The Law On Expropriation

Original Language Title: zákon o vyvlastnění

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62550&nr=184~2F2006~20Sb.&ft=txt

184/2006 Sb.



LAW



of 14 June. March 2006



the withdrawal or restriction of ownership rights to the land or to construct



(the law on expropriation)



Change: 167/2012 Sb.



Change: 405/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



GENERAL PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the conditions



and the withdrawal or limitation) of ownership or rights of the corresponding

factual proof to the land or to build and transition of ownership

or the acquisition of the rights of the relevant factual proof to this land or

construction for the purpose of the expropriation as provided for by a special law,



(b) the grant of a refund for withdrawal), or the restriction of ownership rights or

the law of the relevant factual proof to the land or to construct,



(c) a deprivation or limitation of) the termination of ownership rights, or the rights

the relevant factual proof to the land or to construct and return

These rights of their previous holders.



(2) Expropriation expropriation proceedings and modified by specific laws,

^ 1 rules) are not affected by this law.



§ 2



The basic concepts



For the purposes of this Act, means the



and the withdrawal or restriction of expropriation) ownership of or rights

the relevant factual proof to the land or to build in order to achieve

the purpose of the expropriation as provided for by a special law,



(b)) vyvlastňovaným the person who is the owner of the land or vyvlastňovaného

construction or who has the right to appropriate factual proof; If it has been

the ownership right to the building or the land covered by the expropriation relates,

transferred to ensure compliance with the undertaking ^ 4), it is also vyvlastňovaným

the mandatory conversion of the retaining the rights, to ensure its commitment

ownership transferred to the beneficiary,



(c)) vyvlastnitelem the one who seeks him passed the ownership

the right to vyvlastňovanému the land or the building, so that in his favour was to

land or building established an easement or that to them was cancelled

or restricted the right of vyvlastňovaného the relevant factual proof,



(d) the procedure for expropriation proceedings) the withdrawal or restriction of ownership

law or the law of the relevant factual proof to the land or to

construction on the transition of ownership or of the acquisition of rights

the relevant factual proof to that land or building and

the provision of compensation for the deprivation or restriction of ownership rights or rights

the relevant factual proof to the land or to construct,



(e)) by the lender of the one who has the debt secured by mortgage

the law of the land or the construction of the vyvlastňovaném,



(f)) podzástavním the lender who has the claim secured by stopping

claims secured by a lien on the land or vyvlastňovaném

the construction,



g) ownership also co-ownership more owners,



h) lease also digs.



PART THE SECOND



THE CONDITIONS OF THE EXPROPRIATION



§ 3



(1) the expropriation is permissible only for the purpose of the expropriation of fixed

special law and only if the public interest in achieving this purpose

preserving the past outweighs the rights of vyvlastňovaného. The expropriation

It is not permissible, if possible, the rights to the land or the construction necessary for

the realization of the purpose of the expropriation to obtain the agreement or in any other way.



(2) monitors the implementation of a compulsory purchase order to changes in use or in the

spatial arrangement of the territory, including the placement of buildings and their

changes in ^ 2), can be performed only if it is in accordance with the objectives and tasks of the

land-use planning.



§ 4



(1) the expropriation can be carried out only to the extent that is necessary to

the purpose of the expropriation as provided for by a special law.



(2) the public interest on the expropriation must be proved in an

the proceedings.



(3) if it is not possible to land, building, or part thereof, where appropriate, the right to

the relevant factual proof to enjoy without vyvlastňovaného land, buildings

or their parts or easement, either at all or only with unfair

difficulties, can extend the expropriation, if vyvlastňovaný

request, even though it is not necessary to achieve the purpose.



§ 5



(1) the expropriation is permissible, if the vyvlastniteli failed in

period of 90 days to conclude a contract for the acquisition of rights to the land or to construct

needed for the realization of the purpose of the expropriation as provided for by law. The time limit

to the conclusion of the contract with the vyvlastňovaným begins to run on the day following

the delivery of the proposal on the conclusion of the contract "^ 3") vyvlastňovanému.



