229/1991 Coll.
LAW
of 21 June 1999. May 1991
on the adjustment of the ownership of land and other agricultural property
Change: 42/1992 Sb.
Change: 93/1992.
Change: 39/1993.
Change: 183/1993.
Change: 131/1994 Coll.
Change: 166/1995 Sb.
Modified: 29/1996 Coll., 30/1996 Coll.
Change: 139/2002 Coll., 320/2002 Coll.
Change: 253/2003 Coll.
Change: 354/2004 Coll. (part)
Change: 354/2004 Sb.
Change: 272/2005 Sb.
Change: 531/2005 Sb.
Change: 131/2006 Sb.
Change: 178/2006 Sb.
Change: 75/2012 Sb.
Change: 254/2011 Sb.
Change: 428/2009 Coll., 503/2012 Sb.
Change: 280/Sb.
Change: 89/2009 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic in an effort to
mitigate the consequences of certain property injustices that have occurred against
the owners of agricultural and forest property in the period from 1948 to 1989,
to improve the care of agricultural and forestry land by restoring the original
the ownership of land and
modify the ownership relationships to the land in accordance with the interests of the economic
rural development in accordance with the requirements for the formation of the landscape and the environment
environment,
has resolved to this Act:
PART THE FIRST
§ 1
The scope of the law
(1) the Act applies to
and the land that makes up) agricultural soil or into the pool, "^ 1") and in
the scope of this Act on the ground that forms the forest soil
the Fund, a ^ 2) (hereinafter referred to as "the land"),
b) residential buildings, buildings and other constructions, belonging to the original
farmhouses, including developed properties,
c) residential and farm buildings and structures, serving agricultural and forestry
production or related water management, including developed
land,
d) another property referred to in section 20.
(2) the Act regulates the rights and obligations of owners, the original owners,
users and tenants of land, as well as the scope of the State while editing
ownership and use rights to the land.
(3) unless this Act provides otherwise, the legal relations to property
referred to in paragraph 1 of the law.
Basic provisions
§ 2
(1) in addition to the owner have the right to use the land of another person on the basis of
the owner of the contract or on the basis of the contract concluded with the
the Land Fund, unless otherwise provided by law.
(2) for the purposes of this Act, the owner of the land owner stands on the
It arising; This is without prejudice to the right of ownership of agricultural cooperatives
the Czech Republic on the grounds of their members in accordance with the regulations on the agricultural
cooperativism. ^ 3) for parcels of the contract for use, is the owner of
other than the permanent stands the user, if the owner agrees
otherwise.
§ 3
cancelled
PART TWO
§ 4
Authorised persons
(1) a qualified person is a State citizen of the Czech and Slovak Federal
Republic, whose land, buildings and facilities belonging to the original agricultural
estate were transferred to the State or to other legal persons from 25.
February 1948 to 1. January 1990 in the manner specified in § 6 (1). 1.
(2) If a person Died, the property passed in time from 25. February 1948
1. January 1990 to State ownership or other legal persons in
the cases referred to in paragraph 6, before the expiry of the period referred to in section 13, or
If before the expiry of that period has been declared dead, are
authorized persons if they are citizens of the Czech and Slovak
Federal Republic, a physical person in this order:
and the heir of wills,) which was presented in succession, which
acquired the entire heritage,
(b)) heir of wills, who has acquired the property, but only to the extent
corresponding to his share of the inheritance; This does not apply if the heirs in accordance with
the will only accrue to the individual case or the law; He was the heir of wills
appointed only to certain parts of the property to which it applies
obligation to issue, is entitled only to this part of the property,
(c) the spouse of the person) children referred to in paragraph 1, all equally;
If the child died before the expiry of the period referred to in section 13, are on his site
beneficiaries of his children, and killed some of them, his children,
d) parents persons referred to in paragraph 1,
e) siblings the persons referred to in paragraph 1, and died when one of them,
are the beneficiaries of his children and his spouse.
(3) in the cases referred to in § 6 (1). 1 (b). (j)) are authorized
persons of the persons referred to therein; the provisions of paragraph 2 (a). c) to (e))
by analogy.
(4) in the event that the authorized person died, benefiting the
the release of assets before a decision under section 9, the right to
an heir.
Section 4a
(1) in the enforcement of the right are the institutions of the State administration and
the legal entity to which passed the ownership or usufruct, shall be obliged to
give to the one who claims to be an entitled person, assisting, in particular by
that provide extracts from the register and a copy of documents, as well as other
resources that can contribute to the clarification of the matter.
(2) if the person referred to in paragraph 1 clearly demonstrate its
entitled a statement of official evidence, State Land Office writes it (
"the land Office") as alleged by an authorized person.
(3) at the request of the alleged beneficiaries of land Office of its
the decision may recognize a claim to land, the Czech Republic and other assets this
person, if the person entitled has asserted:
and shall submit the decision on the inheritance) or a contract, which is illustrated by the
rights of ownership, proof of contract or proof of another legal act of the
the acquisition of the ownership of that person or its legal predecessor,
If there were no legally effective conversion only for the lack of writing to
the land register or the register of real estate
(b)) proves that in fact there was a division of property between the usage
the co-owners or the exchange of land, and to convert not only because
He was not retained for the prescribed procedures,
(c)) proves that he himself or his legal predecessor had land, stands
or other property in the possession of and cannot provide proof of ownership,
because it was not implemented either write control, or it has lost
or any damage or destruction of the cadastral or land operátů.
(4) a claim referred to in paragraph 3, it is possible to recognise, if not entitled other
the authorized person that lost the stuff before, if not in the matter of the Court of
management and perceived the person entitled proves the claim to the land, the Czech
or other assets last proof of your claim or your direct
the predecessor, and this fact is the following formal declaration that is
the owner or co-owner of the land, crops, or other
assets and that is taking on all the legal consequences of putting
false information.
(5) if the authority does not recognise a land claim pursuant to paragraph 3, a reference
the supposed beneficiaries with its claim to the Court. The procedure for this
the claim and whether the beneficiary is perceived by an authorized person, the Court
correlated.
§ 4b
(1) the entitled person, the Perceived land Office before 1 May 2004.
July 2012 referred under section 4A(1). 5 with its claim to court, may
the claim filed with the Court not later than 31 December 1998. December 2012;
If he fails to do so within that period, the right to go to court.
(2) the Alleged beneficiary, the land Office, after the date 1. July
2012 directs under section 4A(1). 5 with its claim to the Court, the latter may
the claim filed with the Court within a period of six months from the day on which the
learned that his claim is dependent on the Court; If he fails to do so in the
This time limit, the right to go to court. ".
§ 5
The obliged entity
(1) the obliged entities are the State or legal entities which, at the date
the effectiveness of this law, the real estate holding, with the exception of
a) enterprises with foreign participation and trading companies,
whose shareholders or participants are solely by natural persons. This
the exception does not apply in the case of things acquired from legal persons 1. October
1990,
(b)) of foreign countries.
(2) a person who holds property pursuant to paragraph 1, shall be:
and) a legal person, which was the effective date of this Act to
real estate owned by the Czech and Slovak Federal Republic,
The Czech Republic or the Slovak Republic the right or right of management
permanent use,
(b)) in respect of other immovable property of their owner.
(3) the debtor is required to the real estate business until their release
the person entitled to dispose of the due diligence, from the effective date
This Act cannot do these things, their components and accessories, convert
into the possession of another. Such acts are invalid. The right to
damages, which required the person causes the legitimate violation of these
obligations, the provisions of section 28 shall remain unaffected.
§ 6
Release real estate
(1) eligible persons will be issued to real estate, which were transferred to the State
or another legal entity as a result of
and the confiscation of property), the forfeiture of things or prevent things in
criminal proceedings, where appropriate, in criminal proceedings under the former administration
the regulations, if the verdict was cancelled by the specific provisions, ^ 5)
(b) no refund procedure) withdrawal pursuant to Act No. 143/1947, Coll., on the revision of
the first agrarian reform, or according to the law No 46/1948 Coll., on new
the land reform,
(c) under section 453a) procedure of the civil code or pursuant to § 287a Act No.
