81/1920 Sb.
LAW
of 30 March 2004. January 1920
which shall be issued after the sense of § 10 Law of 16 June. April 1919, no. 215
Substances and mixtures. and regulation, the provisions on the allocation of land and regulates the legal
the ratio to the allocated land. (Act allocation.)
Change: 665/1920 Sb.
Part I.
On the allocation.
§ 1
Occupied by and taken the land if the State itself will not uphold or does not apply to
purposes generally beneficial, allocates land Office:
1. individuals and small farmers, domkářům, small traders,
employees of the agricultural and forestry and new, especially
the Legionnaires and members of the armed might of the Czechoslovak, as well as
the survivors of those who died in the war for the homeland or die
as a result of war service, and war disabled and survivors
vojínech, who died as a result of war service the neb had died;
2. the Board, which shall consist of the persons mentioned under number 1;
3. the persons named in § 5 of this Act;
4. agricultural and consumer associations (sections 6 and 7);
5. the municipalities and other public associations;
6. other legal persons, institutions and facilities for the purposes of scientific,
lidumilným and generally beneficial.
§ 2
(1) Individuals named in § 1 No. 1. Let there be land allocated to
the establishment of a separate agricultural enterprises, that is sufficient to sustain life
householder and his family, on which the Treasurer with your family can
hospodařiti without constant help and whose operation consists exclusively
or at least the main profession of držitelovo and výhradný, or at least
the main source of its livelihood.
(2) for the establishment of such estates can be přiděliti the soil,
free land uchazečova estate will be on the peace referred to in paragraph
the first allocation.
(3) in addition, přiděliti can be used by land to individuals referred to in § 1
under the number 1. to build their own family dwellings, economic
buildings, maloživnostenských plants, to establish gardens in such
buildings, to undertake the necessary extension of the construction sites, dvorkův and etc., for the establishment of
separate gardens and small agricultural businesses, if the soil
cultivating the holder himself or with your family members and if the proceeds are used to
supplement or improve his livelihood and his family.
§ 3
The land cannot be allocated to applicants:
1. who do not have citizenship of the Czechoslovak Republic, but for the
provided that within 2 years shall this nationality;
2. who were sentenced for criminal offences committed as a result of the loss is
the electoral law to the community if this result continues, then those who
are morally evil;
3. who are physically or mentally unable to donate to the purposes for
which land is allocated, unless it was the provision of war
invalidův and family uchazečova is to replace the lack of his
eligibility.
§ 4
(1) an Association of persons named in section 1 under no. 2. You can přiděliti the soil,
If výhradným the purpose of the Association is the joint operation of agriculture,
and if the members of the Association will be mostly personally, directly and continuously active
When the agricultural, handicraft and maintenance work on the assigned
soil, or in the surveillance and management of common business and if, in the
the company is excluded from profits in capital staggered outside
adequate capitalisation of the shares.
(2) such associations must podříditi statutes and parts order conditions
They shall designate the land authority.
(3) persons, which consists of such associations, must have the same
eligibility, what is sought on the individual candidates in § 3. Land
the Office may ustanoviti differently, as regards the persons to whom the cooperative
the proportion of the sequences went in case of death.
(4) individuals from the team raised can be allocated land according to §§ 1 to
3.
§ 5
(1) for the purposes of housing can be individuals except in the case of the allocation under section 2,
paragraph. 3. přiděliti, the land Government, public corporations and volumes
institutes, cooperatives, non-profit-making associations (building, construction
companies, building societies, foundations, etc.), to set up
small flats, that is, family apartments with an area of no more than 80 m2, shelters for
free, inhabiting most after 3 people in one room, and
the dormitory rooms of the dorms.
(2) a non-profit association according to apply the statutes of the dividend
a member must not have more than 5% of the paid-in racing and podílův
members cannot gauge the artistic beauty more than paid-up shares, while
the rest of the social equity is intended for the purposes of public benefit.
(3) a condition is that the small apartments have zabírati at least 2/3 of the habitable
the total surface area. For the total habitable area of the case for family houses
the area used for the purposes of housing, homeless shelters for free and
dormitories area used for the purposes of these institutions.
§ 6
(1) the Board, composed primarily of small farmers, it may be
land allocated to (article 15, para. 2., 2. b) to communal facilities for
the improvement of the agricultural and forestry sector, supporting their management,
in particular, to support the dobytkářství, as for example to the device and
upkeep of the public enterprises, the neb výkrmných breeding paddocks, pastures and
t. p.