(2) the proposal for a treaty is obliged to submit vyvlastnitel



and) expert opinion, according to which suggested vyvlastňovanému price for

obtain the necessary rights to the land or the building, and



(b) information about the purpose of expropriation), specific intent, which cannot be

take place without obtaining the necessary rights to the land or to build from

vyvlastňovaného, with a warning that in the absence of the contract is

can be in the public interest to get these rights of expropriation.



(3) if the subject of the contract is part of the plot, is an integral part of the

the draft Treaty geometric plan this portion of land defining.



(4) a contract for the acquisition of the necessary rights to the land or to construct according to the

paragraph 1 shall establish the right vyvlastňovaného on the return of the transferred

rights, if not initiated implementation of the purpose of the conversion within 3 years from the

the conclusion of the contract.



(5) compliance with the conditions referred to in paragraph 1 shall not be required,



and vyvlastňovaný) if not known, it is not known if his residence or

If he failed to deliver on a known address, or



(b)) is limited in the vyvlastňovaný of freedom of contract law,

decision of the Court or by another public authority, which

He was forbidden to transfer title to the land or to build on

someone else.



(6) if the land or building in the co-ownership and vyvlastňovaného

vyvlastnitele, you can execute only if the expropriation, the purpose of the expropriation

cannot be achieved by deleting this joint ownership.



PART THE THIRD



THE RIGHTS OF THIRD PERSONS



§ 6



Expropriation of the deprivation of ownership rights to the land or to

the construction of the lapse all rights of third persons to land or vyvlastněnému

the building, unless otherwise provided. ".



section 7 of the



(1) the right to lease an apartment, commercial space, construction or land

expropriation shall not cease.



(2) a landlord may terminate the rental expropriation of the flat, non-residential

the space of the building or land in addition to the reasons listed in the Special

the law ^ 5) also if their use prevents the further

the purpose of the expropriation. The right of the tenant to pay the housing under the Special

the law ^ 6) shall not be affected.



§ 8



Expropriation easements do not disappear, for which the public interest requires,

After the expropriation of the land or the building continue to be burdened.



§ 9



cancelled



PART THE FOURTH



COMPENSATION WHEN EXPROPRIATION



§ 10



(1) the compensation for the expropriation of the vyvlastňovanému belongs to the



and) of the usual price ^ 7) land or buildings, including their

Accessories, if the deprivation of ownership rights to them, or



(b)) of the prices of the corresponding rights of factual proof ^ 8), if the

restriction of ownership rights to the land or the construction of the establishment of the factual

the burden or if the withdrawal or restriction of the rights of the corresponding

factual proof.



(2) in addition to the refunds referred to in paragraph 1 also belongs to the vyvlastňovanému

reimbursement of removal expenses, costs associated with the change of the place of

business and other similar costs that vyvlastňovaný efficiently

make as a result of and in connection with the expropriation.



(3) the Compensation referred to in paragraphs 1 and 2 shall be fixed in such a way and in such

the amount of the assets to meet the injury, which will take effect at vyvlastňovaného

as a result of the expropriation.



(4) if the refund on the basis of the valuation, the valuation must be

carried out according to the value of the effective regulation at the time of deciding on the

the expropriation. In the event that the MSRP ^ 7) land or buildings would have been

lower than the price determined in accordance with the value of the code is

vyvlastňovanému compensation in the amount of the prices recorded in accordance with the value

the prescription.



(5) the price of the land or buildings for the purposes of determining the refund determined always

According to their actual status and the purpose of the use of the date of filing of the application for

the expropriation; Meanwhile, the information shall be disregarded their appreciation or

depreciation in connection with the proposed purpose of the expropriation.



§ 11



Instead of the refund as referred to in section 10, paragraph 1. 1 (a). and vyvlastňovanému)

will provide another piece of land or building, agreed to it with the

vyvlastnitelem; the right to compensate the difference in price vyvlastněného of the land

and the replacement of the land or buildings or structures shall not be affected.



