December 2013, adjacent to the agricultural parcel which is functionally linked to the construction and the applicant is its authorised user, or a separate part of such land in the form of a parcel. The State Land Office may transfer another agricultural parcel which is functionally linked to the construction and the applicant is a beneficiary of the land or a separate part of that parcel in the form of a parcel to that owner or co-owner.

§ 10a

Transfer of agricultural land at the request of the permanent farmer

(1) A person who, with the prior agreement of the Land Fund of the Czech Republic or the State Land Office, has established a state-owned agricultural parcel under the jurisdiction of the State Land Office, permanent crops or for the establishment of the Land Fund, has been authorised before the date of entry into force of this Act and uses the land with permanent crops on the basis of a lease agreement concluded with the Land Fund of the Czech Republic or with the State Land Office for a fixed period of not less than 5 years, has the right to pre-purchase for that agricultural parcel for the duration of the lease. The right to pre-purchase shall also be established by the lessee, who shall prove that he is the legal successor of the permanent farmer.

(2) When the land is transferred pursuant to paragraph 1, the purchase price of the land shall be the price established under the Land Fund Act (18) without the valuation of the parts and accessories of the land set up by the lessee or his legal predecessor at his expense, with the agreement of the State Land Office or the Land Fund of the Czech Republic, or by a final decision. At the end of the lease, that person may not claim compensation for the parts and accessories of the transferred land.

§ 10c

Transfer of agricultural parcels in parallel

Where the persons referred to in paragraphs 1 and 3, paragraphs 1 to 5 or 10a apply for the transfer of the agricultural parcel at the same time, the applicant referred to in paragraphs 10 (3) and (4) and the applicant referred to in paragraph 10 (5) shall be satisfied first, and thereafter, the applicant referred to in paragraph 10a and finally the person referred to in paragraph 7.

§ 10d

Transfer of construction and related property at the request of the owner of the land

Upon written request, the State Property Office shall transfer to the owner of the land or, where applicable, to its co-owner, the construction and associated assets located on the land.

§ 12

Transfer of agricultural land by public tender

(1) The State Property Office may transfer the agricultural land with which it is responsible on the basis of a public offer, provided that it has been offered in vain three times in a public tender pursuant to Article 11a of Act No. 229 / 1991 Coll., as amended.

(2) The State Property Office shall publish on its official record a notice of the opening of a public tender, indicating the land under the real estate register (23), their price determined in accordance with paragraph 3, together with an invitation to the persons referred to in paragraph 4 to submit a written request for the agricultural parcels offered within 1 month of publication. At the same time, it shall publish on its website the text of the contract of sale, the content of which is binding on the transfer according to the public tender and cannot be altered during the public tender. The State Property Office may, pending the conclusion of the purchase contract, abolish or amend the tender in its entirety. The notice shall also be published on its official record.

(3) In the notice of the opening of the public tender, the State Land Authority sets the price of agricultural parcels according to the granulated soil and environmental unit (24), or, if agricultural parcels are not bonized, the average price for each cadastral territory under another legislation (25). In addition to the price thus determined, add the price of the land components and accessories established under the Property Valuation Act (18). In both cases, the price regulation in force on the last day of the calendar year preceding the publication of a public tender shall apply when the price is fixed. This is not the case where agricultural parcels are situated in a stalled or built-up area of the municipality. In that case, agricultural parcels shall be transferred at a normal price.

(4) During the period for lodging applications referred to in paragraph 2, the agricultural parcels offered may be requested in writing

(a) natural or legal persons who are agricultural entrepreneurs and who have been demonstrably engaged in agricultural production for at least 36 months on agricultural parcels of at least 10 hectares in the cadastral territories of the municipality or in the cadastral territory adjacent to the cadastral territory to which the agricultural parcels to be transferred belong; or

(b) natural or legal persons who are agricultural entrepreneurs and who own at least 10 ha of agricultural land in the cadastral territories of the municipality or in the cadastral territory adjacent to the cadastral territory to which agricultural land to be transferred belongs and which have been demonstrably operating agricultural production in the territory of the Czech Republic for at least 36 months on land of at least 10 ha.

