On The Transition Of Some Of The Things From The Assets Of The Czech Republic To The Ownership Of Municipalities

Original Language Title: o přechodu některých věcí z majetku ČR do vlastnictví obcí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39175&nr=172~2F1991~20Sb.&ft=txt

172/1991.



LAW



The Czech National Council



of 24 July 2003. April 1991



on the transition of some of the things from the assets of the Czech Republic to the ownership of municipalities



Change: 485/1991.



Modified: 10/1993.



Change: 114/2000 Sb.



Change: 277/2002 Sb.



Change: 320/2002 Coll.



Change: 173/2009 Sb.



Change: 257/Sb.



The Czech National Council decided on the following Act:



§ 1



(1) the property of municipalities, the effective date of this Act are switching things from

the ownership of the Czech Republic, which on 23 July. November 1990

on the right of economic management to the national committees, whose rights and obligations

were transferred to the village of ^ 1), and in the capital city of Prague, the ^ 2)

^ 3) in the towns and in the capital city of Prague is also a city district with these things

the effective date of this Act, each.



(2) the ownership of the municipalities of the effective date of this Act shall pass on

things from the ownership of the Czech Republic, with which it began the village and in the main

City of Prague City District also run after 23. November 1990 in a way

a similar law, if you treat them at the date of each

the effectiveness of this Act.



(3) the provisions of paragraphs 1 and 2 shall not apply to the case, which served to

performance of the tasks of small establishments of national committees.



§ 2



(1) the property of municipalities, the effective date of this Act shall pass



and) undeveloped land,



b) land built-up buildings owned by natural persons



(c) the land forming the building) with the construction of a functional unit,



d) land built-up structures in transition to ownership of municipalities according to the

paragraphs 4 and 5,

that the municipality owned at the date of 31. in December 1949, when in the

the ownership of the Czech Republic and transferred to the ownership of municipalities pursuant to §

1.



(2) for the purposes of this Act are for built-up land shall be considered as



and construction) land forming a functional unit,



(b)), from which it was on the basis of a final building permit

started with the building.



(3) if the legal successor of the defunct village after 31. December 1949 only

the municipality straddles the thing in its possession. If it is, successors in more

pass a thing into their mutual ownership equally.



(4) if the property of the municipality owned at 31. December 1949

do not cross into the ownership of any municipality pursuant to paragraph 1, since this

the municipality ceased to exist, then these are switching, and this, together with the buildings referred to in

paragraph 5, to the ownership of the municipalities whose territory on 1 January. July 2000

These properties make up. ^ 3a) is located in the land register

the territory of the municipality area which constitutes only part of the original estate, passes into the

the ownership of the village only this part.



(5) together with the real estate property referred to in paragraph 1 shall pass into the ownership of the

municipalities on 1 January 2000. July 2000, building roads, small structures

for performance of the functions of the forest, to the exercise of the right of hunting or to protect

permanent crops, small structures: equipment and small structures

lesotechnických amelioration in period 1. January 1950 to 24.

May 1991 built on land owned by the municipality of 31.

in December 1949, or move to the municipality under section 2a of this Act, if

at the date of 1. in July 2000, the ownership of the Czech Republic.



§ 2a



(1) the property of municipalities on 1 January 2000. July 2000, moving and real estate

listed in section 2 (2). 1 (b). a) to (d))



and municipalities were allocated as) přídělcům by decision of the competent national

on the allocation of authority issued pursuant to Presidential Decree No. 12/1945

Coll. or Presidential Decree No. 108/1945 Coll. or decree

President of the Republic No. 28/1945 Coll., or have been issued by municipalities

Act No. 143/1947, Coll., on the revision of the first agrarian reform, or according to the

Act No. 46/1948 Coll., on new land reform (permanent adjustment

ownership of agricultural and forest land),



(b)) have been approved by the competent national authority for a municipality as the allocator allocates the

the rationing plan in accordance with Presidential Decree No. 12/1945 Coll.,



If they are owned by the United States and transferred to the ownership of the

municipalities under section 1 or section 2.



(2) real property referred to in paragraph 1 shall pass into the ownership of municipalities without

regardless of that, the relevant decisions on allocation or allocation plan

were issued after 31 December 2006. December 1949, or for their issue at all.



(3) community reveal the existence of the allocation referred to in paragraph 1, in particular,



and clousarr's ration place), issued by the Charter suggesting the village or to the competent national

the Committee exerted on the territory of the community,



(b) approved the allocation plan) or



(c) the approved allocation plan graphics).



(4) If you cannot prove to the documents of the allocation referred to in paragraph 3, shall be deemed to

for proof of the allocation to the competent national authority Charter drawn up with

an indication of the number of the allocation decisions, it is clear from the

the scope of the allocation and the allocator allocates.