§ 12



Cease to exist if the easement encumbering the expropriation of the land or building,

It belongs to the creditor of the easement compensation in the amount of the price of the

^ Law 8).



section 13



(1) the Compensation referred to in section 10 and 12 is vyvlastnitel must provide the

in one lump sum in cash, within the time limit laid down in the decision

the expropriation.



(2) if the person entitled to compensation is not known, it is not known

her residence is in arrears or ^ 9), the lodging of vyvlastnitel compensation in the

the time limit referred to in paragraph 1 to the custody court ^ 10).



(3) if the beneficiary Died and if it is not possible to pay in the course of the

an inheritance to pay administrators or heirs, inheritance and lodge it
vyvlastnitel in the time limit laid down in the court competent for the consideration of the

heritage or at the Court of the Commissioner delegated to perform acts in the proceedings on the

Heritage after the deceased beneficiary.



§ 14



(1) Vyvlastnitel provide vyvlastňovanému designated by the compensation in full,

stick to the vyvlastňovaném the land or the construction of rights in rem, that

expropriation shall cease and if you do not have to be from his compensation pledge

the creditor, the creditor or authorized podzástavnímu of locking

the transfer of rights has not yet settled the outstanding receivables. Vyvlastnitel

provide specified legitimate compensation of easement

expropriation, always separately.



(2) the Slack on the land or the construction of rights in rem, that expropriation

cease to exist, and have to be paid out of the compensation for vyvlastňovaného

the pledge to the lender, the lender or creditor of the podzástavnímu

hedge outstanding receivables transfer yet, expropriation

the Office shall decide on compensation for vyvlastňovaného and determines what part of this

vyvlastnitel will provide the refund referred to persons on the basis of submitted

agreement on the distribution of compensation with officially certified signatures of the Contracting Parties,

otherwise, saves the vyvlastniteli fold compensation into custody court ^ 10 ^ 19)), in

the area is the land or the building.



(3) to the extent provided in paragraph 2, vyvlastnitel

be exempted from their obligations to the vyvlastňovanému.



PART THE FIFTH



EXPROPRIATION PROCEEDINGS



§ 15



Expropriation Bureau



(1) the Expropriation expropriation proceedings which is



and) Municipal Office municipality with extended competence ^ 11),



(b)) of the Prague City Hall,



(c)), the magistrate of the city of Chartered.



(2) the Municipal Council of the capital Prague and the City Government of territorial

Chartered city cannot remit vyvlastňovacího Office

pass the Statute on urban or urban districts.



(3) the scope of the expropriation under this Act shall be exercised by the authorities as a

devolved competence.



section 16 of the



The jurisdiction of the



(1) to the vyvlastňovacímu control is the competent authority, in which the expropriation

the area (territory) is a plot of land or a building, which

expropriation relates.



(2) if the land or buildings in which the expropriation relates, in

the area (territory) of two or more vyvlastňovacích offices, shall decide

the closest together superior administrative authority resolution, which of them

expropriation proceedings.



(3) if it is vyvlastnitelem, vyvlastňovaným or another participant

vyvlastňovacího management of a municipality, the municipal authority is responsible for this

vyvlastňovacímu control, regional Office of the resolution entrusts the different

expropriation authority operating in his area, making

vyvlastňovacího control. Similarly, even if that participant

vyvlastňovacího management is a person, whose founder is a municipality or County.



(4) if it is vyvlastnitelem, vyvlastňovaným or another participant

vyvlastňovacího management of the capital city of Prague and the relevant to this

vyvlastňovacímu management of the Prague City Hall, the Central

administrative authority in matters of expropriation ^ 12) the resolution entrusts the different

expropriation authority performing the vyvlastňovacího control.



