Act No. 95 / 1988 Coll.
Act amending and supplementing Act No. 123 / 1975 Coll., on the Use of Land and Other Agricultural Property to Ensure Production
Valid
Effective from 01.07.1988
95
THE LAW
of 15 June 1988
amending and supplementing Act No. 123 / 1975 Coll., on the Use of Land and Other Agricultural Property to Ensure Production
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production, is amended as follows:
1. § 8 is deleted.
2. Article 9, including the title, reads:
Temporary use
(1) Land not suitable for socialist agricultural production may be transferred to temporary use by an agricultural organisation which includes the right of use.
(a) to their members or to their workers for agricultural use;
(b) a State or cooperative organisation for agricultural and, exceptionally, non-agricultural use;
(c) a social organisation for agricultural use;
(d) other citizens for agricultural use.
(2) Members or workers of an agricultural organisation or other citizens may not be left to use water and fish ponds temporarily.
(3) The agricultural organisation may, where justified, delegate to temporary use to socialist organisations and buildings to which the right of use, or parts thereof, belongs, and to the land on which such buildings are set up.
(4) Temporary use shall be established by a written contract for which the consent of the District National Committee shall be required to be effective. An appropriate remuneration may also be agreed in the contract to transfer the land to temporary use of the citizen.
(5) The user to whom the land has been left for temporary use for agricultural use may, with the prior approval of the agricultural organisation, make modifications to it and establish temporary structures necessary for agricultural use. This also applies to buildings transferred by the agricultural organisation to temporary use in terms of construction adaptations. The approval of the agricultural organisation shall be a basis without which the construction office may not issue a territorial decision, a building permit or a statement that it does not object to the implementation of the construction (1).
(6) All grassland produced on the land during the period of temporary use is the property of the temporary user.
(7) Temporary use shall end with the end of the period agreed upon. If the period is not agreed, it shall end with the end of the period in which the purpose for which the land was used was or could be achieved. Use may end with a notice of six months' notice on 31 December of the current year, unless otherwise provided for in the generally binding legislation or agreement of the participants.
(8) If the land or construction transferred by the agricultural organisation to temporary use is used contrary to the company's interest, the district national committee shall cancel the temporary use contract.
(9) At the end of the period of temporary use, the user is obliged to put the land in its original state, unless there is something else in the contract to transfer the land to temporary use or later arrangement; ensure that there are no unjustified economic losses. ';
3. The following Section 11a is inserted after Section 11:
The right of use of the land on which a small hydropower plant was or is to be set up may be transferred by the agricultural organisation to a socialist organisation or may leave the land to a citizen by a written contract for which the approval of the district national committee is required to be effective. ';
4. The heading under Section 12 shall be indicated above this paragraph.
5. the following Section 12a is inserted after Section 12:
(1) The right of use of the land or part of it may be revoked by the district national committee, on the basis of a proposal from its owner, with the agreement of the agricultural organisation in respect of an unbuilt building plot and where the land could be subject to the right of personal use.2)
(2) The right of use of an economic building or other building (hereinafter referred to as the "economic building ') which the agricultural organisation no longer needs may be revoked by the district national committee on a proposal from the agricultural organisation with the consent of the owner. The decision to revoke the right to use the economic building shall also invalidate the right to use the built-in area with a courtyard or adjacent garden; the garden area shall not exceed 400 m2. The maximum permissible area of the garden may exceptionally be exceeded only if the land of an inappropriate shape or the rest of the land is completely unsuitable for farming.
(3) If the farm building has been assessed at the expense of the agricultural organisation, the owner is obliged to provide compensation to the agricultural organisation corresponding to an effective and permanent evaluation according to the condition at the time when the right of use is abolished. "
This Act shall take effect on 1 July 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Sections 39, 57 (2) and 66 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
2) Sections 199, 200 and 490 (2) of the Civil Code.
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Regulation Information
| Citation | Act No. 95 / 1988 Coll., on the use of land and other agricultural property to ensure production |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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