87/1950 Coll., on criminal court proceedings (code of criminal procedure), as amended by law
No 67/1952 Coll.
d) withdrawal no refund procedure laid down in the Act SNR No. 81/1949 Coll. SNR, about
modifying the legal conditions of the assets of the former urbariátníků, pastvinářského
komposesorátů and similar services,
e) withdrawal no refund procedure laid down in the Act SNR No. 2/1958 Coll. SNR, about
modify the conditions and management of jointly used by forests of the former
urbariátníků, komposesorátů and similar services,
(f)) statement and the contract of assignment of receivables in case of eviction
(using the renunciační statement),
g) that citizen visitors abroad real estate left behind in the territory
States or whose property passed to the State pursuant to Act No. 183/1950
Coll., on property zanechaném on the territory of the Czechoslovak Republic the persons
that optovaly for the Union of Soviet Socialist Republics and
resettle in its territory,
(h)) of the Treaty on the donation of real estate closed donor in distress,
I) carried out on the management of auction payment claims of the State,
(j)) of the Court decision, which was declared null and void a contract of
the transfer of assets, that citizen before going abroad transferred the case to the
else, if the ground for invalidity was leaving the Republic, or
the recognition of such contracts void participants; in this case, is
by an authorized person, the transferee under that Treaty, even if this
the contract became effective,
k) purchase contract concluded in distress at arm's length,
l) denial of heritage in succession made in distress,
m) in compensation for expropriation, if the property exists and is not used consistently
the purpose for which it was vyvlastněna,
n) expropriation without payment of compensation,
about nationalization or nationalization) ^ 5a) carried out in breach of the then
laws or without payment of compensation,
p) taking over the real estate without a legal reason,
r) political persecution ^ 6) or a procedure that violates generally accepted
human rights and freedoms, ^ 7)
s) commits to cooperatives in accordance with special regulations ^ 8),
t) commandments to the use of legal persons on the basis of Act No. 55/1947
Coll., to help farmers in the implementation of the agricultural production plan,
or a governmental regulation No. 50/1955 Coll., on certain arrangements for the
ensure agricultural production,
u) conversion together used singular forests and forest cooperatives to
the territory of the Czech Republic, if the members of the cooperative were exclusively to natural persons.
(2) Similarly, even in cases where the natural persons was
entitlement to exemption of agricultural property from forfeiture pursuant to specific
legislation. ^ 9) For persons who qualify for the exemption of the agricultural
assets from confiscation by the specific provisions, ^ 9) must be considered
for the purposes of this Act and the State's citizens of the Czech and Slovak Federal
The Republic was confiscated agricultural property and were not convicted
under the specific legislation. ^ 9a) If this property was before
applicable period allocated in the framework of the rules on land reforms,
addresses the entitlement of the beneficiaries in accordance with § 12.
(3) the authorized person is required to pay, after the release of the property of the State
outstanding balance allocation the price at which it was originally received; Similarly,
under no obligation to refund the purchase price or to replace it by the State or other
legal person in real estate transfer tax has been paid. Time to pay
Specifies the land authority. The amount of the underpayment, the regional authority shall notify the allocation of the price.
(4) if the property on the day were losing acceptance receivables cash
institutions, secured on real estate property and settled according to the specific
the regulations, to pay the beneficiary the amount you state the following deal.
(5) if the property into the ownership of the village, the person entitled
right under this Act to the community.
(6) If a person other than the State of the property, that person is entitled to
refund of the purchase price you paid when buying a property. This entitlement
must be filed with the competent authority of the State administration of the Republic.
§ 7
(1) Mitigate some other property-related injustices resulting from
the validity or the special application of certain legislation or on
other reasons only in the territory of the Czech Republic or the Slovak
Adjusts the Czech National Council of the Republic or the Slovak National Council
a special law.
(2) the Czech National Council shall be empowered to act adjusted the restitution
assets of Czechoslovak citizens who lost their assets according to the decrees
President of the Republic No. 12/1945 Coll., on confiscation and accelerated
the distribution of the agricultural property of Germans, Hungarians, as well as the traitors and enemies
Czech and Slovak nation, or no. 108/1945 Coll., on the confiscation of
enemy assets and funds national reconstruction, neprovinili against the
the Czechoslovak State and gained back citizenship pursuant to Act No. 247/1948
Coll., on the State of citizenship of persons of the Hungarian community, Act No. 194/1949
Coll. on acquisition and loss of Czechoslovak citizenship, or
Act No. 34/1953 Coll., which some people take the Czechoslovak
citizenship, if not already a constitutional decree
President of the Republic No. 33/1945 Coll., on the adjustment of the Czechoslovak State
citizenship of persons of German and Hungarian ethnicity.
§ 8
(1) at the request of an authorized person the Court decides that it is inherited
the ownership right on real estate owned by natural persons, that it
acquired from the State or other legal entities, which would cover
the right to release under this Act, in cases where the physical
the person took the property either at odds with then-applicable regulations or in
a price lower than the price corresponding to the then valid price regulations or
on the basis of an unlawful advantage of the transferee, and relatives
This person, if they passed or was transferred ownership of the
or personal use to such real property.
(2) the application referred to in paragraph 1 may be applied no later than six months
the date on which can be applied for the first time or within six months of the legal
the decision of the authority to refuse the issue of land property, otherwise the right
ceases to exist.
(3) a natural person whose ownership passed to beneficiaries
referred to in paragraph 1, is against the State are entitled to refund of the purchase price and payment
expenses reasonably incurred on the property. Entitlement shall apply for
the competent central authority of the State administration of the Republic. The State has in
such a case against a beneficiary to be entitled to reimbursement of the costs effectively
incurred on the property, which has paid to a natural person by the phrase
the first.
(4) in the event that a landowner donated land in need of physical
person or is transferred free of charge in connection with the conclusion of a purchase
the contract for the building, to which the land belonged, and where are these lands in
property of the person from whom it was donated or transferred free of charge, or in the
property of the person in that person, the Court shall decide on the proposal of the legitimate
people:
and the cancellation of the contract), either in that part of the parcels were donated or
free of charge, converted to a natural person, or,
(b)) that the owner, who acquired the land in this way, or his heir
will pay the price of donated land; the price of land is determined by price
regulations in force on the date of 24. June l991, that when pricing
with the price of land will be assessed according to the type of culture at the time of the donation.
If the owner of the property with the payment of the price referred to in subparagraph (b)),
the Court shall decide on the termination of the contract pursuant to point (a)).
(5) in the event that the land owned by a person other than the person
referred to in paragraph 3, shall be reimbursed by the person to whom the land donated to or
free of charge, transferred, or her heir to an authorized person the price at which
the parcels were transferred to a third person.
§ 9
(1) a claim by a person of the land Office and prompts
required a person to release the property. The obliged entity concludes with the legitimate
the person within 60 days of the submission of challenges of the agreement on the release of the property.
(2) the agreement is subject to approval by the land Office, by decision
issued in the administrative procedure.
(3) the decision of the land authority to disapprove of the agreement be reviewed on the
request of a party the Court. If the court approves the agreement, it will return the thing
land the authority for decision in the case.
(4) If no agreement is reached under paragraph 1, shall decide on the ownership of the
the person of the real estate land Office.
(5) If it is necessary, can land the authority to establish or
Cancel on the transferred real estate easement, or save the other
measures for the protection of the environment or important interests of other
owners.
(6) the Office against the decision of the land referred to in paragraphs 3, 4 and 5 it is possible to
to bring an action to court ^ 25).
(7) the decision referred to in paragraphs 2 and 4 shall be the amount of receivables
According to § 6 paragraph 1. 3 and 4, and the time limit for payment. This decision may
Land Office issued subsequently, but within three years from the legal
the decision according to paragraphs 2 and 6.