(5) if it is vyvlastnitelem, vyvlastňovaným or another participant

vyvlastňovacího management of the region, whose regional office is the competent appeal

administrative authority, the central administrative authority in matters of expropriation ^ 12)

designate by order of the appeal proceedings the Board of appeal other

authority.



§ 17



The participants in the proceedings



(1) participants in proceedings are vyvlastňovacího vyvlastnitel, vyvlastňovaný,

pledgee creditor, podzástavní and the legitimate rights of the

the relevant factual proof váznoucímu on the land or the building, which

expropriation relates.



(2) if the right of ownership to the building or the land covered by the

expropriation relates is transferred to ensure compliance with the undertaking ^ 4), is

participant of the vyvlastňovacího control also authorised from this hedge

the transfer of rights.



(3) if the land or structure to which the expropriation relates, subject to

neskončeného inheritance, or died, where one of the participants

vyvlastňovacího of the proceedings referred to in paragraph 1 or 2, are the participants of the

vyvlastňovacího Control Manager heritage or does not belong to the

assets to the heirs of the testator, heritage management, where appropriate, State if it is to

his inheritance fall under special legislation ^ 13).



(4) participants who are not known, whose stay is not known or which

failed to deliver on a known address, the authority shall establish an expropriation

guardian.



section 18



Initiation of proceedings



(1) the Expropriation proceedings may be initiated only at the request of vyvlastnitele.



(2) the application for the initiation of the procedure must contain, in addition to vyvlastňovacího

the formalities laid down by a special legal regulation 14) ^ ^



and designation of land or buildings), which concerns the expropriation, and rights

váznoucích third parties to them,



(b) the proof of facts) showing that the conditions have been met

for expropriation (section 3-5)



(c)), an indication of what eminent domain is vyvlastnitel,



(d)), in an indication of the period within which and the manner in which vyvlastnitel begins

the implementation of the purpose of the expropriation.



(3) the application vyvlastnitel joins



and the land registry map) mapping of land and buildings designed to

the expropriation, the situations of other maps that

be expressed graphically legal relations to property in cases where those

relations have not been marked in the cadastral map; It is proposed to

expropriate part of the plot, also connects a geometric plan in three

copy,



(b)) requires the planning decision, if his extradition for the purpose of the expropriation

special legal předpis2) and not to the construction authority, which is issued,

at the same time an Office,



(c) the documents demonstrating compliance with the terms and conditions) the expropriation referred to in section 5,

including a declaration that within a specified period with vyvlastniteli

Unable to obtain the agreement of the necessary rights to the land or to construct,



(d)) an expert has been fitted under section 20 (2). 1 the first sentence,

that in the case of fixing of the refund in accordance with section 10, paragraph 1. 1 (a). and) contains

the usual price and the price recorded by the effective value of the code to

date of submission of the application; § 10 (1). 5 shall apply mutatis mutandis,



(e)) an expert has been fitted under section 20 (2). 1 the first sentence,

that in the case of a refund under section 12 contains the amount of the refund for the

beneficiary of the defunct easement by prescription the value

effective on the date of submission of the application,



(f) an agreement on the distribution of vyvlastňovaného) refunds to those who

vyvlastňovaném of the land or the construction of the slack material rights of the company

If the expropriation was closed prior to the application, and vyvlastnitel

has this agreement available.



§ 19



Procedure in proceedings



(1) on the initiation of expropriation proceedings shall inform the Office of the vyvlastňovacího

In addition to the parties to the proceedings in writing whether or not the appropriate land registry office. About

instituted expropriation proceedings writes the land registry office for the land

Czech Republic real estate note, if a property that is

registered in it.



(2) Awareness is delivered in accordance with paragraph 1, the parties in their

your own hands.



(3) after delivery of the awareness of the initiation of the proceedings shall not vyvlastňovacího

vyvlastňovaný dispose of land or a building which the expropriation

concerns, convert them, rented or otherwise encumber. Legal acts, which

vyvlastňovaný violates this obligation, are invalid; This does not apply in

the case of the contracts concluded with the vyvlastnitelem. When expropriation is

apply contractual or statutory pre-emptive rights to the vyvlastňovanému of the land

or construction. This effect must be instructed in awareness of vyvlastňovaný

about the initiation of the proceeding.



