About The Confiscation And Distribution Of Agricultural Property Of Germans And Collaborators

Original Language Title: o konfiskaci a rozdělení zemědělského majetku Němců a kolaborantů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=11693&nr=12~2F1945~20Sb.II&ft=txt

12/1945 Coll.

Decree of the President of the Republic

of 21 June 1999. June 1945

on confiscation and accelerated distribution of agricultural property of Germans, Hungarians,

as well as traitors and enemies of the Czech and Slovak nation

Starting to meet the call of Czech and Slovak peasants and landless after

consistent implementation of the new land reform and led the effort to especially

once and for all to take the Czech and Slovak lands from the hands of alien

the German and Hungarian farmers, as well as from the hands of the traitors of the Republic and

credit it to the hands of the Czech and Slovak peasants and landless, to design

the Government establishes:

§ 1

(1) with immediate effect and without a refund shall be confiscated for the purpose of

land reform, agricultural property, which is owned by:

and all the people and German) of the Hungarian nationality, regardless of


(b) the traitors and enemies of the Republic) of any nationality and State

jurisdiction, projevivších this hostility in particular crises and wars in

between 1938 and 1945,

c) equity and other companies and corporations whose management deliberately and

deliberately served the German warfare or the fascist and Nazi


(2) persons of German and Hungarian ethnicity, which actively participated in

the struggle for maintaining the integrity and the liberation of Czechoslovakia,

agricultural assets referred to in paragraph 1 nekonfiskuje.

(3) if it can be připustiti the exception referred to in paragraph 2, it shall decide, on a proposal

the peasant, the Commission, the competent District National Committee. Doubtful

cases to the provincial district shall submit to the National Committee, the National Committee, which

is your dobrozdáním forward to the final decision of the Ministry of

Agriculture, which will decide in agreement with the Minister of the Interior.

§ 2

(1) for the person's nationality the German or Hungarian is the call of the person

that in any census since 1929, made themselves known to the German

or Hungarian nationality or have become members of the national groups or

bodies, or membership of political parties, the Hungarian or German


(2) exemptions from the provisions of paragraph 1 shall be determined in a special decree.

§ 3

(1) for the traitors and enemies of the Czechoslovak Republic call is:

and) persons who collectively or individually developed activities aimed at

against the national sovereignty, independence, integrity,

Democratic-Republican form of Government, security and defense

Czechoslovak Republic, which to encourage such activity, or other

the person looked svésti and deliberately and actively support any way

the German and Hungarian occupying forces,

(b)) of legal persons are those whose management deliberately and actively served

German or Hungarian warfare or the fascist and Nazi


(2) as to whether the fysická or legal person falls under the provisions of the

paragraph 1, point (a). and), (b)), decided by the regional National Committee, in whose

place where the property is situated, in accordance with the proposal of the competent district

the National Committee. Doubtful cases shall submit to the National Committee for

the final decision of the Ministry of agriculture, which shall decide in agreement

with the Ministry of the Interior.

§ 4

Agricultural assets (section 1, paragraph 1) is, according to agricultural and forest

the land belonging to it, the buildings and equipment, agricultural industry,

serving its own agricultural and forestry, as well as movable

accessories (alive and dead inventory), and all the rights that are

associated with the possession of confiscated assets or a part thereof.

§ 5

(1) if the agricultural assets confiscated in accordance with § 1, in the lease (leasing)

deleted all of the rental (pachtovní) of the Treaty. However, if the lessee

(leaseholder) the person entitled to the allocation of land (article 7, para. 1), the

be left to the existing use by the end of the marketing year. If it is not

leasehold (pachtovaný) agricultural assets for any reason

granted, the lessee shall pay (sharecropper) rent (rent) to the national

its Land Fund (art. 6, para. 1). If the confiscation of prejudice to the physical characteristics

or legal entities that do not fall under § 3, it shall provide them with national

compensation for the Land Fund of the National Committee on a proposal from the local ordinary

costs and investments.