(8) proceedings pursuant to this provision are the authorized person,
benefiting the issue of real estate by the land Office and the
the obliged entity.
(9) the procedure under paragraph 2 is initiated by the date of receipt of the agreement concluded
According to paragraph 1, the land Office. Proceedings under paragraph 4 is launched
expiry of the period referred to in paragraph 1 or the announcement of a tenderer to
the agreement does not occur.
§ 10
cancelled
§ 11
(1) land cannot be issued if the
and the land was set up) the right to personal use, except in cases
When this right has been established under the circumstances referred to in section 8,
(b)) was on the property after the transfer or the transfer to State ownership or
other legal persons established cemetery
(c)) the plot was after the transition or transfer to State ownership or other
legal person installed; the plot can be picked, unless construction
agricultural or forest land use, or in the case of the construction
movable, ^ 9b) or temporary, ^ 9 c) or 1, 9 d) or minor ^ ^ ^ 9e)
and or construction underneath the surface of the Earth. For the built-up part of the land
is considered to be part of it, on which stands a building that was started before 24.
June 1991, and part of the land with a building immediately
related and necessary to the operation of the building. The start of construction
means the actual start date of construction, recorded in a diary and
notified the building Office, if the construction was begun within two years from
issue a building permit,
(d)) on the plot was based on the land-use decisions, with the exception of settlements
temporarily located, set up by kid z or chatová osada ^ 10) or
located on a plot of kid z or cottage settlement, which was established
1. October 1976
e) on land that has been exempted from the agricultural land resources, it was
the basis of zoning and planning decision established physical education or sports
device or the parcel contains a physical education or sports
the device, which was established before 1 January 2002. October 1976
(f)) If you cannot make the identification of the parcels due to incomplete
the allocation procedure pursuant to Decree No. 12/1945 Coll., Decree No. 28/1945
Coll., Act No. 142/1946 Coll. and Act No. 46/1948 Coll.
(2) in the cases referred to in paragraph 1 may be a beneficiary on her
request a reasonable acreage of forest land converted to and quality, all in a
prices on the date of 24. June 1991 and under the conditions laid down in the specific
law ^ 10a).
(3) in the event that, under the specific legislation occurred after the transition, or
transfer to State ownership or other legal entity to limit the
use of the land by the land or part thereof is intended for Defense
State ^ 11) or is intended for the extraction of minerals ^ 12) or became by
Special regulations ^ 13) part of the national forest land resources
the Park is in the territory of the State or nature reserve, a protected site,
the protected Park, protected garden, study areas, protected zone
sanitary protection of water resources of first instance or of the protected
the natural creation, or are a significant feature of element or if it has
preventing the release of the temporary nature of the land, it is the will of the legitimate
persons, whether it will request the release of the original land or transfer to another
the land owned by the State. If the beneficiary requests a transfer
other land, proceed according to section 11a.
(4) housing, economic building and another building, belonging to the
the original farmhouse, cannot be issued if the essential
reconstruction of the building lost its original technical character construction
It is not related to the subject of agricultural production.
(5) cancelled
(6) if the obstacle is lifted, for which cannot be real estate issue, on the date of
the decision of the land Office, the Office shall decide on the issue of land
of the property to the beneficiary according to § 9 para. 4.
(7) If a building on the property owned by the obliged entities that
provides agricultural production, or the building owned by the State and has
the person entitled to a compulsory individual or State outstanding claims on the
granting of the refund under this Act, or on the issue of holding
pursuant to Act No. 42/1992 Coll., of at least 50% of the price of the building, the
decide on a proposal from the Office of the land of an authorized person for the issue of land and
with the building. The required person or in this case, the State has the right to
compensation in the amount by which the cost of construction ^ l3a) exceeds the outstanding
claims of an authorized person.
§ 11a
The procedure for the transfer of other agricultural land
(1) an authorized person referred to in paragraph 4, which under this Act cannot be
issue of land seized from the manner specified in § 6 (1). 1 and 2, it translates
Land Office other land on the basis of public tenders, unless
unless otherwise provided for. Persons to whom the right of beneficiaries to the gratuitous
the transfer of other land passed by inheritance, for the purposes of this Act,
considered a competent person.
(2) a public offer shall draw up the land from the land Office, which
located in the built-up area of the village or stoppable desktop
defined in the binding part of the approved planning documentation, if
their transfer does not prevent the legal obstacle of land
the built-up area of the village are located outside or stoppable desktop
set out binding parts of the territorial planning documentation. Land
unconverted based on this offer will be subject to transfer under
Act No. 503/2009 Coll., on the State Land Office authority and amending certain
related laws.
(3) in a public offering shall be
and binding data on the land) by the land registry,
(b) the price of the land),
(c)) the time limit within which the persons concerned about the land request in writing.
(4) an inventory of land offered for the conversion in the territorial jurisdiction of the village display
the village at the request of the land Office on the notice board of the local authority. The first
day of posting is date of publication of the offer.
(5) a person who applies for a transfer of land must apply to the land Office
the transfer in writing within one month from the date of the announcement of the sale.
(6) following the publication of the land can be downloaded from the menu only
If the transfer of the land was in violation of the law or if the
It was also claimed the right to the transfer in accordance with specific legal
regulations ^ 13 c). Download from the menu exposes the village at the request of the land
the Office also by posting on the notice board of the local authority.
(7) an application for a plot of land must contain an unmistakable offered details about the
the right to transfer all or part of the land marked
satisfied, it must be delivered to the specified address in a timely manner, and must have a written
form. Otherwise, it is invalid. Invalid request for land is, if
the total claim put forward in it is lower than the sum of the prices of attractive plots of land.
(8) a competent person who requests the offered land, closes
land immediately to the Office of the Treaty in respect of the transfer. The contract can be
closed only to the satisfaction of the claim put forward in the application.
(9) the request offered by the land more beneficiaries, invite them
Land Office to offer for the land claim is more than the price of the land
determined in accordance with paragraph 13. According to the above quotations down land Office
the order by which it will gradually propose the beneficiaries
conclusion of the contract. The deadline for the adoption of a proposal shall be 14 days and after its
expiry has the right to contract the beneficiary on the next
place in the order.
(10) the application of the offered by the land referred to in paragraph 7 may, on the basis of
offer to the public to submit (i) natural or legal persons, that have been
the right to the free transfer of land is transferred or otherwise transferred
than by inheritance (the "legal successor"). A plot of land of public offerings,
that has not been transferred to beneficiaries, it converts the land Office
free of charge to the ownership of a legal successor, which for him on the basis of
offer to the public. Asked about the land more successors in title,
Land Office shall proceed mutatis mutandis pursuant to paragraph 9.
(11) if the beneficiary Is the owner or co-owner of the building,
that is real estate, outside the public offer can be converted into
ownership of the land on which the building is located, as well as land,
If with this construction of functionally related. Under the same conditions can be outside the
public offer to convert the land and to a legal successor.
(12) the Treaty in respect of the transfer of the land cannot be closed if it was
claimed on its transfer under special legislation ^ 13 c).
(13) the price of the land referred to in the offer to the public shall be determined by Decree
No. 182/1988 Coll., on prices of buildings, land, permanent crops, the share
for the establishment of land use rights and the rights of personal compensation for the temporary
the use of the land, as amended by Decree No 316/1990 Coll., with land
specified by the approved planning of construction documentation will be
valued as a building. The provisions of section 6 of Decree No. 85/1976 Coll., on the
more detailed editing of spatial management and building law, as amended by
amended, shall not apply. In the same way will be appreciated even land
transferred outside the public offering referred to in paragraph 11.
(14) the price of permanent vegetation and fencing is mentioned in a public offering or
determined in accordance with paragraph 13 for the transfer of a plot of land outside of the public offer, the
be deducted from the price of the land transferred to the person who proves that it is on the
set up your cargo, if there was no settlement in connection with the
the termination of the lease of the land in accordance with § 24 para. 2. the same is true in the
If the permanent vegetation or fencing set up at their own expense legal
the predecessor of the acquirer.