(5) the provisions of § 2 (2). 4 and 5 will be used for the property referred to in

paragraph 1 shall apply mutatis mutandis.



Section 2b



(1) the property of municipalities, the effective date of this Act further

pass the property referred to in § 2 (2). 1 (b). a) to (d)), which are

owned by the United States and which at the date of 31. December 1949 were in

ownership of forest cooperatives whose shareholders on the date of their disposal

they were exclusively of the village.



(2) the municipality shall pass to the ownership and real property referred to in § 2 (2). 1

(a). a) to (d)), which are owned by the United States and that were

municipalities or associations of municipalities allocated forest in the manner specified in § 2a

paragraph. 1. The provisions of § 2a para. 2, 3 and 4 shall apply mutatis mutandis.



(3) the property referred to in paragraphs 1 and 2 passes into ownership of

municipalities in the shares, which were the property of forest cooperatives to the date of its

liquidation. If you cannot determine the size of the shares, it is considered that they are

the same.



(4) If a municipality that was part owner in a forest cooperative, after the date of its

disposal ceased to exist, its share of the municipality, which is the legal

the successor to the defunct village. If the successors more, passes its

proportion to their ownership equally. If there is no

the successor village, passes the property equally in ownership

other municipalities that were shareholders in the same forest to the cooperative at the date of its

liquidation.



(5) the property of municipalities do not cross land built up after the date of liquidation

cooperative buildings owned by natural or legal persons,

including land built-up land forms a single functional unit,

with the exception of forest roads and and.



section 2 c



(1) on January 1. January 2014 pass for the fulfilment of the conditions set out below in

the ownership of immovable property that municipalities



and) community owned on the date of 31. December 1949



(b) on the date) were 24. May 1991 in the ownership of the Czech and Slovak

Federal Republic,



(c)) are owned by the United States on the date of submission of the request of the municipality in accordance with

paragraph 4,



(d)) to the effective date of this Act, is not on the territory of the

military újezdů ^ 3 p),



(e)) is not at least in part in the Sub-50 metres from the border

The United States and



(f) a list of its approved) by resolution of the Government of the Czech Republic.



(2) at the same time with nemovitými the things referred to in paragraph 1 shall pass to the

ownership of the municipalities and their accessories.



(3) the provisions of § 2 (2). 3-5 applies to immovable property referred to in

paragraph 1 shall apply mutatis mutandis.



(4) the request for the inclusion of immovable property to a list referred to in paragraph 1 (b).

(f) the appropriate municipality for) the relevant organizational units of the State, or

Government organizations no later than 31 December 2006. March 2013. Applications shall be filed

After this deadline will not be taken into account. All the applications received is

the relevant organisational unit of the State shall be required to submit to the Government of the United

the Republic until 31 December 2006. July 2013, including the recommendation that the immovable property to the

the list referred to in paragraph 1 (b). (f)) to include or not.



(5) the request of the municipality must include identification of the immovable property concerned according to the

the status of the land register on the date of submission of the application and proof of ownership

the village of 31. in December 1949, or legal succession of the village.

The request contrary to these requirements will be returned to the village with the reasons therefor,

for which the application is deemed defective.



(6) if it is needed to process the request, the competent

the land registry office of the relevant municipality, State or public organizational folder

the Organization free of charge to the relevant data from the land registry, and in the case of

needs identification of plots shall be drawn up, or other document, which will be

indicate which of the today's parcels immovable thing that is the subject of

request, or part of it is touching.



(7) the submission of the application shall not confer the right to municipalities to include immovable property to the

the list referred to in paragraph 1 (b). (f)). the Government, in particular, to the list of returned

immovable property that the State continue to be strictly necessary for the performance of their

functions or in connection with the performance of their functions or for the performance of their

the obligations arising from international law.



(8) the resolution referred to in paragraph 1 (b). (f) the Government) will take on the basis of proposals

the relevant organizational units of the State or government organizations

no later than 30 June 2005. September 2013.



(9) if it is necessary to fulfil the functions of the organizational units of the State, or

State Organization, then to the immovable property, which is inherited ownership of the

the municipality referred to in paragraph 1, shall set up, free of charge, to the extent necessary

the right to appropriate factual proof. The right to appropriate factual proof


shall be established by contract the application of organizational units of the State or State

the organization. The request must be presented not later than one year from the

the ownership of the village.



section 2d



(1) the competent State or the State of the Organization will provide

for the land, which will be included in the list referred to in paragraph 2 c of paragraph 1. 1 (b).

(f)), the establishment and the focus of land and the development of geometric plans.



(2) an integral part of the list under section 2 c of paragraph 1. 1 (b). (f)) will be in

the case of land which must be displayed to the cadastral maps, link to

the geometric plan ^ 3 c).



