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amendment to the Act on State Land Office and certain other laws


Published: 2013
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280/2013 Coll. ACT dated August 21, 2013, amending Act no. 503/2012 Coll., On the State Land Office and the amendment of related laws, Act no. 289/1995 Coll., On forests and on amending and supplementing certain acts (the Forest Act ), as amended, and Act no. 229/1991 Coll., to regulate the ownership of land and other agricultural property, as amended Parliament has passed this Act of the Czech Republic: PART ONE Amendments to the Law on State Land Office and amending some related laws Art. I Act no. 503/2012 Coll., On the State Land Office and the amendment of related laws, as follows: 1. In § 6 para. 1 the words "this Act" the words "or the Act no. 229/1991 ., as amended, or Act no. 44/1988 Coll., on the Protection and Use of Mineral Resources (Mining Act), as amended, ". 2. In § 7 para. 1 point. a), b) and c) the words "if they are intended for building public works", the words "or for housing construction." 3. In § 8 the following paragraph 1, which reads: "(1) In the event of changes in zoning documentation or change the decision on the location of the building, which was based on free transfer of land ownership to the municipality in which the proposed building would not be building public beneficial or construction of housing, the municipality is obliged agricultural land converted back under the same conditions under which it was at the commune transferred within a period of 90 days from the coming into force of amendments to the zoning plan or changes in regulatory plan or when the decision on the site location . If it is not possible to land converted back because it will be owned by a third party, the municipality is obliged by the same time give the State Land Office financial compensation in the amount of land price determined by the price regulation ^ 18) in force at the date of conclusion of the contract, under which was the site of the village converted. The same applies in cases where there has been on free transfer of land ownership to the municipality under § 7 para. 1 point. e) and the land was used to implement green. ". Former paragraphs 1 and 2 shall be renumbered 2 and 3. 4. In § 8 par. 2, "a municipality under § 7 para. 1 point. a), b) or c) or "are deleted. 5. In § 8 par. 2, the word "municipality or county obliged" is replaced by "region is obliged". 6. In § 8 par. 2, "the village or" be replaced by "on". 7. In § 8. 2 in the second sentence, the words "community or" are deleted. 8. In § 8 par. 3, the words "paragraph 1" are replaced by "in paragraph 2". 9. In § 8 par. 3, "the municipality under § 7 para. 1 point. e) or "are deleted. 10. In § 9, the words "Agricultural lands in accordance with § 10 to 13 may be transferred only to the" replaced "Unless stipulated otherwise be agricultural land under § 10-13 convert only". 11. In § 12 at the end of paragraph 3 the sentence "This shall not apply in the case where the agricultural land is located in the developable or built-up area of ​​the village. In this case the agricultural parcels transferred for the usual price. ". 12. In § 12 para. 5 point. b) the number "8" is replaced by "9". 13. In § 12 para. 5 point. c) the number "9" is replaced by "10". 14. In § 12 para. 6, the first sentence is replaced by the phrase "In other cases lodged an application at least two people, the State Land Office will invite such persons, within a reasonable time, which they determine." 15. In § 12, after paragraph 6 the following paragraph 7 is added: "(7) If a transfer requested by only one person, the State Land Office to the person promptly confirm in writing that her land will be converted at the renowned purchase price on Based on the purchase agreement, the text of which was published pursuant to paragraph 2 and which the applicant is obliged to conclude within the time limit, form and manner in accordance with § 16 para. 3. ". Former paragraphs 7 to 12 shall be renumbered 8 to 13 16. In § 12 para. 11, the number "9" is replaced by "10". 17. In § 13 para. 1, "10 and" shall be deleted. 18. In § 14 par. 3, fourth and fifth sentences are deleted and the end of the paragraph the following sentence "Provided advantage installments shall not cease when converted farm business enterprise, including land, relative in direct line, siblings or spouse, or if when the acquirer has transferred or transfer the land to the company or a cooperative of which he is a partner or member, and in the relevant land farming. Converting to such person, the acquirer is required to notify the State Land Office within 30 calendar days from the day he was informed by the Land Registry Office of the transfer of ownership in favor of the new owner and submit to the State Land Office, the new acquirer is his relative in direct line, sibling, spouse or company or cooperative, which is a partner or member, and that on this land farms. ". 19. In § 15 par. 3 of the word "payment" is replaced by "payment". 20. § 15, paragraph 7, which reads: "(7) The licensee plot of land can be converted into a company or cooperative, which is a partner or member, and that on this land farming; to such a transfer is a pre-emptive right of the State under paragraph 2 does not apply. By the time the 5-year period provided for in paragraph 2, the new purchaser includes any time that has elapsed from the date of transfer of ownership to land in the Land Register in favor of the original purchaser. ". 21. In § 20 para. 2, after the words "this Act" the words "or the Act no. 229/1991 Coll., As amended, or Act no. 44/1988 Coll., As amended,". 22. In § 20 para. 4, after the words "this Act" the words "or the Act no. 229/1991 Coll., As amended, or Act no. 44/1988 Coll., As amended,". 