(4) the limitations referred to in paragraph 3 is vyvlastnitel to provide

vyvlastňovanému compensation in the amount of proven injury caused by this restriction.



section 20



Expert opinion



(1) the refund shall be made out on the basis of the expert's report on the

the request of the vyvlastňovaného, or at the request of an expert opinion drawn up by the

vyvlastnitele, if the vyvlastňovaný agreement.

Unless a copy of the expert opinion at the request of vyvlastňovaného and

or vyvlastnitele, the replacement on the basis of the expert opinion

set up an Office.



(2) Vyvlastňovaný and everyone who uses the land or construction of any of the

the rule of reason or without a legal reason, is obliged to provide the experts

the Office set up an inspection of land or buildings

needed to draw up the report, if proven to be expert

announced for the tour at least 3 weeks in advance.



(3) to comply with the obligation referred to in paragraph 2 of the vyvlastňovaný, the expert

shall draw up a report based on data that can be otherwise. Vyvlastňovaný in

this case cannot raise objections against the awards referred to in

studies report.



(4) the costs associated with the preparation of the expert shall be borne by

vyvlastnitel.



section 21



Obligations of the vyvlastňovaného



(1) to pay the costs referred to in section 10, paragraph 1. 2, and their amount is required to

show vyvlastňovaný, and even through the expert

the instruments at his request.
(2) the provisions of § 20. 4 apply here mutatis mutandis.



section 22



Oral proceedings



(1) oral proceedings shall order the expropriation authority so that it were

Parties to the proceedings and other persons whose presence is necessary, contact

at least 30 days before the date of the review.



(2) the objection against the expropriation and the evidence to prove they can be

applied the latest in oral proceedings; to later cited objections

and the evidence to be taken into account. About this effect, participants must be advised in

awareness about the initiation of the vyvlastňovacího control.



(3) the deadline referred to in paragraph 2 cannot be waived.



section 23



Interruption and termination of the proceeding



(1) the Expropriation authority breaks the expropriation proceedings, if the same

land, building, or the material burden is already in the other expropriation

proceedings, up until the previously initiated proceedings to a final

completed.



(2) Expropriation expropriation proceedings, the Office will stop if



and already in another) expropriation proceedings been taken on

expropriation on the same plot of land, building, or the material proof way,

that excludes perform the proposed expropriation,



(b)) in the course of proceedings, there was an agreement on the acquisition of rights to the land or the construction

needed to carry out the purpose of the expropriation.



(3) against a decision terminating the proceedings issued by vyvlastňovacího

paragraph 2 (a). (b)) could not be appealed.



(4) if the authority Stops expropriation expropriation proceedings by reason of the

withdrawal of the application, it is required to replace vyvlastnitel vyvlastňovanému

damage and injury, which he suffered in connection with the submission of the application,

unless the damage or other injury occurred otherwise.



(5) if the subject of the expropriation of the property registered in the cadastre

real estate, the Office shall notify the expropriation proceedings to stop vyvlastňovacího

the cadastral authority to cancel the note immediately after the acquisition of the legal

the decision on the termination of the proceeding.



The decision of the



section 24



(1) unless the proceedings demonstrated that the conditions are met for

expropriation expropriation, it shall reject the request vyvlastnitele authority. If

the subject of expropriation of property registered in the cadastre of real estates,

expropriation shall notify the Office of the rejection of the application to the cadastral authority to

the cancellation immediately after acquisition notes the decision of the

the rejection of the application for expropriation. The provisions of § 23 paragraph. 4 the obligations

vyvlastnitele replace the vyvlastňovanému damage, or other injury, which he

was established in connection with the submission of the application, shall apply mutatis mutandis.