(5) Where, within the time limit for the submission of applications, one of the persons referred to in Section 10 requests the transfer of an agricultural parcel placed on the public tender, the public tender shall be cancelled in the relevant part and the State Land Office shall proceed in accordance with Section 10; if they do not request the transfer of an agricultural parcel within the time limit for the submission of applications, their right to transfer of the agricultural parcel under Section 10 shall cease.

(6) Where, within the time limit for the submission of applications, the person referred to in paragraph 4 who has leased the land from the State Land Office on the date of the publication of the public tender has requested the transfer of the agricultural parcel in a public tender for a continuous period of 36 months, the State Property Office shall confirm in writing to that person, without undue delay, that the land will be transferred to him for the declared purchase price on the basis of a purchase contract, the text of which was published in accordance with paragraph 2 and which the lessee must close within the period, form and manner referred to in Article 16 (3). In the event that the lessee fails to conclude the purchase contract within the prescribed period, the State Property Office shall proceed further in accordance with paragraph 7.

(7) In other cases where at least two persons have submitted an application, the State Land Office shall invite those persons to submit a request within a reasonable period to be determined by them,

(a) offer a purchase price which may not be lower than the price referred to in paragraph 3; and

b) have paid a deposit of 5% of the price of the land which was announced at the time of the announcement of the public offer, but at least CZK 5,000.

(8) Where only one person has requested the transfer, the State Property Office shall confirm in writing to that person without undue delay that the land will be transferred to it at the declared purchase price on the basis of a purchase contract, the text of which has been published in accordance with paragraph 2 and which the applicant is obliged to close within the time limit, form and manner referred to in Article 16 (3).

(9) The person who offered the highest purchase price and paid the bail referred to in paragraph 7 (b) shall, without undue delay, confirm in writing that his tender has been selected, the legal conditions have been fulfilled and that the land will be transferred to him at the price offered on the basis of a purchase contract the text of which has been published in accordance with paragraph 2 and which the person is required to close within the period, form and manner referred to in Article 16 (3). Where, pursuant to paragraph 2, certain persons have offered the highest purchase price of the same amount, the State Property Office shall invite those persons to submit new offers, stating that the newly offered purchase price may not be lower than the one offered by them in the previous case.

(10) A person who exercises the right to transfer an agricultural parcel referred to in paragraph 6 may in this way acquire an agricultural parcel or land up to a maximum of 70% of the area of agricultural parcels offered for transfer for which, on the date of the publication of a public tender, he fulfils the conditions laid down in paragraph 6. Where that person fulfils the conditions laid down in paragraph 6 for only one agricultural parcel, that restriction shall not apply.

(11) Within the required period of 36 months for the duration of the lease referred to in paragraph 6, the period for which the tenant of the agricultural parcel was the legal predecessor of the current tenant or the period for which the lessee or the lessee of the land was a natural person registered in the register of an agricultural entrepreneur who transferred his holding to relatives in a series of direct, siblings or husbands shall be taken into account. The condition laid down in paragraph 6 shall be deemed to be fulfilled even if the lessee has, for a specified period of time, held an agricultural land owned by the State of the corresponding size in the cadastral territory of the municipality to which the agricultural land or land to be transferred is the subject of the land arrangements which arose following the decision to exchange or transfer ownership rights.

(12) In the event of the conclusion of a purchase contract, the bond paid under paragraph 7 (b) shall be included in the purchase price. Bail paid by a person who has been confirmed that his bid has been selected and has not fulfilled the conditions laid down in Paragraph 16 (3) shall be forfeited to the State. In the event of termination of a public tender by the conclusion of a purchase contract or for any other reason, the State Property Office shall be obliged to return the bail paid to all other persons no later than 10 days after the closing of the public tender.

(13) The public tender referred to in paragraph 2 cannot be repeated.

§ 13

Sale of real estate and related property in a tender for the most appropriate offer

(1) The State Property Office may sell agricultural parcels with an area of up to 1 000 m2 which have been offered in vain three times in a public tender pursuant to Section 11a of Act No. 229 / 1991 Coll., as amended, and which do not include the buildings with which it is responsible for the management, to persons competing for the most appropriate tender; the decisive criterion is the amount of the purchase price offered.