(15) the Land to public offerings to include only once.
§ 12
Overlapping claims
If the overlapping claims of the beneficiaries in accordance with § 6 para. 1, belongs to the
the right to the release of the original estate that one of them, that their
ownership of lost as a result of the unilateral act of the State. If this
the way it has in its possession progressively more beneficiaries,
This right belongs to the one of them that ownership lost earlier, if
agree otherwise. Other beneficiaries have in this case, the right to
on the transfer of land under section 11 (1) 2 or pursuant to section 11a, as appropriate, on the
a financial compensation.
section 13 of the
The time limit for making a claim
(1) cancelled
(2) if the property is issued pursuant to section 9, the person who could
meet all the conditions of the beneficiaries as of 31. January 1993 or to the 1.
September 1993, and the claims within the time limit referred to in paragraph 4 have not been
met, these claims in court against persons who have been
real estate released, within six months from the date of expiry of the period referred to in
paragraph (4). An authorized person referred to in paragraph 5 may apply to the Court
the claim against the person to whom the property was issued pursuant to section 9, within six
months from the expiry of the period referred to in paragraph 5.
(3) the person entitled may require the person to issue the required real estate and
ask for the granting of the refund under section 14 to 16 within six months from the date of
When she learned who is required by a person, not later than five years from the
24 September. June 1991. An authorized person referred to in paragraph 5 may apply
claims under this paragraph by 31 December. December 1996. Not in the
limit these rights cease to exist.
(4) the right to a real estate according to § 6 could the person entitled,
other than an authorized person referred to in paragraph 5, to apply until 31 December 2006. January 1993,
and as for claims arising from article. (II), to 1. September 1993. Compensation for
alive and dead inventory under section 20 could, with the exception of authorised person
an authorized person referred to in paragraph 5, to apply until 31 December 2006. March 1993. In
the case referred to in § 6 (1). 1 (b). and the 18-month time limit began)
to run only from the date of the decision, which the statement is canceled,
If this decision 1. July 1993. Not to apply the law in
time limit the right to disappear. The deadline for the submission of written evidence in the proceedings
before the land Office is governed by the General rules of administrative procedure.
(5) the right to release the property under section 6 may, after 31 December 2006. January 1996
apply the beneficiary that was not until 31 December 2006. January 1993 or to the 1.
September 1993 by an authorized person only because they did not meet the condition
permanent residence, within six months from the date when this law could apply
for the first time, otherwise this right ceases to exist. The person entitled to the
compensation for the dead and livestock under section 20 to 31. December 1998. In
the case referred to in § 6 (1). 1 (b). and the 18-month period begins)
to run only from the date of the decision, which the statement is canceled,
If this decision after 31 December 2006. December 1998.
(6) the person concerned has the right to transfer the land owned by the State to
2 years from the date of the decision of the land Office.
(7) after the expiry of the period referred to in paragraph 6 of the law on the transfer of land in the
State ownership ceases to exist.
(8) paragraphs 6 and 7 shall not apply to
and beneficiaries), the right to land under section 11
paragraph. 2 of this Act, as amended by Act No. 182/1993 Coll., and her heirs,
(b) a relative in the ascending line), husband, partner or sibling of the person
referred to in point (a)), the right to land under section 11
paragraph. 2 of this Act, as amended by Act No. 182/1993 Coll., converts.
The provisions of § 11a for converting other land uses
by analogy.
Refunds
§ 14
(1) the beneficiary belongs to substitute for residential buildings, buildings
and other constructions which may be issued under this Act or that are no longer present
or have been transferred to a person who is not required to publish. Similarly,
It belongs to the beneficiary of the compensation for the land, which is under this Act
issued and for which he was not given another plot of land.
(2) If a residential building, economic building or other structure which has
be released, evaluated substantially so that its price is determined at the date of
the effectiveness of this law exceeds the price of the building at the time of the takeover by the State
or other legal entity, is the will of the persons concerned, whether it takes over
the building and will pay the difference between the prices required a person, or request a
a refund.
(3) if the price Is issued by residential buildings, buildings or other
buildings intended for day 24. June 1991, less than the original price of the building, has
persons entitled to the right to the grant of a refund equal to the difference in prices.
(4) for the purposes of this Act shall not be considered as essential evaluation
ameliorative devices under the surface of the soil. The authorized person that was
released real estate, on which is located the building drainage and land reclamation, is required to
the construction of drainage and land reclamation.
(5) if not authorized person also is the owner of the construction works, drainage and land reclamation
required to allow inspection, maintenance and repair of the legal or natural person,
who is responsible for its status and activities.
(6) the main melioračním equipment referred to in paragraph 4 shall mean the
drainage pumping station, open and covered the channels to the lightness of 30 cm
including the collection of open ditches, canals and structures on the
ditches, polders and shunt tank irrigation tank sampling objects,
the course covered and open with objects on them, petrol station, displacements
and pipe network to the hydrant, paved paths and handling area
used exclusively for your sprinkler operation.
(7) in accordance with paragraph 2 shall be applied also in cases where a residential building,
economic building or other building became part of another building or
construction.
(8) the prices shall be fixed in accordance with the regulations in force on the date of pricing efficiency
of this Act.
(9) in the event that the person has acquired the real estate into your ownership
allocation from the State after 23. June 1945, the replacement for the
the property referred to in paragraph 1 only to the amount paid by the allocation price;
If you cannot determine the amount of the allocation of the price paid, it shall provide the refund
in the amount of 1.5% of the price of the property provided for under section 28a.
§ 14a
A thing cannot be issued if the 1. September 1993 acquired ownership of other
persons other than the State, or if it was approved regarding this case privatization
project or decision on its privatisation. Authorized person
According to § 13 para. 5 is entitled to reimbursement provided pursuant to section 18a
paragraph. 2.
§ 15
(1) upon the issue of the land under this Act becomes the property
authorised persons the permanent stands and everything form their components (§ 120
paragraph. 1. Cust.), and ameliorative device located below the surface
the land, with the exception of the main device: according to § 14 para. 5,
that is on this piece of land located at the time of its release.
(2) if the land or any part thereof, to be issued in accordance with
This Act, at the time of its receipt by the State or other legal
permanent vegetation, and if the person on this piece of land is not at the time of his
editions priced comparable permanent vegetation, belongs to the beneficiary the compensation
a permanent stand in the amount of the difference between the price of permanent vegetation that
the land was located at the time of its receipt by the State or other legal
person, and the price of permanent vegetation that is on the land located in the
the time of its release.
(3) if the land or any part thereof, to be issued in accordance with
This Act, at the time of its receipt by the State or other legal
permanent vegetation, and if the person on this piece of land is not at the time of his
issue no permanent vegetation, belongs to the beneficiary the compensation for the Permanent
the vegetation of permanent crop prices, who was in on the plot
time of its receipt by the State or other legal body.
(4) if the newsletter of forest land under paragraph 3 was
Les, it is obligatory to reforest the land shall at its own expense in the
the time limit fixed by law) and ^ 13b dopěstovat les to secured culture,
unless the parties otherwise. From the compensation for the permanent vegetation according to the
paragraph 3, there shall be deducted the cost of the introduced and secured a permanent crop.
(5) if the land or any part thereof, to be issued in accordance with
This Act was not at the time of its receipt by the State or other legal
permanent vegetation, and if the person on the land at the time of its release
permanent vegetation with the exception of the forest belongs to the required person compensation for the Permanent
the vegetation of permanent crop prices, which is located on the property in the
the time of its release.