(2) if the expropriation authority concluded that the conditions for the expropriation

are satisfied, decides to separate statements about the expropriation of rights to land

or to construction and on compensation for expropriation.



(3) statements about the expropriation of rights to the land or to the construction of the expropriation

the Office of the



and) decide to



1. the revocation or restriction of the rights of the relevant factual proof to the land

or for the construction, which the expropriation relates, or



2. the restriction of ownership rights to the land or to the establishment of the factual

the burden in favor of vyvlastnitele and define its contents, or



3. the deprivation of ownership rights to land or vyvlastňovaného to build and

about his transition to the vyvlastnitele,



(b)) Decides, if required by the public interest, that the rights associated with the

land, building or part of a compulsory purchase order nezaniknou,



(c)) shall determine the period within which it is obliged to initiate the implementation of the vyvlastnitel

the purpose of the expropriation; period may not be longer than 2 years from the legal power

decision.



(4) statements about compensation for expropriation expropriation authority



and fixed the amount of the refund for) vyvlastňovaného, as well as for the beneficiary of the

easement, whose rights of expropriation, and saves the

vyvlastniteli, to give them the compensation paid within a time limit which shall not be longer

than 60 days of the decision,



(b)) If an agreement under section 11 shall be determined by what the land or building

passes into ownership of the vyvlastňovaného, where appropriate, shall decide whether or not to

the difference in the price of the vyvlastněného settlement of the land or the construction and replacement

land or buildings according to the value of the prescription effective in time

the expropriation, including the time limit for the grant of the performance, which shall not be longer

than 60 days of the decision,



(c) determine what amount) of the compensation for vyvlastňovaného is vyvlastnitel

required to provide the pledge creditors, creditors or podzástavnímu

authorized transfer of the retaining the rights to remuneration payable

secured claims, if the agreement has been submitted, otherwise the deposit

vyvlastniteli, to compensation for the expropriation of folded into custody for

the competent court ^ 19),



d) saves the vyvlastniteli to replace vyvlastňovanému by incurred

the cost of the copy of the expert's report, and determine the time

must not be longer than 60 days from the decision.



§ 25



(1) decision issued pursuant to section 23 and 24 cannot announce an oral announcement.



(2) Timely filed and admissible appeal against one of the sayings

under section 24, paragraph. 3 has a suspensory effect on the other statements of the decision.

Suspensive effect of such appeals cannot be ruled out. Timely filed, and

the appeal admissible against only one of the leading statements, pursuant to section 24 of the

paragraph. 4, does not have a suspensory effect on the other statements of the decision.



(3) Vyvlastnitel will pay fixed compensation, where appropriate, vyvlastňovanému

third parties, within 60 days of final statements about the expropriation; replacement

may be lodged with the Court of ^ 19) in the event that the beneficiary of the refund

vyvlastniteli does not provide the necessary synergies.



(4) the appeal authority may not appeal to change the opinion of refund

against vyvlastňovaného or third parties. If the RES

refund increased, vyvlastnitel parallels the difference within 30

days of the decision.



(5) the final decision on expropriation expropriation shall send to the Office of the

the registration in the land register to the competent authority together with the cadastral

notice about which real rights to real property expropriated by the

registered in the cadastre disappeared under section 6.



(6) the period specified under section 24, paragraph. 3 (b). (c) the expropriation authority may)

extend the vyvlastnitele upon request submitted before expiry,

and that's only in cases worthy of special attention, just once, and not more than

the next 2 years.



PART SIX



THE CANCELLATION OF THE EXPROPRIATION



section 26



(1) failed to pay the compensation for the expropriation of the vyvlastnitel vyvlastňovanému

until the expiry of 30 days from the date of expiry of the period specified under section 24 regards paragraph 1. 4

(a). or (b))) or if vyvlastnitel has commenced implementation of the purpose

the expropriation within the time specified under section 24, paragraph. 3 (b). (c)), or

extended pursuant to § 25 paragraph. 6, or if before the expiry of the

This period, cancelled or expired territorial decision identifying

the use of land or buildings for the purpose, the authority shall at the request of expropriation

vyvlastňovaného decides that carried out the expropriation shall be deleted.



