Act No. 93 / 1992 Coll.
Act amending and supplementing Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property
Valid
Effective from 28.02.1992
93
THE LAW
of 18 February 1992
amending and supplementing Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, is amended as follows:
1. In Article 1 (1) (c), the words "residential and" shall be inserted before the word "economic."
2. Paragraph 2 (1) is replaced by a comma at the end and the words "unless otherwise provided by law 'are added.
3. In Article 4 (2), a comma shall be added after the word "person" and the words "referred to in paragraph 1" shall be replaced by the words "whose property has been transferred from 25 February 1948 to 1 January 1990 to the State or other legal person in the cases referred to in paragraph 6,";
4. The following Section 4a is inserted after Section 4:
(1) In the enforcement of the claim, the authorities concerned and the legal persons to whom the right of ownership or use has been transferred shall be obliged to provide assistance to the person claiming to be an authorised person, in particular by providing it with extracts of evidence and copies of documents, as well as other means which may help clarify the case.
(2) If the person referred to in paragraph 1 cannot clearly prove his claim by an extract from the register, the Land Office shall register him as the alleged owner.
(3) At the request of the alleged owner, the Land Office may, by its decision, recognise ownership of the land, crops and other property of that person if the alleged owner:
(a) submit a decision on the succession or contract evidencing ownership rights, proof of a contract or proof of another legal act involving the acquisition of ownership by that person or by his legal predecessor, provided that the transfer has not been legally effective solely because of a lack of registration in the land register or property register;
(b) it proves that the use of real estate between the co-owners or the swap of land has actually been split and the transfer has not taken place simply because the prescribed official procedure has not been maintained;
(c) it proves that it itself or its legal predecessor had land, crops or other property held and cannot produce a proof of ownership because either the registration procedure had not been carried out or that the land or land operators had been lost or damaged or destroyed.
(4) The ownership referred to in paragraph 3 may be recognised if, in the absence of legal proceedings and the alleged owner demonstrates ownership of the land, seines or other property by means of the last document of ownership of his or his direct predecessor and complements that fact by an honest declaration that he is the owner or co-owner of such land, crops or other property and that he assumes all the legal consequences of the disclosure of false data.
(5) If the Land Office does not recognise ownership in accordance with paragraph 3, it shall refer the alleged owner to the court with his claim. The proceedings concerning that claim and whether the alleged owner is an authorised person shall be joined by the court. ';
5. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) The person holding the property referred to in paragraph 1 shall mean:
(a) a legal person who, on the date of application of this Act, had the right of economy or the right of permanent use to property owned by the Czech and Slovak Federal Republic, the Czech Republic or the Slovak Republic;
(b) for other immovable property, their owner. ';
Paragraph 2 shall become paragraph 3.
6. At the end of Paragraph 6 (1) (g), the words "or whose property was transferred to the State under Act No. 183 / 1950 Coll., on property left in the territory of the Czechoslovak Republic by persons who opted for the Union of Soviet Socialist Republics and moved to its territory."
7. in Article 6 (1) (o), the words "or without payment of the refund" shall be inserted after the words "the rules."
8. the following points (t) and (u) are added at the end of Paragraph 6 (1) (s):
"(t) the commandment for the use of a legal person under Act No. 55 / 1947 Coll., on aid to peasants in the implementation of an agricultural production plan, or Government Regulation No. 50 / 1955 Coll., on certain measures to ensure agricultural production,
(u) transfer to a State of co-used singular forests and forest cooperatives within the territory of the Czech Republic where the members of the cooperative were exclusively natural persons. "
9. In Paragraph 6 (2), the following sentence is added at the end: "For persons who have been entitled to the exclusion of agricultural property from confiscation under special regulations, 9), the national citizens of the Czech and Slovak Federal Republic, who are resident in the territory of the Czech and Slovak Federal Republic and who have been confiscated agricultural property and have not been convicted under special regulations, should also be considered for the purposes of this Act. 9a) If this property has already been allocated before the relevant period in the framework of the Land Reform Regulations, the entitlement of these beneficiaries under Paragraph 12 shall be dealt with."
Reference 9a) to the second sentence of Paragraph 6 (2):
"9a) Regulation SNR No. 33 / 1945 Coll. SNR, on the punishment of fascist criminals, occupants, traitors and collaborators and on the establishment of a people's judiciary, as amended."
Paragraph 6 shall be deleted.
11. in Article 7, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Czech National Council is empowered by law to regulate the restitution of the property of Czechoslovak citizens resident in the territory of the Czech Republic who have lost their property under the Decrees of the President of the Republic No. 12 / 1945 Coll., on the confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as on the traitors and enemies of the Czech and Slovak people living in the Czech Republic, or on the confiscation of hostile property and National Recovery Funds, did not commit themselves against the Czechoslovak State and the acquisition of citizenship under Act No. 245 / 1948 Coll.