(6) if the land or any part thereof, to be issued in accordance with
This Act, at the time of its receipt by the State or other legal
permanent vegetation, and if the person on the land at the time of its release
affordable more valuable permanent vegetation with the exception of the forest belongs to the required person
a substitute for a permanent stand in the amount of the difference between the price of permanent vegetation,
that the land was in the time of its receipt by the State or other
a legal person, and the price of permanent vegetation that is on the land
located at the time of its release.
(7) if the beneficiary is required to use the issue of land according to § 9
provide the required person compensation for the permanent vegetation according to paragraphs 5 and 6,
It is the will of the persons concerned, whether it will take over the land and pay compensation for the
permanent vegetation or asks for the release of other land; in such a
case it shall proceed in accordance with § 11 para. 2 unless otherwise agreed by the parties
otherwise.
(8) the prices shall be determined according to the rules in force at the date of price 24. June
1991.
(9) if the owner of the permanent stands, State compensation in accordance with paragraphs 5 and
6 do not provide.
section 16 of the
(1) for the land, which shall not be issued under this Act and for which the
You cannot give a different plot of land belongs to the cash compensation equal to the price
withdrawal of land provided for pursuant to § 28a, if this law does not
otherwise (§ 14 para. 9). Compensation for the land Office shall provide, within three years after
receipt of the written invitation
and the beneficiary or his) heirs, or
(b)) to the person that is subject to the deadline for the transfer of other land under section
in article 13(3). 6 of this Act; the challenge of this person must be delivered
Land Office not later than 6 months after the expiry of the deadline for the transfer of
the plot, otherwise the right to financial compensation.
(2) other compensation under section 14 and 15 provide a legal person (legal
successor) that possession or held her at the time of the demise of the real estate
or the person who has transferred the property under this Act
does not issue. If the person entitled has bought from the State or a legal person
real estate before the effective date of the Act, has a claim against the person on the refund
According to section 14 and 15 the price ^ 13a) at the time of the transition to the State.
(3) the person entitled to compensation at the latest release prompts within the time limits
referred to in section 13. Depends if the right to compensation for the decision of the land
authority or the Court, ends with the expiry of six months from the date of
the legal force of the decision.
(4) compensation shall be granted to the beneficiary within six months from the date of
delivery call. The refund is in matters which the person required to
custom compensation or to which they had the right management ^ 13d) to
day 24. June 1991, or of a share in the assets of that person, and up to the
the value of the original property and permanent crops, unless the
the participants differently.
(5) the method of compensation must be agreed within 60 days of the filing of the written invitation
a beneficiary, if the claim has not been satisfied previously. With the consent of
an authorized person is possible commitments to tackle even after this date.
(6) If no agreement on compensation referred to in paragraph 5, shall decide on the
on a proposal for reimbursing the Court.
PART THREE
§ 17
Land funds
(1) real property owned by the State referred to in § 1 (1). 1 manage
legal persons established by the laws of the Czech National Council and the Slovak national
Council (hereinafter referred to as "land funds), with the exception of land,
and) on which is located the cemetery
(b)) which are intended for the defense of the State, ^ 14)
(c)) that are specified by a decision of land use for the extraction of minerals, ^ 15)
d) protected under the specific legislation. ^ 16)
(2) where this Act provides otherwise, the flow through the land funds when
transfer of immovable property to the State in accordance with the specific legislation. ^ 17) To
the approval of the privatisation of the project or in accordance with it can land
Fund immovable property put into use to other people.
(3) real property owned by the State, which was not within the time limit referred to
in section 13 of the claimed on the release, the land Office transfer
and the ownership of the beneficiaries) to satisfy their right to
compensation under section 14 to 16 or section 20,
(b)) on the real estate price for shareholders and other conditions
valid for purchasers of State assets transferred the Land Fund
to natural persons in the procedure pursuant to Act No. 92/1991 Coll., on conditions for
the transfer of assets to other persons, as subsequently amended,
provided for under the price regulations existing on the date of transfer,
(c)) on the person in urgent cases, which, according to the approved building
documentation to carry out the construction,
(d) Exchange for other property),
(e) to the purchaser from the approved) the privatisation project if the land
referred to in § 1 (1). 1 of this Act have been from the privatization project
excluded before its approval and cannot be used as land replacement.
(4) if the property owned by the State are interested in more physical
people, the procedure under paragraph 2 the existing users and
on self-employed farmers. Of the other candidates are precedence
persons permanently resident in the municipality in which the cadastral territory are
real estate.
(5) in case of doubt about whether this is the immovable property to which the
subject to this Act, the competent central authorities of State administration
of the Republic.
section 18
(1) if the owner of the property is not known, it is entitled to ownership of the Office
give the real estate to use appropriate candidates; consideration for this use is
the income of the Fund until such time as the owner of the exercise their right to this
real estate.
(2) if the owner of the rights to real estate, land Office denounced
a contract with a charterer to 1. October of the current year with a one-year notice
period, unless otherwise agreed by the owner of the otherwise.
§ 18a
(1) the authority shall provide the compensation Land to the beneficiaries, in cases where
is a required person village, region, or State. Provided by the municipality to pay before
effect of this Act, the person shall provide the required compensation land
the Office. Nevertheless, the authority may take over the obligations of the obliged entities to provide
compensation according to § 14 to 16 and section 20, where the person is a mandatory State Enterprise
or legal person, whose founder is the State, in this case, when
prior to privatization or liquidation of the legal person are not these claims
have been dealt with.
(2) compensation consists in the provision of real estate, with land Office
the farm, or in the provision of cash in the amount prescribed by the
a special regulation, where appropriate, in the ^ 13 c) securities that do not have
the nature of the Government bonds.
§ 19
Land consolidation
(1) By modifications are changes in the arrangement of land in a particular
the territory made in order to create a soil comprehensive economic
units according to the needs of individual landowners and with their consent
and according to the requirements of society on the creation of the landscape, of the
environment and the investment construction.
(2) on the implementation of land consolidation and in this context on the Exchange or
the transition of ownership rights, border land or on the establishment,
where appropriate, the cancellation of the easement to the land shall be decided by
a land registry office on the basis of the agreement of the owners. In the case that the owners of the
agree, decisions of the land Office, under the conditions laid down by law.
The decision of the Office shall examine the proposal from the land of the participant by the Court.
(3) the procedure for adjusting the land laws of national councils.
PART FOUR
Specific, transitional and final provisions
section 20
Replacement of the living and the dead inventory
(1) to ensure the operation of agricultural or forest production has the original
the owner of the living and the dead, as well as the inventory of stocks right on their
compensation, if it is introduced into the agricultural cooperative or have been withdrawn,
or otherwise transferred free of charge in the period from 25. February 1948 to 1. January
1990. He died if the original owner or if it was presumed dead, has
the right to demand compensation to ensure the operation of agricultural production more
an authorized person referred to in section 4, paragraph 4. 2.
(2) the obligation to provide a refund under paragraph 1 is a legal person,
that these things took over, or its legal successor, within 60
days, unless the parties otherwise. In the case that this legal
person has paid the State the value of the living and the dead inventory and supplies, has
the right to reimbursement of the amount paid as compensation to the State;
This claim may be submitted to the competent central authority of State administration
States within 60 days starting from the granting of the refund. If you cannot determine the
the legal entity that things took over, or its legal successor
or if the legal person has ceased to exist, will provide compensation according to the
paragraph 1, the land Office in the manner specified in section 18a of para. 2.
(3) compensation shall be granted in cases of the same or a comparable kind,
quality and in adequate amounts taken over part of the property to ensure
the operation of agricultural or forest production; If possible, provide the
compensation services for the security of agricultural production, or share
the assets of the legal person referred to in paragraph 2, up to the value of
price has withdrawn the cases in the the effective date of this Act, or a replacement
in a different form. From the prescribed refund minus the replacement for live and dead
inventory and stock, to be paid before the effective date of this Act.
In the absence of agreement, shall, on application by the Court.