(2) the rights which have been withdrawn or limited, vyvlastňovanému

vyvlastňovaný again takes the date of the decision issued by the

of paragraph 1. Effects associated with the expropriation that occurred under section 6 and section

7. 2, however, remain intact.



(3) the Vyvlastňovaný shall, within 1 month of the decision

issued in accordance with paragraph 1, return vyvlastniteli refunds paid off

under section 10 (1). 1; under section 10 (1). 2 in the amount of which has not been

vyvlastňovaným actually spent. Was granted to vyvlastňovanému

the compensation referred to in section 11, the date of the decision issued by the

paragraph 1 provided another plot of land or the building back to the ownership of the

vyvlastnitele.



section 27 of the



If the expropriation procedure according to § 26 paragraph. 1 is

vyvlastnitel obliged to replace the vyvlastňovanému damage and other harm, which

He was in the context of the compulsory purchase order, unless the damage or other

the injury occurred otherwise.



PART SEVEN



DISCUSS EXPROPRIATION IN THE PROCEEDINGS BEFORE THE COURT



section 28



(1) the Statement referred to in section 24, paragraph. 3 can be examined in proceedings relating to an action against the

decision of the administrative authority. Statement pursuant to section 24, paragraph. 4 can be discussed in the

civil proceedings ^ 15); competent in the first instance is the regional

the Court.



(2) the action which the party requests that the statement referred to in section 24, paragraph.

4 was discussed in the civil proceedings 15, ^) must be filed in the

period of 30 days from the decision vyvlastňovacího of the authority; default judgment

This period cannot be waived. Clearing the statement under section 24, paragraph. 3 shall cease to

the validity of the statement under section 24 and paragraph. 4.



(3) the Court, when determining the amount of the refund shall take into account all the circumstances, so that the

came to the fair compensation. In justified cases the amount

higher taking into account the extraordinary properties of the vyvlastňovaného land

or construction, where appropriate, to the extraordinary circumstances of the case. In addition to refunds

referred to in section 10 for the expropriation of the vyvlastňovanému can be used to provide



and a maximum of) the amount of 40% of the price fixed under section 10, paragraph 1. 1

(a). ) and section 10(4). 4 and 5 for the mitigation of the hardness of the expropriation,

taking into account both the length of the ownership of the land or the construction of more than 15 years from the

acquisition against payment,



(b) to a maximum of) the amount of 10% of the price fixed under section 10, paragraph 1. 1

(a). ) and section 10(4). 4 and 5 in the case of the position of the land or buildings in the

a built-up area,
(c) a maximum of) the amount of 10% of the price fixed under section 10, paragraph 1. 1

(a). ) and section 10(4). 4 and 5 in the case of the position of the land or buildings in the

the territory of special architectural value, where appropriate, special

historical value, or



(d) the maximum amount of) the amount of 20% of the price fixed under section 10, paragraph 1. 1

(a). ) and section 10(4). 4 and 5 in the case of the importance of the land or buildings for

business activity.



(4) the action brought on vyvlastňovaným against under section 24, paragraph. 3 (b).

and) shall have suspensive effect.



PART EIGHT



COMMON, TRANSITIONAL AND FINAL PROVISIONS



section 29



The provisions of the administrative procedure for the delivery of a public Decree ^ 17) cannot be

use in proceedings under this Act, with the exception of service unknown

participants or participants of unknown residence or registered office.



section 30



Unless otherwise provided in this Act, the procedure in civil proceedings

in matters of expropriation in accordance with the civil procedure code ^ 18).



section 30a



(1) for the performance of the use under this law the administrative authorities

from basic population register these reference data:



and last name)



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death or the day that survived, and

date of entry into force of this decision.