12. Article 8 (1) reads as follows:
"(1) At the request of the authorised person, the court shall decide that the property is transferred to the property owned by a natural person who acquired it from the State or other legal person who acquired it in the circumstances referred to in Article 6, in cases where the natural person has acquired the property either in breach of the provisions in force or on the basis of an unlawful advantage conferred on the acquirer, as well as persons close to that natural person, if they have been transferred or have been transferred to property or personal use for such property. The application must be applied until 31 December 1992, otherwise the right shall cease. '.
13. in Paragraph 8 (2), the words "original owner" shall be replaced by the words "authorised person" and the words "original owner" shall be replaced by the words "authorised person."
14.
"(6) An appeal may be brought to the court against a decision of the Land Office pursuant to paragraphs 3, 4 and 5. ';
15. the words "and notarial" shall be inserted after the word "Administrative."
16. In Paragraph 10 (2), the following sentence is added at the end: "Free from legal fees is also a person seeking his right under Paragraph 8 if the court has ruled in its favour."
17. § 10 is renumbered § 21a and inserted after § 21.
18. In Paragraph 14 (1), the words "or which have ceased to exist or have been transferred to a person who is not obliged to issue them 'shall be added after the words" to issue'.
19. in Article 15 (1) and (2), the words "the same culture" shall be inserted after the words "comparable permanent crops."
20. In Article 16 (1), the words "the authorised person" shall be inserted after the words "provided."
21. in Article 16 (4), "one year" is replaced by "six months."
22. In Article 16 (5), the words "or settled 'are deleted and the words" one year' are replaced by the words "60 days'.
23. In Paragraph 19, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) If it is not possible for the owner to allocate his own land for technical reasons, the Land Office may, if it so agrees, allocate the land of other owners to the owner after the opening of the land modification proceedings 17a) in a limited period of lease. Such time-limited lease shall cease at the latest by the date of application of the decision approving land-use modifications. The government shall determine the method of financial settlement by its regulation.
(5) The decision of the Land Office referred to in paragraph 4 shall, on application by the owner of the land whose land has been assigned to a temporary lease, be examined by the court. The application for judicial review shall not have suspensory effect. ';
Reference 17a) to Paragraph 19 (4) reads as follows:
"17a) § 6 of the ČNR Act No. 284 / 1991 Coll., on Land Adjustments and Land Offices. Section 7 of the SNR Act No. 330 / 1991 Coll., on land treatment, land ownership arrangements, land offices, land funds and land communities. '
24. In Article 20 (1), the words "or forest 'shall be inserted after the words" agricultural'.
25. in Article 20 (2), the words "this amount" shall be replaced by the words "the amount paid as compensation" and the words "one year" shall be replaced by "60 days."
26. In Article 20 (3), the words "or forest 'shall be inserted after the words" agricultural'.
27. In Paragraph 20, paragraph 4 is inserted after paragraph 3:
"(4) Where the property is not in the use of a legal person as referred to in paragraph 2 to grant a refund pursuant to paragraph 1, the beneficiary may request the removal of a live and dead inventory from that legal person to ensure agricultural production without the restrictions laid down in paragraph 3. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
28. In Paragraph 22 (2), the words "agricultural parcel 'are inserted after the word" owner', the words "real estate 'are replaced by the words" land' and the words "issued 'are replaced by the words" issued'.
29. In Paragraph 22, paragraph 4 is inserted after paragraph 3:
"(4) Where a permanent culture belonging to the necessary plant gene pool is situated on the parcel or where it serves exclusively for the cultivation of new breeding varieties, 23a) the notice period for the statement by the owner may not end before the purpose for which the land was used on 1 February 1992 has been achieved. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6 and the reference to Paragraph 22 (4) shall read as follows:
"23a) § 6 (1) of Act No. 61 / 1964 Coll., on the Development of Plant Production. '.
30. In Article 22 (5), the words "and 4 'shall be inserted after the words" paragraph 3'.
31. in Paragraph 22, the following paragraph 7 is added:
"(7) If no agreement has been reached between the existing user and the owner of the real estate, with the exception of agricultural land, the date of application of this law or the date on which the real estate was issued under Part Two of this Act, the lease relationship between them, which may be terminated at any time. The notice period shall be three months. The period of notice shall begin on the first day of the month following receipt of the notice. ';
32. In Paragraph 23 (1), the words "or degraded 'shall be inserted after the word" or degraded' and after the word "or degraded '.
33.In Article 24 (2), "comparable crops" is replaced by "comparable permanent crops of the same culture."
Article 27 (1) and (2) reads as follows:
"(1) The user of an apartment, non-residential space, building or construction which has carried out its own modifications to the apartment, non-residential space, building or construction in accordance with the construction regulations shall be entitled to compensation for the evaluation if the right of use ends.
(2) Where an apartment, non-residential space, building or construction is degraded on the date of termination of the right of use above normal wear, the user of such premises shall be obliged to pay the owner of the apartment, non-residential space, building or construction compensation for such impairment. "
35. the following Section 28a is inserted after Section 28:
Save as otherwise provided in this Law, refunds under this Act shall be granted at the prices in force on 24 June 1991. '
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
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Regulation Information
| Citation | Act No. 93 / 1992 Coll., amending and supplementing Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1992 |
|---|---|
| Effective from | 28.02.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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