(2) such Associations must podříditi statutes and parts order conditions
They shall designate the land authority.
§ 7
(1) consumer associations can be Svépomocným přiděliti the soil, if the purpose of
Association of vyráběti items of livelihood to Association members and own consumption
their families.
(2) Capital embedded members must not provide higher profits than
regular úrokův and may not be traded with the manufactured items.
(3) the statutes of such Associations must podříditi and parts order of conditions
designated by the land authority.
§ 8
Municipalities and other public associations may be even outside the cases of § 12 of the allocated
agricultural land:
1. to have their existing holdings added to the assessment,
that allows their proper and profitable operation;
to such undertakings have been rounded or secured;
in order to set up their own farms used to measure
local needs, needs for the municipal Constitution and t. p.;
2. for the purposes of generally beneficial, by which municipalities or public unions
belongs to pečovati;
3. the common devices that use agricultural and forestry
enterprises příslušníkův village;
4. after the event, even if the purpose of their use on overhead
persons designated in section 1 under # 1.
§ 9
(1) the Pasture can be přidělovati municipalities and agricultural associations with commitment,
that leave their use under reasonable conditions in the first place
smallholder farmers. When the allocation of land will be the authority to look to
out of the pasture had to benefit the greatest number of people, and may
plays, the order with respect to editing and maintaining pastures.
(2) Individuals can přiděliti pastures only when their acceptance
local authorities or associations of farmers, is looking to their location, inappropriate
or when a village agricultural associations with the neb General re‑examination of the allocation.
§ 10
(1) the land under forest demonstrated local needs and taking into account the
the special circumstances of the local přiděliti in the first place to municipalities and other public
unions. When determining the acreage of let there be taken to ensure that the total forest
the assets of its area and the nature of the guarantee the orderly holding in the
the meaning of the forest laws. Land Office, decides on the allocation, it may
uložiti the conditions of an orderly management of security monitoring.
(2) the current continuous economic forest units (Polesie, venues)
as a general rule be retained, which does not preclude were allocated more
candidates as an economic unit in the common-ownership and use.
(3) Individuals can přiděliti forest land and to a lesser, exceptionally
area, in particular the goal to be rounded or otherwise supplemented and
maintain their forest and the jinaký property, if forest land, by which
It is seeing a slight her size, which is not relevant to the management of the municipal
or the State, or if it is of all or several of the parties surrounded by
land uchazečovými.
§ 11
(1) you can usually přiděliti Ponds to municipalities and other public associations and
Board, especially if already deal with rybničným economy
or if the share rybničné area has been improved their
rybničné neb agricultural economy, as well as the svépomocným Association
established for the cultivation of rybničného of the economy.
(2) such associations must podříditi statutes and parts order conditions
They shall designate the land authority.
(3) Individuals can přiděliti ponds under similar conditions as the
they can be přiděliti the land forest.
§ 12
Agricultural land and other municipalities as well as other přiděliti can be clusters of public,
If the land less valuable or if its proper využitkování
such cargo, which would likely could not take upon himself Treasurer
different, so for example, in the case of land left fallow and the afforestation of
or to the establishment of orchards, prutníkův, about the poor pastures, peat
lands that require cultivation and t. p.
section 13 of the
(1) industrial enterprises, if they will not be allocated to the land as a BC. When
the allocation of the soil Association named in § 1, no. 2, or when the allocation of goods
residual (section 24), an association can be přiděliti to the operation of the agricultural
the industry set up by the Association, in particular, to the promotion of agricultural
production and associations composed of producers of raw materials to be in
the company processed, or from consumers. Where the nature of the case and
in particular, if there is no suitable candidates being nominated, the industrial
businesses to be allocated also to the provisions on the unprecedented farms
residual (section 25). Individuals can be přiděliti smaller plants industrial
(smaller sawmills, flour mills, workshops and t. p.) in particular, they do not ask for the allocation
the associations referred to above, or if it is not suitable for them.
(2) Water power, rejects their use at allocated state
in particular, the public service unions to perform community service, podnikův
an association set up to promote agricultural production, improvement and
Association of producers established by ku processing of raw materials and individuals to
operation of the plants, which they have now with využitkují or to
the establishment of new plants.
§ 14
If the chance přídělův, what in the upper
provisions is not decided, the land Office has postupovati
so that its decisions as much as possible approached to the objectives, which
watching this Act and make those decisions benefited the most proper
production and the benefit of the population.
§ 15
(1) Soil can be přiděliti to ownership, to lease and tenancy, and it can
be established right under the law of building 26. April 1912, no. 86
r. z.