§ 3



(1) the property of municipalities, the effective date of this Act shall pass House

^ 4) houses and land that make up a functional unit with them, provided they meet the

the following conditions:



and) are in their cadastral areas,



(b)) are owned by the United States,



(c)) the right management to them belong to organisations, for which the district

authorities, municipalities and in the capital city of Prague to the town the function

their founder or the power to establish, manage and cancel or modify these

Organization, ^ 5)



(d) ownership of) do not cross the municipality under section 2.



(2) the provisions of § 1 (1). 3 the things referred to in paragraph 1 shall not apply.



(3) the property of municipalities, the effective date of this Act shall pass from the

the ownership of the United States a comprehensive housing construction objects

under construction as of December 31. December 1992 and land forming with them a functional

a whole, including the rights and obligations associated with them, provided they meet the

the conditions referred to in paragraph 1 (b). and), and their investors were, at the date

the effectiveness of this law, the district authorities, the capital city of Prague or the city

Brno, Plzeň and Ostrava.



(4) the property of the municipality in whose territory they are located, the effective date of

This Act pass things from the ownership of the Czech Republic, which the

the effective date of this Act on the right of economic management organizations

ensuring the investment activities of the comprehensive housing construction,

If the district authorities, the city of Prague and the city of Brno, Plzeň and

Ostrava has entered the power to establish, manage and cancel or modify these organizations,

If you do not pass into the possession of the municipality in accordance with § 2 or § 3 (1). 1

up to 3.



§ 4



(1) the property of municipalities do not cross these things from the ownership of the Czech

States:



and) land that was established right of personal use of a ^ 6) and land,

that have been allocated for this purpose,



b) immovable property with accessories that have been in continuous use

Communist Party of Czechoslovakia, and on 1 January 2007. June 1990 have been

withdrawn, ^ 7)



c) immovable property which, at the date of application of this

Act in a persistent use of the non-State Organization, ^ 8) unless it is a matter

referred to in § 2.



(2) the ownership of the municipalities do not cross also things from the ownership of the Czech

States that the release of the person entitled to claim under the

special prescription. ^ 9)



(3) from the effective date of this law pertain to matters referred to in

paragraph 1 the right to management of the district offices and in the capital city of Prague

The Ministry of Finance of the Czech Republic.



§ 5



cancelled



§ 6



cancelled



§ 7



cancelled



§ 8



(1) if the right of ownership, which the municipality passed under section 1, 2, 2a or

Section 2b of this Act, have not yet been entered in the land register, is a municipality

required by 31 March. March 2013 to apply the proposal to the cadastral

Office, or bring an action for the determination of property rights in court.

If the municipality fails to fulfil this obligation, it shall be considered day 1. April 2013

the day of the ownership to the State.



(2) ownership of the communes acquired pursuant to section 2 c, to the cadastre

real estate on the basis of an affirmative statement writes the appropriate

organizational units of the State or the State of the Organization and the community.

The Declaration will be an integral part of the corresponding reference to the relevant

resolution of the Government and for the land that must be viewed in the land registry

maps, the geometric plan.



§ 9



cancelled



§ 10



This Act shall take effect on the date of publication.



Burešová v.r.



Pithart v.r.



1) § 68 para. the Czech National Council Act No. 367/1990 Coll., on municipalities

(municipal establishment).



2) § 3 (1). 3 the Czech National Council Act No. 367/1990 Coll., on municipalities

(municipal establishment).



3) § 37 para. the Czech National Council Act No. 418/1990 Coll., on the main

the city of Prague.



3A) to section 1 (1). 2 Act No. 367/1990 Coll., on municipalities (municipal establishment). § 2

paragraph. 5 of law no 344/1992 Coll., on the land register of the Czech Republic

(Act), as amended by law No. 89/1996 Coll.



3B) section 30 of Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic,

in the wording of later regulations.



3 c) section 19 of the Act No. 344/1992 Sb.



4) section 59 paragraph 1. 1 of law No 41/1964 Coll. on the management of flats.



5) § 67 of the Czech National Council Act No. 367/1990 Coll., on municipalities (municipal

the establishment). section 36 of the Act of the Czech National Council No. 418/1990 Coll., on the main

the city of Prague.



6) § 198 et seq.. of the civil code.



7) Regulation of the Government of the Czech and Slovak Federative Republic No. 212/1990

Coll., on withdrawal of the immovable property of the State in a persistent use of the Communist

Party of Czechoslovakia.



8) section 70 of the economic code. § 10 the Federal Decree of the Ministry of

Finance No 119/1988 Coll., on management of national assets, as amended by

amended.



9) Eg. Law No. 87/1991 Coll. on extra-judicial rehabilitation, law No.

403/1990 Coll. on the mitigation of certain property injustices.



11) Law No 22/1964 Coll., on registration of real estate.