(4) in the event that the property is not in the use of legal persons under
paragraph 2, which is to provide compensation in accordance with paragraph 1, it may
the person entitled to claim compensation from the entity and State-live
the dead inventory to ensure agricultural production without the restrictions laid down in
paragraph 3.
(5) the right to compensation shall be extinguished if not exercised within the time limits referred to in
§ 13. Depends if the right to compensation for the decision of the Office or land
Court, ends with the expiry of six months from the date of final
decision.
(6) the Government of the United Kingdom and the Government of the Slovak Republic shall determine the method
the calculation of the amount of the refund for the cases referred to in paragraph 1 for the case where you cannot
demonstrate the withdrawal or, in the case of these things or you cannot determine the
present value.
(7) the decision of the Ministry of Agriculture of the Czech Republic on the destination
the obliged entity pursuant to Act No. 243/1992 Coll., as amended by Act No. 441/1992
Coll., is claiming under this Act, are not covered by
the time limit referred to in paragraph 5.
section 21
If the beneficiaries more and are entitled to apply only some of
of them, the whole thing to them.
§ 21a
(1) the administrative fees associated with the issuance and exchange of real estate and
by providing refunds, is furnished.
(2) the persons entitled to the claimant of his rights under this Act against the
mandatory person is exempt from court fees. Shall be exempt from
court fees is also the person petitioning their rights under section 8.
(3) Necessary costs associated with the valuation of goods, parcels and identification
the assessment of the land shall be borne by the State.
section 22
Disappearance of certain rights
(1) the effective date of this Act, cease this rights to assets
referred to in § 1 (1). 1:
and cooperative use of the law) a joint land owners who
are not members of agricultural cooperatives, ^ 18)
(b)) and another land use right to agricultural property in order to ensure the production,
^ 19)
c) users to ensure forest production and other functions of the forest, ^ 20)
(d) the right to the free use of the ponds), ^ 21)
(e)) the right of permanent use property owned by the State, ^ 22)
(f) the right of management to real estate) owned by the State. ^ 23)
(2) if there were no between the current user and the owner of the agricultural
the land to the other agreement, the effective date of this Act, or on the date on
When the site was referred to in part II of this Act issued, among them
the lease, which can be terminated on 1. October of the current year. Notice
the period shall be one year, unless otherwise agreed. In the case that
the person entitled to be issued or buildings and also provided
compensation under this Act, the period of notice for termination not given
tenant finish before such claims; In 1991-1993
owners may terminate the lease at 1. October by notice delivered
not later than one month before that date. After the acquisition of legal power
the decision of the land to the authority for approval of the agreement on the issue of real estate
or the decision on the ownership of the beneficiaries to the property may
the owner may terminate the rent this property to 1. October testimony
delivered not later than one month before that date.
(3) If on the land based on spatial decision established by kid z
or the cottage settlement located on the lot or kid z or instant messaging
the settlement, which existed before 1. October 1976, ends with the notice period
the day should have been terminated the right to temporary use of the land. In the case of
permanent use of the land and the temporary use of indefinite duration,
notice period ended on 24 February 2001. June 1991. The tenant has the right to
the extension of the lease for a further 10 years, up to the year 2001,
unless the parties otherwise. The lessee has an option to purchase for the duration of the lease
the right to the land. The amount of annual rent for these lands is 10% of
land price, derived from bonitovaných soil-ecological units
issued by Decree of the Ministry of agriculture for the purposes of the tax
real estate.
(4) if the land use of the breeding station of permanent
culture belonging to the necessary plant gene pool or use the
the land use of the breeding station exclusively to produce new
landraces, ^ 23a) cannot, in the period of notice of termination issued by
owner, end up before it reached the purpose for which the land was
taken on 1 January. February 1992.
(5) the owner of land referred to in paragraphs 3 and 4 shall have the right, within three years
ask the Land Fund for replacement of this land for another parcel in
the ownership of the State. To replace the land shall be provided within a reasonable area and
quality as was the site of the original, and, if possible, in the same
cadastral territory.
(6) the tenant is entitled to use the land in accordance with its intended use according to
regulations on registration of real estate. With used real estate is obliged to
treat with due diligence and to return after the end of the lease of the building and
the building in a State corresponding to normal wear and tear.
(7) where the owner of the building on the property owned by the other legal
the person who ensures agricultural production, or construction of the property
State, and if the owner of the land has unsettled claims for provision of
refunds under this Act or in the issue of the ownership interest according to the law
No 42/1992 Coll., of at least 50% of the price of the building against the owner
construction, may, on application of the landowner to decide on the transfer of the Court
construction of the owner of the land. The owner of the building has in this case, the right to
to compensation in the amount by which the cost of construction ^ 13a) exceeds the claims
the owner of the land. If a landowner does not make use of this right,
and) replace the Land Fund on a proposal from the owner of its land for another
a plot of land owned by the State; in this case, the owner of the building shall pay the
the price of land to its land fund, or
(b) on a proposal to sell the owner) the built-up land owner of the building or
construction, or
c) at the request of the owner will lease built-up land owner of the building or
construction without the possibility of dismissal. The lessee has an option to purchase this
a plot of land.
(8) if there were no between the current user and the owner of the property, with
the exception of agricultural land, to the other agreement, the effective date of this
Act or the date when the property referred to in part II of this Act
released, among them the lease, which can at any time terminate.
The notice period is three months. The notice period will commence on the first day
the month following the delivery of the notice.
(9) the time limit referred to in paragraph 6, begins to run from the effective date of this Act.
The proposal referred to in paragraph 8 may be made no later than 31 December 2006. December 1996 and may
do so by the authorized person referred to in section 13(2). 5.
Article 23 of the
(1) the right to compensation under the provisions of § 14 and 16 is also the owner of the House
or farm buildings that have been removed or discarded at the time of
the use of the organizations under the specific legislation. ^ 24) in the event that this
the building has removed or having other legal entity than the State has
the owner of the right to financial compensation in respect of this legal entity, if
agree to another method of compensation.
(2) a person Liable to provide compensation is a legal entity, that
the building uses the last used it before or deleting it,
leaving or returning to the owner.
(3) in the event that the owner has obtained the property allocation from the State, it is
obliged to pay State arrears allocation rates. Its amount is determined by
Regional Office. To the adoption of arrears shall be empowered the Ministry of agriculture
Of the Czech Republic.
section 24
Compensation for permanent crops
(1) cancelled
(2) if the land or part thereof, that has to be terminated
rent, was, at the date of the use of permanent vegetation and if the
This land is not at the time of termination of the lease cost comparable permanent
the vegetation, belongs to the owner of the land compensation for permanent crop of
the difference between the price of permanent vegetation that was in on the plot
the time of use, and the price of permanent vegetation that is on
a plot of land located at the moment of termination of the lease.
(3) if the land or part thereof, that has to be terminated
rent, was, at the date of the use of permanent vegetation and if the
This land is not at the time of termination of the lease, no lasting belongs
owner of the land compensation for permanent crop equal to the price of permanent
the crop species, which are found on the property on the date of use.
(4) if the forest land on which the lease has to be terminated,
He was, at the date of use of the forest, the lessee shall reforest
This plot of land at its own expense, within a period laid down by the law) and ^ 13b
dopěstovat les to secured culture, unless the participants otherwise.
From the compensation for the permanent vegetation according to paragraph 3, there shall be deducted the price secured by
culture.
(5) if the land or part thereof, that has to be terminated
rent, not on the date of use of permanent vegetation and if the
This plot of land is at the time of termination of the lease permanent vegetation with the exception of the forest,
belongs to the tenant compensation for permanent crop equal to the price of permanent vegetation,
that is on the land located at the moment of termination of the lease.
(6) if the land or part thereof, that has to be terminated
rent, was, at the date of the use of permanent vegetation and if the
This plot of land is at the time of termination of the lease cost valuable permanent vegetation
with the exception of the forest belongs to the tenant compensation for permanent crop of
the difference between the price of permanent vegetation that the land was to
date of use, and the price of permanent vegetation that is on the land
located at the moment of termination of the lease.