(2) as to whether the land will be allocated by one way or another, decides
the Office of the land depending on the nature of things, přihlížeje, firstly, to the wishes of applicants,
on the one hand to ensure that the legal form to accommodate the purpose of allocation of
that goes. In doing so, however, go with the Office of the land the following principles:
1. Individuals to set up self-contained farmhouses (§ 2) so be it land
as a rule, allocated as peasants ' nedíl. (articles 30 et seq.)
2. The tenant may be přiděliti the soil and in particular:
and if the individuals themselves) to seek a tenant with a view to their
special circumstances if it runs for such purposes, which best suits the
the lease, in the case of allocation of land to beneficiaries of farming on soil is only
secondary vocational or complementary to the livelihood, or for their
profession cannot on land permanently usídliti;
(b)) if the land assigned by the Association to the joint management (section 1, no.
2), agricultural cooperatives and consumer (§ 1, no. 4).
3. The tenancy or rental let there be given usually land near cities and
industrial sites that probably will soon need for purposes
building. Must not be assigned to the property for purposes other than
building land which polohopisným the municipal plan is intended for the purpose
building.
section 16 of the
The land Office shall allocate land to space, quality and quantity, so that the
the purpose of the allocation has been satisfied as best, přihlížeje, first, of the reasoned
the wishes of applicants, and, secondly, to ensure that the interests of the public and have been truncated
legitimate requests of other candidates. In doing so, follow the land Office
in particular the following principles:
1. To establish a peasant nedílů přiděliti is so much land to be
formed self-sustaining homesteads, as described in § 2, para. 1.
self-contained place land Office, in peasant farms generally
homesteads about 6 to 10, after the case of 15 ha of agricultural land according to the quality
soil and landscape conditions.
The authority shall take into account the land to the land, which is owned by the applicant's
or members of his family living with him in a common household, as well as to
the soil on which the candidate is running, the following members of the family or from another
because of the rule, and will be dbáti to ensure that in these cases the allocation
they were not formed by the economic units that do not correspond to the concept of
self-sufficient homestead.
It is true that the applicant's family members living with him in a common
the home, do not have a separate claim for allocation of land, whereas, however, can be
allocation přihlédnouti to the number of decent family members living in the common
household and jointly managing, and that this provision in no way
does not preclude the allocation alone at least solicit Members
households who wish to zříditi a separate household.
2. An association referred to in § 1 No. 2 can be at most přiděliti so much
of agricultural land, to each holder of such share, which fell by
in accordance with the principles set out under no 1 was him fell, if he ran for
the land as an individual. At the free shareholders počítati is half of the
This acreage.
§ 17
(1) if there is more than one application for the allocation of the same soil and if it is not so much
taken to the allocation of land suited to be able to vyhověti all
applications, be it in deciding to proceed was given the first
for the purposes of generally beneficial, if they are unable to satisfy more easily and without
damages appropriations of land circumference of another.
(2) in the case of the persons referred to in paragraph 1, be it especially takes into consideration the persons
appointed by ibid. No. 1 if they seek the allocation to the establishment or
extension of agricultural podnikův and to persons designated therein under # 2.
(3) However, to Compete in the same circuit applications of individuals for land allocation
the establishment or expansion of agricultural holdings with requests of the Association to
the joint operation of agriculture, let there be followed so that the allocation
land for such an association was not too squeezed the allocation of land for
eligible individuals, especially those who seek the allocation to
expansion of its economy to the peace sufficient to support a family or
the transfer of land to the spachtované property.
(4) if the Competitions together in the same circuit applications of individuals, which for
the lack of land cannot be completely vyhověti, let it be taken special consideration to
applications of these candidates:
1. legionářův and such příslušníkův the armed power of the Czechoslovak,
who stood as such in the fight with the enemy, in particular those who are
certify or injury or tormented by war, have suffered a loss
on your professional activity; then the survivors after the fallen legionářích and
members of the Czechoslovak armed might. Fallen legionnaire and fallen
members of the armed might of the Czechoslovak are brought on a par with
those who perished the pangs of war or on which he has been in captivity
executed a death sentence for their accessories to the Czechoslovak
legions.
For the Legionnaires are members of foreign troops of the Republic of
The Czechoslovak, who entered military service in the foreign
Corps military before 28 February. October 1918. Surviving people after legionářích and
members of the Czechoslovak armed might have on the
the wife and descendants of the matrimonial and family members whose
the pension they were by law required to pečovati;
2. invalidův of war and survivors who fell after vojínech neb
died as a result of war service;
3. existing small pachtýřů the land;
4. applicants whose buildings are adjacent, directly with the desired
the land and make it so that only the desired plot of land can be used to satisfy
the urgent need for following the extension of the building site or after the establishment of the
Garden, or that the requested land for another reason necessarily
needed in order to facilitate the use of the land or its uchazečova
building;
5. returning emigrants who are farmers.