(2) the rights and obligations of patronage, the drains on farm owners,

confiscated pursuant to section 1 shall be abolished on the date of confiscation. In cases of

Special consideration of the National Land Fund will provide a refund.

(3) the question of debts and claims, váznoucích on the confiscated possessions (§

1), will resolve a government regulation. Salaries, pensions, taxes, and other normal Edition

shall be borne by the National Manager for the time being.

§ 6

(1) Agricultural assets confiscated in accordance with § 1, manages up to

commit přídělcům the National Land Fund in the Ministry of

Agriculture, which is hereby set up. The Government instructs the soul statute

This Fund.

(2) the Continuous forest cover in the area of 50 ha, confiscated pursuant to § 1,

will take over the State. If confiscated forest area is not possible in spojiti

a single unit of State forest land, and if they do not exceed 100 ha,

surrender is the National Land Fund to the competent national Committee.

§ 7

(1) Of the agricultural property, managed by the National Land Fund,

It will land in the ownership of the přidělovati people of Slavic nationality:

and deputátníkovi and agricultural worker) in the area of up to 8 ha of arable

or up to 12 ha of agricultural land due to its credit standing,

(b) in the area of supplementary malozemědělci) it still owned land

assets within a maximum of 8 hectares of arable or up to 12 ha of agricultural land because of

to its credit standing,

(c)) mnohočlenné agricultural family in the area of complementary it yet

owned land assets not more than 10 ha of arable or up to 1 ha

agricultural land due to its credit standing,

d) municipalities and counties to public purposes,

e) construction, agricultural and other cooperatives, composed of authorized

applicants (a). a), b), c), and (f)),

(f)), the workers, the public and private employees and maloživnostníkům for

construction of your own house or garden on the device in the area of not more than

0.5 ha.

(2) in okresích with the vast majority of the population of German nationality,

If no candidates of the Czech or any other Slavic nationality, qualified

referred to in paragraph 1, point (a). a) to (f)), the soil in the management of the national

the Land Fund for the needs of the internal settlement.

(3) forest land to 50 ha, respectively. to 100 ha (art. 6, para. 2)

přiděliti municipalities and forest cooperatives. This land is subject to State supervision.

(4) the building, equipment Confiscated, serving its own agricultural or

forestry, agricultural industry, of, památnosti,

Archives, etc., as well as all of the confiscated property, unless they are

allocated to public bodies, the přiděliti to the property:

and cooperatives, formed from) the eligible applicants for the purpose of the joint


b) exceptionally, individuals (přídělcům), referred to in paragraph 1 (b). and)


(5) about whether the confiscated assets shall be allocated to cooperatives or

individuals shall be decided by analogy with § 9.

(6) the priority right to allocation to persons organising ceremonial events and

worthy in the nationally-all fight, in particular soldiers and partisans,

former political prisoners and deported and their family members as well as

the legal heirs, as well as the peasants war damage. Priority right

is properly prokázati.

§ 8

Zciziti, pronajmouti, or zatížiti property, is attributed to pursuant to section 7, the

only with the previous approval of the National Land Fund.

§ 9

(1) when the local National Committee, in whose district is confiscated

assets, they choose candidates, relevant under section 7, para. 1, point (a). and), (b)),

(c)), d) and (f)), a local peasant Commission, consisting most of the 10 members.

(2) the representatives of the local peasant by the Commission at the meeting shall elect the district

peasant Commission in the District National Committee, which can have a maximum of

10 members.

(3) the Commission shall draw up a Local peasant for allocation plan reimbursement

(section 10) for the transferred assets and submit it for approval to the district

peasant Commission.

(4) the Commission will examine the submitted by the District Rural allocation plans and

proposals on remuneration and on the basis of an allocation plan and shall draw up a schedule

payments for the entire district. If there is a conflict between the ration plans and proposals

on the cover, provided by individual local commissions, rolnickými

or if there is an agreement between them, is the district allocation plan and schedule

payments after the approval referred to in paragraph 5 the rightful.