(7) if the land owner is obliged, at the termination of the lease according to § 22
provide the tenant compensation for permanent vegetation according to paragraphs 5 and 6, is on the
the will of the owner, whether it will take over the land and pay compensation for the permanent vegetation
or whether the requests the exchange of land for other land owned by the State;
in this case, proceed according to section 11 (1) 2 or pursuant to section 11a,
unless the parties otherwise.
(8) the prices shall be determined according to the rules in force at the date of price 24. June
1991.
(9) if the owner of the permanent stands, State compensation in accordance with paragraphs 5 and
6 do not provide.
The rights of owners and users of buildings and land
§ 25
(1) the owner shall enter into the rights and obligations of the lessor, resulting from the
the agreement on the surrender of and acceptance of the apartment, from the lease of the land or of the contract of
the lease of non-residential premises in the inherited property. If the contract is
concluded for a definite period, changes with the change of landlord on contract
closed for an indefinite period.
(2) Existing users of housing, land and commercial space in the
the transferred real estate that is used
and) the activities of diplomatic and consular missions,
(b)) the provision of health and social services,
(c)) education,
(d) physical and cultural) operation of the device,
e) employment rehabilitation and employment of disabled people, have
the claim against the owner of the conclusion of the agreement on the use of the apartment, land or
the lease of non-residential premises. In such cases, the owner of the agreement
terminate at the earliest after the expiry of 10 years from the effective date of this Act,
unless otherwise agreed by the parties; This commitment is inherited by all
other owners at that time.
(3) the provisions of paragraph 2 shall not apply to the land school goods,
secondary agricultural schools and universities. In these cases, it may
owner, withdraw from the agreement on the lease of the land first to 1. October 1995.
(4) unless the amount of the rent and the conditions of its payment by the owner
with the user of the apartment, land or commercial space referred to in paragraph
2, shall decide on the amount of rent, the competent municipal office municipality with extended
powers, the municipality of hl. the city of Prague and the city councils of cities of Brno, Ostrava and
Plzeň under generally applicable price laws.
§ 25a
For the regional office, the Municipal Council of the municipality with extended
application of Prague City Hall or city Brno, magistrátům
Ostrava and Plzeň under this Act are performance by.
section 26
(1) cancelled
(2) at the request of the owner of a residential building belonging to the farms
taken within three years, the competent authority shall revoke the right to use the apartment or
decides about his eviction, if the owner needs for yourself and
people close to the performance of agricultural production.
(3) the time limit referred to in paragraph 2 begins to run from the effective date of this Act,
for an authorized person referred to in § 13 para. 5.
section 27 of the
(1) the user of a flat, non-residential premises, building or construction, which in
accordance with the building regulations made at his own expense adjustments, which
the flat, non-residential premises, building or structure, shall be entitled to assess the
to pay the assessment, if the right of use to him.
(2) if the apartment, commercial space, building or construction at the date of
the end user rights scrapped more than the normal
wear and tear, the user is obliged to pay to the owner of the premises
flat, non-residential premises, buildings, or the construction of a replacement for this
the write-down.
(3) Compensation shall be determined according to the price on the date of completion of the regulations
rights of use.
section 28
Mandatory person cannot apply to the beneficiary against any financial
or other claims related to the given things. Also authorized
the person to whom a case has been issued against the person required to apply
other claims related to the issuance of things than are listed in this
the Act.
section 28a
Unless this Act provides otherwise, provide compensation under this
the law in force at the date prices 24. June 1991, in the Affairs of the immovable
in accordance with Decree No 182/1988 Coll., as amended by Decree No 316/1990
Coll., and in the case of movable assets in the balance sheet accounting prices for movables
with zero net price in the amount of 10% of the purchase price.
§ 28b
(1) if there is a transfer of the ownership to immovable property according to the laws of the
agricultural co-operatives and the implementing regulations or by Government
Regulation No. 15/1959 Coll., and this change has not been registered in the land registry
books or on the title deed to the competent centers geodesy,
the owner of such real property to the person who was 24. June 1991
registered as the owner in the land registry.
(2) the absence of a transfer of the ownership to the buyer because it has not been
additional consent or consent the Ministry of agriculture pursuant to §
13 of Act No. 46/1948 Coll., shall be deemed the original owner of the buyer,
If he proves that the purchase contract have taken place and on its basis
the purchase price has been paid, and if the property did not proceed on the basis of
of this Act to other persons concerned.
section 29
cancelled
section 30
For the procedure under part II of this Act shall be for the property referred to in section 1 of the
paragraph. 1 the assets that have been at the time of withdrawal of the reservation of title
used for such purposes.
section 31
The provisions of section 20 of part two, and cannot be used for cases in which the case was
obtained at the time of oppression the persons State, or as a result of the impact of the
racial persecution.
§ 32
Special provisions on land reforms
(1) from the effective date of this Act shall not apply the provisions of law No.
215/1919 SB., on preventing large property of the land, as amended by
amended, law no 143/1947, Coll., on the revision of the first land
reform, as amended, and Act No. 46/1948 Coll., on new
the land reform.
(2) in a moment of transition to a State or another legal entity the procedure
According to law No. 143/1947 Coll. shall be the date of actual receipt
real estate by the State or other legal body.
§ 33
cancelled
§ 33a
Settlement of claims
(1) any claim for compensation under this Act and claims on
the release of the share pursuant to Act No. 42/1992 Coll. (hereinafter referred to as "the Act") are
claims that can be contractually transferred to another person (hereinafter referred to as
"claims"). The transferee has the status of an authorized person under this
the law and according to the law.
(2) a person Required under this Act or its legal successor,
the exception of the State enterprise, a transformed team or legal entity
arising under the Act (hereinafter referred to as "the debtor") shall be obliged to draw up an inventory of the
of all things, or things in its ownership of the files, with the exception of
real estate, which was entitled to issue under this Act,
including their awards in the balance sheet accounting prices; for things with a zero
the book value, the price shall be equal to 20% of the purchase price. Furthermore, it is
required to allow persons entitled to compensation under this
law or of persons that have the right to issue shares pursuant to
law, or persons to whom such authorized persons have transferred these claims
(hereinafter referred to as the "lender"), access to this list.
(3) the claims of the same creditor against the debtor can be added. Lenders
their claims may congregate.
section 33b
Committees of authorized persons
If within 30 days from the expiry of the deadline for the takeover of land in the
ownership of the creditor or other beneficiaries to the agreement on the settlement of
the claims of the debtor, may establish a Committee for their settlement (hereinafter
as "the Committee"). Members of the Committee are the creditors who did after the
the deadline for the takeover of land in the possession of the creditor or other authorized
the person to the settlement of claims, and beneficiaries with the securities deposits
or the debtor's shares. Representation of both groups must be the same.
§ 33 c
The procedure for the settlement of claims
(1) the Committee addresses individual cases of settlement of claims either on the basis of
Agreement, or in the event that agreement cannot be achieved, by auction,
whose participants are creditors who provide agricultural production, and
the borrower (the "auction"). The method of publication and sale
determined by the Government, by regulation, issued within 30 days of the effectiveness of this
the law.
(2) individual cases shall be handled by the Committee on the basis of requests
the lenders. The application submitted must be settled within 30 days of its submission
either the agreement or the announcement of the auction.
§ 34
Regulation (EEC)
Are deleted;
1. Act No. 123/1975 Coll., on the use of land and other agricultural property
to ensure the production, as amended by law No 95/1988 Coll. and Act No 114/1990
SB.
2. section 12 to 19 of Act No. 61/1977 Col., on forests,
3. section 4 of Act No 99/1963 Coll., on fisheries,
4. § 50 para. 2, 4 and 5, and section 51 of Act No. 162/1990 Coll., on the farm
co-operatives,
5. Act SNR No. 81/1949 Coll. SNR, adjusting legal conditions
pastvinářského property of the former urbariátníků, komposesorátů or similar
legal services,
6. Act SNR No. 2/1958 Coll. SNR, adjusting the relationships and management
jointly used forests, komposesorátů and former urbariátníků
similar formations.