(5) let there be taken special consideration to applicants who show
special competence, professional economic education or vocational training,
then to those who either themselves or whose ancestors were the owners of the
the required land and property without their guilt lost; to those who
in the same circuit are staid or ibid. and cultivated those who have
the necessary economic device. Přihlížeti is also the maintenance people
not yet employed on seized land, if the allocation is for more of their
to remain on the land, to the point where they will not be taken care of otherwise according
§ 9, paragraph 2. 2. the Act of 16 July. April 1919, no. 215 and mixtures. and regulation.
(6) if the Competitions along the land applicants who already have land, be it for
the same otherwise circumstances taken into account those who have land špatnější.
Under the same conditions, be it especially takes into consideration the candidates married,
in particular, those who are in charge of the children of both spouses, if they intend to
on the soil hospodařiti together. Applying a ration of persons living in
marriage is particularly taken into account such who claimed to
the ground was allocated to both spouses jointly.
(7) the principles have not yet referred to follow Office land, where the similarly competitions
along about the allocation of land associations referred to in § 1, under # 2.
section 18
(1) the authority shall draw up a Land for individual objects, from which
the applicants seek an allocation, the General work plan, bearing in mind the
not only the allocation of the time reasonably required, but also the possibility of the allocations in the
time later.
(2) the sdělávání of the work plan is to look to the right of the owner of the
the land on the release of part of the assets of the land under section 11 of the Act in
of 16 December 2002. April 1919, no. 215 and mixtures. and regulation, as well as to the circumstances,
which according to the same provisions shall be reason propustiti a higher assessment of
conquest and finally to the possibility of a compulsory purchase order on the land sáhnouti nezabranou
pursuant to section 14 of the same Act.
§ 19
(1) the plan referred to in section 18, let it be built in such a way as to
to ensure proper management as on land allocated, on the soil of
released and retained it grab the owner.
(2) in order to achieve such a policy, the care of the Office of the land,
to make also the necessary measures to protect the rights of water, duration
that, if it were needed, of the newly edited by use of water power, has set up a
the Ministry of water and way and has done absolutely everything requires proper
management in the circuit that goes.
section 20
When you sdělávání plan přihlížej land Office to share
have not been withdrawn by the beauty of nature and character of the landscape and to the injury hadn't kept sights
natural, historical and artistic. A land registry office may to target
svoliti to areas that are devoted to parks, natural parks,
used otherwise for ornamental use: landscapes, or whose purpose is, and long life
a sample of the original character of the landscape, or the East and ochrániti historical
monuments and their surroundings closely related, the owner had been left
In addition to the acreage of land under section 11 the law of 16. April 1919, no.
215 mixtures. and r., can be released to the owner of the pre-existing
the settlement, if the owner of the land shall be subject to the conditions laid down
the Office in agreement with the participating ministries, with regard to the
accessibility of those places the audience, scientific and artistic staff,
or use them for the purposes of lidumilným.
section 21
(1) the ground let there be allocated in the most conducive and so be it if
can be achieved by zcelení land in the municipalities in which the property is unoccupied.
Nevertheless, the authority may, in particular, also dependent on the ration to do that
candidate for allocation shall be subjected to its free assets scelovacímu plan
the Office says in one.
(2) if the zcelení will not be done at the same time allocation of land, they undertake to
those that land will be allocated to that they do not have objections to the later
scelení and scelovacímu plan, and the rights to them in the cause of belonging
passed on to the land Office.
section 22
According to gross, let there be a detailed work plan schedule
the allocation of land, looking to the incoming applications and allocations of other options.
Article 23 of the
(1) the authority shall determine the land Allocates land, whether and how the right kind
allocation of land acquired is limited and whether any and what obligations
arise to the person that the land allocated, and also appoints the legal
the consequences associated with failure to comply with the restrictions and the stored
duties.
(2) the land will be the authority dbáti to ensure that
land allocated will not be stolen, which monitors the allocation purposes, and
allocates land ownership will be, if the nature of the case requires it,
říditi analogous to the provisions given in the second part of peasant nedílech.