23. In § 20 para. 5, after the words "this Act" the words "or the Act no. 229/1991 Coll., As amended, or Act no. 44/1988 Coll., As amended,". 24. In § 22 paragraph. 15, second sentence, the words "property owner" the words "or the State Land Office." 25. In § 22, the following paragraph 20 is added: "(20) Communication and verification of relevant government authorities conducted under § 2 of Act no. 95/1999 Coll., As amended effective on the effective date of this Act, or carried by Act no. 229/1991 Coll., as amended, or Act no. 44/1988 Coll., as amended, may be used to transfer under this Act. ". 26. In § 23 after point 31 the following new paragraph 32, which reads: "32nd Decree no. 9/2000 Coll., Which establishes how costs associated with the transfer of some state agricultural and forest land from state ownership to another person. ". The existing point 32 becomes point 33. 27. In § 23, at paragraph 33, the following points 34 to 39 are added: "34th Government Regulation no. 1/1999 Coll., Laying down the rules for granting subsidies in agriculture to partially compensate the adverse economic effects. 35. Government Regulation no. 4/1999 Coll., On the use of the income of the Land Fund of the Czech Republic to support the export of pigs, as amended. 36. Decree no. 88/1999 Coll., On the use of another part of the income of the Land Fund of the Czech Republic to support agriculture to partially compensate the adverse economic effects. 37. Decree no. 201/1999 Coll., Laying down the rules for granting subsidies for strengthening the consumption of milk by pupils in first and second grades of elementary schools and amending Government Regulation no. 4/1999 Coll., On the use of income Land Fund of the Czech Republic to support the export of pigs for slaughter. 38. Decree no. 359/2000 Coll., On the use of the income of the Land Fund of the Czech Republic to implement the Rural Renewal Programme, to promote cattle rearing suckler, to support the sheep, to tackle surplus milk fat, for processing domestic crude honey and solutions to support the honey market in 2000. 39. Decree no. 390/2003 Coll., laying down rules on the use of revenues Land Fund of the Czech Republic to support the restocking of hives. ". PART TWO Amendment to the Forest Act Art. II Act no. 289/1995 Coll., On forests and on amending and supplementing certain acts (the Forest Act), as amended by Act no. 238/1999 Coll., Act no. 67/2000 Coll., Act no. 132/2000 Coll ., Act no. 76/2002 Coll., Act no. 320/2002 Coll., Act no. 149/2003 Coll., Act no. 1/2005 Coll., Act no. 444/2005 Coll., Act. 186/2006 Coll., Act no. 222/2006 Coll., Act no. 267/2006 Coll., Act no. 124/2008 Coll., Act no. 167/2008 Coll., Act no. 223/2009 Coll. Act no. 227/2009 Coll., Act no. 281/2009 Coll., Act no. 501/2012 Coll. and Act no. 503/2012 Coll., is amended as follows: 1. In § 4 para. 3, "§ 11a" is replaced by "§ 11 para. 2". 2. In § 4 para. 7, the number "3" is replaced by "9". 3. In § 4 para. 8, "3 and 7" are replaced by "3 and 9". 4. In § 4 para. 10, the number "7" is replaced by "9". PART THREE Amendment to the Act on ownership of land and other agricultural property Art. III in § 22 of Act no. 229/1991 Coll., To regulate the ownership of land and other agricultural property, as amended by Act no. 93/1992 Coll., Act no. 183/1993 Coll., The Constitutional Court ruling, issued under no. 29/1996 Coll., Act no. 139/2002 Coll. and Act no. 254/2011 Coll., paragraph 9 including footnote. 23c deleted. Former paragraph 10 becomes paragraph 9 PART FOUR Art. IV Amendment of the Law on land consolidation and land offices Law no. 139/2002 Coll., On land consolidation and land offices and amending Act no. 229/1991 Coll., To regulate the ownership of land and other agricultural property, as amended as amended by Act no. 309/2002 Coll., Act no. 53/2004 Coll., Act no. 186/2006 Coll., Act no. 124/2008 Coll., Act no. 227/2009 Coll. and Act no. 503/2012 Coll., is amended as follows: 1. In § 1, second sentence, the words "Regional Land Office" is replaced by "regional branch of the Land Office." 2. § 3 para. 3, the second sentence the following sentence "When owners within the deadline set by the Land Office does not respond, it is considered that a solution to the land consolidation agreement.". 3. In § 3 par. 4 of the first sentence the words' the adoption of laws on this property ^ 8) "is replaced by" a decision in accordance with § 11 para. 4 "and the last sentence is replaced by the sentences" The newly formed plots according to the approved design is viewed as an original property under a special legal regulation 8). This is for the purpose of marking in the real estate stated in a decision issued pursuant to § 11 para. 8. ". Footnote. 8 reads: "8) § 2. a) Act no. 428/2012 Coll., on property settlement with churches and religious societies and amending some laws (Act on property settlement with churches and religious communities). ". 4. In § 9. 7 the last sentence, the words "on land solved," are deleted. 5. In § 9. 11 first sentence the words' choir or owners unless corps elected, and "shall be deleted and the first sentence, the following sentence" Land Office before submitting the plan to the municipal public facilities demonstrably acquainted with this plan corps representatives or owners unless corps elected. ". 6. In § 9. 13 first sentence, the word "community" be deleted and the last sentence is replaced by the phrase "if there are no grounds for marking notes, land registry office canceled a comment on a proposal from the Land Office.". 7. In § 10 paragraph. 2, second sentence, the words "; This amount shall not be higher than 10 000 CZK, "the fourth sentence, the words" and the county has no perimeter landscaping owned more land "and the phrase seventh deleted. PART FIVE EFFECT Art. In This Act shall take effect on the first day of the calendar month following the date of its publication. 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