§ 35
The effectiveness of the
This Act shall take effect on the date of publication.
Selected provisions of the novel
Čl.VI Act No. 253/2003 Coll.
Transitional provision
If the decision of the Land Office has the power or right to
the transfer was filed before the effective date of this Act, the time limit for conversion
the plot ends on 31 December. December 10, 2005.
Čl.VI Act No. 182/2006 Coll.
Transitional provision
For the land, which shall not be issued under this Act and for which cannot be
to provide another piece of land belongs to cash compensation, if the right to
another plot of land before the effective date of this Act pursuant to section 13 paragraph disappear. 6
or before the entry into force of this Act, the deadline for the transfer of
other land under art. VI of Act No. 253/2003 Coll. Written call for
the granting of financial compensation must be delivered to the Land Fund
not later than 6 months from the date of entry into force of this law, otherwise
the right to compensation shall lapse. Compensation for the Land Fund shall provide by
three years from the receipt of the written invitation.
Article. (II) Act No. 75/2012 Sb.
Transitional provisions
1. The provisions of § 13 para. 8 (a). (b)) of the Act No. 229/1991 Coll., on the adjustment of
the ownership of land and other agricultural property as amended by
This law, also applies to the transfer of rights between a competent person
or its heir, to whom the right to land under section 11 (1)
2 of the Act No. 229/1991 Coll., as amended by Act No. 182/1993 Coll., on the side of the
one, and relatives in the ascending line, husband, partner or sibling
on the other hand, by no later than the effective date of this Act.
2. The provisions of article. VI of Act No. 253/2003 Coll., amending Act No.
95/1999 Coll., on conditions for the transfer of agricultural and forest land from
State ownership to other persons and amending Act No. 569/1991 Coll., on the
Plot of the Czech Republic, as amended, and
Act No. 357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations, as amended by Act No. 253/2001
Coll., and some other laws, does not apply to
and beneficiaries), the right to land under section 11
paragraph. 2 of this Act, as amended by Act No. 182/1993 Coll., and her heirs,
(b) a relative in the ascending line), husband, partner or sibling of the person
referred to in point (a)), the right provided for in § 11 (1) 2 of this
the Act, as amended by Act No. 182/1993 Coll., converts.
section 27 of Act No. 503/2012 Sb.
Transitional provisions
(1) the right to use land according to § 2 (2). 1 in addition to the owner of the other
persons on the basis of contracts concluded after the date of entry into force of this Act
with the land registry office, unless otherwise provided by law.
(2) the privileges and responsibilities of the Land Fund as set out in section 17 of Act No.
229/1991 Coll., as amended, from the date of entry into force of
This Act in this range carries out land Office.
1) § 1 of law No 53/1966 Coll., on the protection of agricultural land resources in
amended by Act No. 75/1976 Sb.
2) section 2 of the Act No. 61/1977 Col., on forests.
3) § 46 of Act No. 162/1990 Coll., on agricultural co-operatives.
5) Act No. 119/1990 Coll., on the judicial rehabilitation as amended by Act No.
47/1991.
Law No. 87/1991 Coll. on extra-judicial rehabilitation.
5A) for example. Law No 169/1949 Coll. on military újezdech.
6) § 2 (2). 2 of law No. 87/1991.
7) § 2 (2). 3 the first sentence of the Act No. 87/1991.
8) Eg. Act No. 49/1959 Coll. on the unified agricultural cooperatives,
Act No. 122/1975 Coll., on the agricultural co-operatives.
9) Eg. Regulation No 26 šrobár/1948 Coll. SNR, which is
regulates the exemption of the agricultural property of the Hungarian community of persons
confiscation.
9A) Regulation SNR No. 33/1945 SB., about the punishment of fascist SNR
criminals, traitors and collaborators of invaders and on the establishment of the people's
the judiciary, as amended.
9B) section 119 of the civil code.
9 c) § 1 (1). 2 (a). (b)) Decree No. 85/1976 Coll., on the more detailed editing
territorial management and building code, as amended.
9 d) section 2 of Decree No. 85/1976 Sb.
9E) section 3 of Decree No. 85/1976 Sb.
10) § 52-58 of Decree No 83/1976 Coll., on general technical
requirements for the construction, as amended by Decree No. 45/1979 Sb.
10A) § 2 (2). 10 Act No 569/1991 Coll., on the plot of the Czech
Republic, as amended.
11) § 8 of law No 169/1949 Coll. on military újezdech.
12) articles 6 and 7 of Act No. 44/1988 Coll., on the protection and utilization of mineral resource
wealth (the top of the law).
13) Act No. 40/1956 Coll., on State nature protection, as amended
regulations.
Act SNR No. 1/1955 Coll. SNR, the State nature protection, as amended by
amended.
13A) Decree No 182/1988 Coll., on prices of buildings, land, Permanent
stands for the establishment of rights, share personal land use and compensation
for the temporary use of the land, as amended by Decree No 316/1990 Coll.
13B) section 139a of the Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as amended.
13 c), for example, section 5 of law No 95/1999 Coll., on conditions for the transfer of
agricultural and forest lands from State ownership to other persons and
Amendment of the Act No. 569/1991 Coll., on the plot of the Czech Republic, in the
as amended, and Act No. 357/1992 Coll., on income tax, inheritance
the gift tax and real estate transfer tax, as amended
regulations.
§ 2 (2). 7 of Act No. 569/1991 Coll., as amended.
Article. (II) Act No. 206/2002 Coll., amending Act No 61/1988 Coll., on
mining activities, explosives and the State Mining Administration, as amended by
amended, as amended by Act No 150/2003 Coll.
section 20 of Act No. 44/1988 Coll., on the protection and utilization of mineral resources
(Act), as amended.
Article. (IV) Act No. 150/2003 Coll., amending Act No 291/2002 Coll., on
the transition of certain other things, rights and obligations of the Czech Republic
regions and municipalities, civil associations working in the field of physical education and sport
and related changes and amending Act No. 157/2000 Coll., on the transition
some of the things, rights and obligations of the assets of the United States, as amended by
Act No. 10/2001 Coll., and Act No. 20/1966 Coll., on the health care of the people,
as amended, and certain other laws.
13D) Law No 95/1999 Coll., as amended.
14) § 8 of law No 169/1949 Coll.
15) Act No. 44/1988 Coll.
§ 32 Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as amended.
§ 10 para. 2 Decree No. 85/1976 Sb.
16) § 2, 4 and 5 of law No. 20/1987 Coll. on State care monument.
§ 2, 4 and 5 of the Act SNR No. 27/1987 Coll. on State care monument.
§ 5 and 6 of law No 40/1956 Coll., as amended.
sections 7 and 8 of the Act SNR No. 1/SNR 1955 Coll., as amended.
17) Act No. 92/1991 Coll., on conditions for the transfer of property to the State on the other
of the person.
18) section 46 of the Act No. 162/1990 Coll.
19) section 1 of the Act No. 123/1975 Coll., on the use of land and other agricultural
assets to ensure the production, as amended.
20) section 12 of Act No. 61/1977 Sb.
21) § 4 of law No 102/1963 Coll., on the fishing industry.
22) section 70 of the economic code.
23) section 64 of the economic code.
23A) Act No. 283/1991 Coll., on land and land
offices, as amended.
23 c) Decree of the Ministry of Agriculture of the Czech Republic No. 616/1992 Coll.,
laying down the list of areas with assigned average
land prices, arable land, plantations, vineyards, gardens, orchards, meadows and
grassland soil organic bonitovaných-derived units.
24) for example, Act No. 123/1975 Coll., as amended,
Act No. 61/1977 Sb.
25) § 247 et seq.. Act No. 99/1963 Coll.