(3) if the restrictions on the right to the allocation of the express authority of the land with the
fits under the General provisions of the law library to write a library,
Let it be recorded in public books. If so, can't nobody
dovolávati that, without their guilt about that restriction.
section 24
(1) That was obtained for the allocations as well, where the land is,
looking to her demand, lack of, as well as to tenure was modified
land (rounding border and ensuring that the enlargement of the agricultural
Economic and residential buildings and their accessories), the land
the Office considers a reasonable part of the land occupied by the agreement with the participants in směniti soil
nezabranou and according to the circumstances of the entire agricultural undertakings, unless the
reduced soil that is needed for the purposes of public benefit and for
the applicant referred to in § 1, the No. 1 and 2.
(2) To let it be used in conversions primarily goods that in the allocation of
incurred by the proper využitkování of buildings established in the previous
economic units leave when buildings such reasonable
area occupied by land, or land that is separate from the
the existing economic units přikáží needed buildings (farmhouses
the residual).
(3) subject to the conditions listed above can be vytvořiti from the land suitable
new Exchange agricultural enterprises.
§ 25
If the residual goods or other larger businesses in the agricultural, whose
Division due to the economic production is not vhodno will not be exchanged after
reason of section 24 and if they will not be allocated to the persons named in § 1, under no.
2, 4 to 6, so be it hleděno to have been assigned to create a
Professional holding candidates, particularly for individuals eligible for
the management of the larger agricultural undertakings.
section 26
(1) requires the allocation of land for the purpose of general interest, the
Land Office in doubtful good semblance of competent
the Ministry about whether the purpose goes, can be generally thought me
beneficial.
(2) requires the allocation of the same piece of land at the same time for different purposes in General
beneficial and if you cannot docíliti the agreement between the participating ministries,
Land Office shall submit to the Government a thing about her decision.
section 27 of the
The final decision of the authority and the agreement of land, with its
the approval clause, the documents vkladným.
section 28
(1) in order to, if possible, achieved an amicable agreement on the requests for the allocation of
land that relate to either the same object or seized the land in
a local circuit, to bring to the program and the progress of work
associated with the allocation of land supported by agreement with the local actors,
If they affect rights, establish the Office of the land according to the circumstances
local committees such as advisory councils.
(2) to be called upon, in particular, these representatives of your soil
NEB associations representing their interests, then the representatives of the participating
the authorities of the State, local authorities and professional associations of economic.
section 29
(1) the forthcoming implementation of the allocation of land is beheld in suitable manner
General and to let it be adequately published, when and where it is podávati
request for allocation of land.
(2) the detailed rules on these matters will be determined by the regulations.
Part II.
The peasant nedílech.
section 30
(1) the peasant nedíly arise:
1. the allocation of the entire estate (§ 2, para. 1.);
2. the merger of the assets of the land with the share (§ 2, para. 2.);
3. the fact that the free land will be under the authority of the order's assets designated in the
This section.
(2) if the entire estate, granted may not be assigned otherwise than
as nedíl. With regard to the allocation of land, which has to be enlarged property
small farmers on acreage self-sufficient homestead, decides
If free assets has to be merged with the allocation in the peasants ' nedíl,
or nothing, the Office of the land, and his care to limiting resources
This merger has achieved, so according to the circumstances, the allocation of odepříti,
If free assets of candidates subjected to the order nedílovému. Free
agrarian property agrees to the procedure established in this part of the Office
land after the application vlastníkově.
section 31
The Homestead is the peasants nedílem, let it be stamped in the books of the public in the
the title sheet of the essence of statkové. If so, can't nobody
dovolávati that, without their guilt did not know about the restrictions which is
subject to the right of nedílů.
§ 32
(1) on the outside of the ordinary Ministry nedílech can land and servitude
apartment váznouti debt rentové, figuring in this výměnek, and it rents
temporary, factual and redeemable. Other debts are přípustny with the consent of
the land Office, provided with respect to the creditor or the person
loan conditions indicates an obvious advantage over to the debtor of the loan
rentovému.
(2) if it is a merge of the free assets with allocation or on the submission of
the free assets of the order of a nominated in this section, you need to
jinaké glitches stranded on the free assets than those that are listed
in the first paragraph, have been turned into (converted) to such defects. About
This conversion applies the provisions of the General Land Office, but will this
conversion of podporovati ambitious activities and cannot consent to the establishment of a
nedílů pursuant to section 30, no 2 and 3, where looking to the deficiencies operated on
free assets would be created economic whole life.