(5) an allocation plan of the District Commission with the schedule of payments a farmer shall submit to the

immediately accountable to the National Committee, which shall forward it to your dobrozdáním

the Ministry of agriculture, which can tender allocation plan with timetable

to change, if they were at risk from important public or national interests, or

If it has not been taken of the provisions of article 7, paragraph 1. 1, point (a). a) to (f)). With regard to the

the races of the agricultural industry (art. 7, para. 4), the Ministry of

Agriculture, if it was an allocation under section 7, para. 4, point (a). (b)),

the decision in agreement with the Ministry of food.

(6) if the County Commission to overcome the differences between the peasant

plans and proposals on ration payment of local peasant by the Commission and

If there is no agreement, or if there is a discrepancy between the district rolnickými

commissions of the neighboring districts, the district shall submit to the Commission a peasant thing

the Earth's National Committee which, with its dobrozdáním shall refer to

the final decision of the Ministry of agriculture.

(7) the Ministry of agriculture and regional National Committee broadcast to the district

peasant Commission subsidiary bodies that assist in technical

allocation works.

§ 10

(1) the application for reimbursement should be based on profitability, position, distance,

and the State cultivate it soils (fertilizer, seed and seedlings) and by property and

family circumstances, and the allocator allocates:

and in the amount of the value) of at least one annual crop on the proposed

an area of land,

(b) a maximum of two) average annual crops on the proposed area

the soil,

c) payment for allocated should be building at the rate of 1 to 3 annual

the rent allocated to buildings. The rent may be in any case

expressed in kind.

(2) the remuneration for the transferred live and dead inventory, and other devices will be

determined in accordance with the directives drawn up by the provincial national committees and approved by the

the Ministry of agriculture.

§ 11

(1) remuneration shall be paid to:

1. a lump sum, no later than 12 months from acceptance of the possession of the allocation, in

cash or in kind, or

2. payments in cash or in kind, namely:

and) 10% of remuneration for the land and is paid when taking the accessories

the allocated land. On a proposal from a local peasant of the Commission which is already not administer

in the quota plan (section 9), the national land fund povoliti suspension

the first instalment of a maximum of three years;

(b)) in cases of special consideration, worthy and socially justified may

The National Land Fund on a proposal from the Commission prominouti of peasant přídělci

remuneration and the přiděliti primarily agricultural assets free of charge

persons having a preferential right to allocation (article 7, para. 6).

(2) in cases worthy of special consideration and socially justified may

The National Land Fund on a proposal from the Commission prominouti of peasant přídělci

remuneration and the přiděliti primarily agricultural assets free of charge

persons having a preferential right to allocation (article 7, para. 6).

§ 12

The reimbursement be repaid by the National Land Fund according přídělci plan it

issued by. This will be used to cover the debt and obligations, váznoucích on

confiscated possessions, if these debts and liabilities are recognised and

were taken, in addition to the payment of war damages and damages caused to property

people perzekvovaných after the time of the occupation, on grounds of national, political and

race, to the improvement of agricultural production and for the internal settlement.

Any surplus of the national land fund fall State

the cashier.

section 13 of the

(1) the remuneration determined in accordance with § 10, included are all costs and

charges associated with the confiscation (section 1), the allocation (section 7) and the library

by converting the seized assets.

(2) Write the allocation to the land registers must supply the National Land Fund on

their own spending.

(3) the transfers of property referred to in this Decree shall be exempt from fees and


§ 14

This Decree shall take effect in the countries of the Czech and Moravian day

of the notice; It shall carry out the Ministers of agriculture, finance, justice,

of the Interior, and nutrition.

Dr. Edvard Beneš in r.

Fierlinger in r.

Nosek in r. Dr.

Dr. Šrobár, in r.

Stransky v. r.

Ďuriš in r.

Majer v r.