(2) for the performance of the use under this law the administrative authorities of the

the information system of the population register of the following particulars:



and, where applicable, names) the name, surname, maiden name,



(b) the date of birth),



(c) District of birth) place and, in the case of birth abroad instead, and the State,



(d) the address of the place of residence), including previous address space

permanent residence, and the address to which they are to be delivered

documents under special legislation,



(e) a waiver or limitation of eligibility) to legal capacity,



(f)) of the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred,



g) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, or as a day that didn't survive.



(3) for the performance of the use under this law the administrative authorities of the

information system of aliens, the following information:



and, where applicable, names) the name, surname,



(b) the date of birth),



(c)) instead, and the State where the alien was born; in the event that the alien

He was born on the territory of the Czech Republic, place and County of birth,



(d)) the kind and address of the place of residence on the territory of the Czech Republic,



(e) a waiver or limitation of eligibility) to legal capacity,



(f)) of the date, place and County of death; in the case of deaths outside the territory of the Czech

of the Republic, the State on whose territory the death occurred, or the date of death,



g) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, or as a day that didn't survive.



(4) the information referred to in paragraphs 1 to 3 may be used in a particular case always

only such data as are necessary to accomplish a given task. Data,

that are kept as reference data in the base the population register,

to make use of the information system of the population register or the information

of foreigners only if they are in the shape of the preceding the current

status.



section 31



Applications for the expropriation, on which the proceedings were initiated before the date of

the effectiveness of this Act and has not yet been completed, the

discuss and decide in accordance with the legislation effective from the date of acquisition

the effectiveness of this Act. The obligation to vyvlastnitele under section 5 (3). 1

do everything for that vyvlastňovanému was for a period of at least 6 months

I know the purpose of the expropriation established by a special law, shall not apply.



§ 32



Is hereby repealed Decree No. 122/1984 Coll., on compensation for expropriation

buildings, land, crops and the rights to them.



PART NINE



The EFFECTIVENESS of the



section 33



This law shall enter into force on 1 January 2005. January 1, 2007.



Zaorálek in r.



Paroubek in r.



Selected provisions of the novel



Article. (II) Law No 405/2012 Sb.



Transitional provisions



1. The application for expropriation, on which the proceedings were initiated before the date of

the entry into force of this Act and has not yet been completed, the

discuss and decide according to the law no 184/2006 Coll., as amended effective

to the date of entry into force of this Act.



2. the proceedings in expropriation matters discussed in the civil

the proceedings that were initiated before the date of entry into force of this Act, and

have not yet been completed, shall be completed by law No. 184/2006

Coll., as amended, effective the date of the entry into force of this law.



1), for example, Act No. 222/1999 Coll., on ensuring the defence of the Czech

Republic, as amended.



2) Law No. 183/2006 Coll. on territorial planning and building regulations

(the building Act).



3) section 43 to 46 of the civil code.



4) § 553 BGB.



5) of section 711 of the civil code.



6) section 712 of the civil code.



7) § 2 (2). 1 Act No. 151/1997 Coll., on the valuation of assets and the change in the

Some laws (law on valuation).



8) section 18 of Act No. 151/1997 Coll.



9) § 522 of the civil code.



10) § 185a to 185h of the judicial code.



11) Law No. 314/2002 Coll., on the establishment of municipalities, charged with municipal authority

and the establishment of municipalities with extended powers, as amended by Act No 387/2004

SB.



12) section 14 of Act No. 2/1969 Coll., on establishment of ministries and other

the central authorities of the State administration of the Czech Republic, as amended

regulations.



13) § 462 of the civil code.



section 45, paragraph 14). 1 of the administrative code.



15) section 244 to 250t code of civil procedure.



16) Act No. 500/2004 Coll., the administrative procedure code.



17) section 25 of the administrative code.



18) Act No 99/1963 Coll., the civil procedure code, as amended

regulations.



19) § 185f are inserted code of civil procedure.