§ 33
(1) if it is not a substitute for rationed paid in cash, is binding in order for
public taxes and benefits, in the form of either eternal neb redeemable
annuities, the entries for the soil and if it is a case referred to in paragraph 30, below. # 2,
on the whole estate resulting from a merger of assets with allocation.
Renta eternal can be converted into an annuity at any time umořitelnou, where
for the owner.
(2) Profitable debt replacement is zapsati in the books.
(3) Further provisions on the rentových debt after this law will be common sense
given in the Act of taking over the land and compensation for her, after the case in
a special Act.
§ 34
Body of the peasant nedílu can be a single person or a married couple together
except in the case of the community, which are served from §§ 48 and 49.
§ 35
(1) Zavazení nedílů, if ever is dopuštěno (§ 32), you may stand only
with the permission of the land Office. Profitable debt, slow-moving on nedílu, may,
If it's not about výměnek and the case referred to in § 32, para. 1., to be set up
just for public institutes, which will be marked with a credit by a decree of the Government.
(2) the detailed rules on the establishment of such rentových dluhův and exceptions
of paragraph 1. establishes land Office.
(3) debt can be Profitable, only, in order to be provided with
resources:
1. the payment of compensation for the allocation or by defects on váznoucích
free asset that should be merged with the food, or to be
under the authority of the order of nedílovému (section 33);
2. for the establishment or expansion of economic and residential buildings or to
permanent improvement of the Manor;
3. measures or supplementing marketing inventory;
4. to pay the inheritance of shares or platův stored the last
the acquisition.
section 36
The peasant nedíly can lead only to the interpretation of the execution by the administration.
§ 37
Agrarian in nedíl or in part may be disposed of only with the permission of
the land Office and about how these provisions apply:
1.
(1) unless strong reasons against it, the Office of the land always přivolí
the disposal of the entire nedílu, which has the character of an anticipated start-up sequence,
in particular, if the Homestead is a výměnek.
(2) in addition to these cases, the authority to land disposal of přivolí all over the nedílu in the
the first 10 years after the allocation only for reasons of urgent (disease
the owner's, which makes farming impossible and t. p.), and it just so,
the price of the market, especially if it exceeds what has been inserted into the nedílu
owner, goes to the State. It is polite to my account
have improved and carried away.
(3) on the expiry of 10 years from the allocation, the land Office přivoliti to
alienation due to fitness, but the provision for the issue of the excess of the market
prices are valid here as well.
(4) Nedíl can be zciziti only person who undertakes to keep her
Homestead hospodařiti, has the necessary capacity to do so (section 3), and
nehospodaří as owner or otherwise, on the soil of greater than the
half of the nedílu in the landscape of the habitual.
2. the Authority gives reasons for urgent land outside the disposal market share
rolnickém nedílu in favour of the owner's spouse (wife).
3. To exchange the land nedílových for other přivolí land Office only
improve the management of the estate, and if the replacement land,
Mindful of its quality and area, an appropriate substitute for land
směněný.
4. nedílů přivolí Office for distribution to the land only when nedílech referred
in section 30, under no 3, and only when the new units plus
the free assets of persons who have a nedíl poděliti,
self-sufficient farms and will be subordinate to the order of nedílovému.
5. the transfer of a portion of nedílu přivolí Office of the land from the serious důvodův and
If it is not jeopardizing sovereignty nedílu.
§ 38
About propachtování nedílu and its parts shall apply mutatis mutandis to section 37, but
propachtování individual parcels not exceeding the sum of one-fifth of
the entire acreage for a period of not longer six years, then a partial rent
residential, farm and other buildings do not require consent of the land
the Office. However, the Office may land the contract subsequently referred to zrušiti,
take the belief that such a leasing or letting of the damages
management on nedílu.
§ 39
Agrarian nedíl can in the case of death, as a sequence of legal,
so the sequence of the last acquisition of the připadnouti only a single person
(přejimateli) excluding the cases heading to § 37, no. 4, §§ 48, 49.
section 40
When it comes to a sequence of legal, shall designate the přejimatel according to the law and
show the legal sequence of inheritance, as is regulated in the civil
code. Of the several heirs of boarding in the estate called are
the individual, if the approval authority of the land shall otherwise agree,
to take nedílu as follows:
1. as a general rule the male heirs precedence before belongs to the feminine and between
the heirs of the same sex elders before the younger; at the same age decides
Los. Relatives according to the degree more than take precedence over.
2. children always take precedence over pokrevné children adopted, spousal
before the illegitimate. The children of legitimované are on a par with built in children
married.
3. unless the descendants of zůstavitelových, called either přejimatele
estate surviving spouse if the marriage was not legally divorced.