(2) The State Property Office may sell the buildings or their sets of buildings and associated assets which are on the land of another owner with whom it is responsible in a tender for the most appropriate tender; the decisive criterion is the amount of the purchase price offered. This procedure can be applied to the construction and related assets where the owner of the land did not exercise the right to pre-purchase 26).

(3) The State Land Office may sell the agricultural parcels forming part of the buildings and the related property with which it is responsible in a tender for the most appropriate tender; the decisive criterion is the amount of the purchase price offered.

(4) Paragraphs 14 and 16 shall apply mutatis mutandis to sales in the cases referred to in paragraphs 2 and 3.

(5) The State Property Office shall publish on its official record a notice of the envisaged tender of the most appropriate offer, indicating the real estate and related assets offered and the price determined, whether or not that price is higher than the normal price. The State Property Office may cancel or amend the tender for the most appropriate tender until the contract of sale has been concluded. The notice shall be published on its official record.

(6) In the event of a repetition of the tender for the most appropriate tender, the minimum price declared may be lower than the normal price or determined.

(7) If a person who has been notified of acceptance of an application for a purchase contract fails to comply with the conditions laid down in Paragraph 16 (3), the State Land Authority shall notify the acceptance of the application to another person in order.

(8) If the published price of the sold real estate or related property is at least CZK 500,000, the State Property Office for participation in the tender for the most appropriate deposit offer shall determine 5% of this price. To those who have the right to conclude a purchase contract, the bail paid shall be credited to cover the purchase price. If the person who had the right to conclude a purchase contract did not use that right within the period referred to in Paragraph 16 (3), the bond paid shall be forfeited to the State. In the event of termination of a tender by concluding a purchase contract or cancelling a tender, the State Land Authority shall return the bail paid to all other tenderers no later than 10 days after the date of conclusion of the purchase contract or cancellation of the tender.

§ 14

Purchase price and remuneration

(1) Save as otherwise provided in this Law, real estate and related property in which the State Property Office is competent to manage shall be transferred on a fee, at least at the usual price of 38) or at a price established if this price is higher than the usual price.

(2) The contract of sale shall take effect on the date of its signature, unless otherwise provided for in other legislation40.

(3) Before concluding the purchase contract, the buyer is obliged to pay to the State Land Office an advance of the purchase price.

(4) In order to pay the purchase price under this Act, Act No. 229 / 1991 Coll., as amended, and Act No. 44 / 1988 Coll., as amended, the State Land Office shall count all claims which the buyer has under Act No. 229 / 1991 Coll., as amended, and Act No. 243 / 1992 Coll., as amended, against the State whose satisfaction is the responsibility of the State Land Office and which he considers to be undisputed. The State Property Office may count on the payment of the purchase price and other claims against the State in respect of which it is competent to perform. The claims at issue can only be accounted for in this way at the level the State Property Office considers to be established.

Conditions for the transfer of agricultural land

§ 16

(1) The contract for the transfer of an agricultural parcel with which the State Land Authority is competent may be concluded only with a person who:

(a) is not late in carrying out its debt towards a State with which the State with which the State Land Office is responsible is liable;

(b) prove, by confirmation not more than 3 months old, that it is not late in fulfilling its debt to the State for the privatised assets transferred to it under the privatisation decision;

(c) provide evidence of non-30-day-old certificates that the tax authorities of the Czech Republic or the customs authorities of the Czech Republic have not registered a non-payment, except for a non-payment for which it is permitted to wait his payment or to distribute his payment in instalments;

(d) does not have arrears on insurance premiums and periodic penalty payments for social security and contributions to national employment policy 28); confirmation of the status of the undertakings must be requested by the State Land Authority from the relevant local social security administration (29),

Citation	Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.12.2012
Effective from	01.01.2013
Effective until	-
Status	Valid

Act No. 503 / 2012 Coll.

Law on the State Land Office and on the amendment of certain related laws

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 3

§ 4

§ 4a

§ 5

§ 6

§ 7

§ 8

§ 9

§ 10

§ 10a

§ 10c

§ 10d

§ 12

§ 13

§ 14

§ 16

Contents

Comments 0

Regulation Information

Partner Websites

Favorites

Browsing History