4.
(1) the takeover of nedílu is usually excluded person:
and which has been withdrawn by the Court) the right to freedom of asset management,
(b)) which for mental or physical defects is not eligible for Homestead
free hospodařiti,
(c)), which is apparently náchylna to marnotratnictví,
(d)) that does not permit the same profession on hospodařiti personally,
(e)) that is at least after two years ' absence and does not give of your stay
the message, if its absence is associated with such circumstances,
that is doubtful, if not present at the appropriate time to return.
(2) the lack of age is no reason excluded.
(3) Decide on how, if there are reasons for excluding the takeover of nedílu
According to lit. b) to (e)), or nothing, belongs to the Office of the land.
5.
(1) where there is more spoludědiců, gives way to the person designated by numbers 1 to
3, which at the time the idea is the owner of the výhradným heritage farm
estate equal to the value of half of the nedílu, of which it is, or
an even larger estate, nedílové or others free
spoludědicům to převzíti rights and therefore falls in the farmhouse, nedíl
nearest to the person under this Act, unless the decided
render custom applications for a price closest to the farmhouse, and the extra
According to the policy section for 43.
(2) If no one does not want from spoludědiců převzíti Homestead, later referred to,
passes their right shall demand that the heir was called up to take
they stepped back.
(3) If a person appointed pursuant to no. 1 to 3 to the some of the estate appointed in
paragraph. 1 this number to a law other than exclusively the right of ownership shall be decided
about the law and the law of the other spoludědiců to take over the Office of nedílu
land přihlížeje to the principle expressed in paragraph 16 has been infringed
If possible, at least.
6. If the heirs with him of the persons who are not among those in which is
by reason of the provisions above, negative, can be through this one
appointed for the přejimatele of nedílu, if the Office of the land
failed to recognize the more appropriate Homestead vykoupiti according to the principles expressed in the section for 51 and
the newly přiděliti it.
§ 41
(1) the owner of sincerity about him may nedílu to death, but only so
that heir shall call out the cases he's heading to § 37, no. 4, person
the only and that do not prevent any of the negative reasons §
40, no. 4. The decision as to whether there are such grounds, the negative
belongs to the Office of the land.
(2) if the testator had appointed several heirs, whom one of them přejimatele
the Office of the land, unless otherwise agreed by yourself of eligible přejimateli.
(3) the Appointed heir of the deceased person, if ineligible, shall apply mutatis mutandis to section
40, 6.
§ 42
(1) with nedílem goes to the přejimateli accessories. What is the
thought me for accessories, establishes the General civil law. Belongs to
in particular, it is also economic inventory, if it is necessary for the proper
education estate. If the interested heirs could not about
shodnouti is a range of necessary economic inventory appointed
the Court after hearing of experts.
(2) if the Missing would be something to the required economic, inventory
therefore cannot be claimed for reimbursement from other prices.
§ 43
(1) the Division of the estate shall be assigned a farmhouse with accessories
přejimateli, who will become up to nezadlužené the value of this
the allocation of the debtor's estate.
(2) the value of the estate with the accessories according to the land registry office will appoint a
the best discretion so that the přejimatel could obstáti on the estate.
Decides, the Office of the land vyžádati good semblance of offices and
officials, who seem to him appropriate and it will be his task to dožádal
Court for the hearing of the parties concerned, or their legal representatives.
§ 44
When you split a surviving fortune so be it on site estate taken under
the basis of the sum calculated under section přejimateli for 43 as a debt. The distribution of this
becomes between spoludědice, přejímatele, reckoned them, according to the
the provisions of the General Civil Code and proceedings in cases of uncontested.
However, the distribution of the estate so be it always enforced either by the Court or
submitted for approval. In the instrument of the split say that let it be
the distribution of the estate was předsevzato under this Act.
§ 45
If an outside přejimatele could be vybyti from
the rest of the estate and could not if it would přejimatel vybýti of funds
own, pays them their shares of the profitable Institute appointed under section 35,
that will be inserted on a homestead claim corresponding to rentová
paid up shares. These rentové claims are amortizable, rentami
the above amount will be determined by the TA at least so that the annuities were
extinguished, when according to probability calculus přejimatelovo
management on the farm.
§ 46
If the nedíl is stolen (§ 37) to ten years after the settlement between
joint-heirs, must přejimatel spoludědicům doplatiti what favorable for
him an estimated estate under section at the 43 were they an on their
shares of truncated.
§ 47
Policy sections 43 and 45 shall apply mutatis mutandis, if the sequence of inheritance
called the only heir at law or under the last acquisition, but
He was saved at the last acquisition of the share of wages expressed
the estate or jinakým.
§ 48
(1) if the heirs with him of the siblings, and if called přejimatel as well as
(I) all or some of the joint-heirs or their legal guardians so
proposed settlement of inheritance between them may, with the permission of the authority
the land to be postponed. In this case, is the homestead of the sort
siblings fell for in joint ownership with the fact that přejimatel can
the boy held his right at any time to take over the estate.
(2) this Division shall postpone the estate between the common přejimatele
homesteads for so long to be used nápadnického law. Beau
(3) if he hath from the community one of the other of the partners or
will die if one of the siblings for the duration of the community nezanechav
offspring, the other partners shall be entitled to the share of vacant převzíti
under the provisions of section 43. If this permission does not apply, or if left
the deceased companion descendants, přistoupiti ready to odročenému Division
the estate.
(4) the joint-heirs, who do not belong to the community as referred to in the first
paragraph at vybyti immediately pursuant to section 45.
§ 49
(1) the death of one of the spouses, who is co-owner of nedílu,
the Office of the land, if the surviving spouse's share will accrue vacant
pursuant to §§ 40 and 41, this percentage přejimateli specified according to the guidelines
nominated by the sections and inheritance in this share is governed by the same
sections. However, at the latest, after the death of the other spouse be modified.
the rights to the nedílu so that it is compared with section 34, the Office may land in
to this end, use it right the buyout he foisted on § 51.
(2) the Office may Land the surviving spouses want the right to
the share of the deceased husband, from redeem his heirs even when
second husband left descendants, if this adjustment only guarantee
the successful management of the nedílu. The purchase price will be determined by precedent
section 43.
§ 50
(1) the authority may ustanoviti land management on special order
nedílu, in particular also to the membership in some cooperatives, protection
monuments of nature and art, the preservation of the landscape and the landscape
a special feature in construction, insurance against damage and the life and t. p.
(2) on the conservation of this order are supervised by the Office of the land.
§ 51
A land registry office may vykoupiti nedíly:
1. when the owner of the forfeited property, designated in section 3 for
the conditions of the allocation, unless a wife or other members of his family on the
nedílu farm;
2. If the owner of the nedílu permanently managed poorly or leads
dissolute life and gives a bad example to your surroundings;
3. If the owner arbitrarily is against the order of the inserted him after of reason
§ 50;
4. If the owner of the nedílu itself nehospodaří and live on it, unless
that there were serious grounds for apology or transient faults and if
the proper management of the nedílu taken care of family members or
otherwise;
5. except in the case of emergency accidents, disease, or other
the emergency beyond the barriers to dluhuje the owner of the rentové installment
stranded on the estate for more than three years;
6. If the owner of the concentrated in their hands possession of land,
that land, which is running at least double the assessment achieves nedílu
in the landscape of the habitual. In this case, however, the uvážiti look great, whether it's not
the concentration transient, that would pass, dispatching it to the offspring and t. p.;
7. If the need occurs, according to the provisions of § § 40, no.
6., 41 and 49. about the succession in the nedílech.
§ 52
(1) if the nedíl redeemed, will be given as follows vykoupenému replacement and it
penízem, which corresponds to what has been inserted into the nedílu owner and
his predecessors. In the case of land allocated, is equal to this coin price
the allocation is granted. When calculating the compensation suits to look to
a necessary and useful to the cost of nedíl made by State at the time of
the takeover of the land by the authority, as well as with the other party to the deterioration, for which
the owner is responsible under the General provisions of civil law.
(2) if possible docíliti of the price agreement of the load and the amount of precipitation,
will decide the District Court in whose district the nedíl lies, management
the undisputed.
§ 53
(1) the purchase is decided in the cases of § 51 No 1. up to 6. After the draft
the land Office of the Arbitration Court of the land Office. Courts of arbitration
may be established as needed, several for each of the local networks.
The Court of arbitration consists of a Chairman and his Deputy appointed by the
President of the Republic from judicial officials, of the judges who
the State must also náležeti soudcovskému and appointed by the Minister of
Justice, and economic experts appointed by the land
by the authority. The Court rules in the Senate, in which one sits next to the President of the
a member of the State judicial and economic expert.
(2) the composition of the Court and its rules of procedure shall be governed by regulation.
§ 54
(1) the decisions of the arbitral tribunal is not an appeal and
the finding is immediately enforceable.
(2) the decision of the Court, the Office may nevertheless enforce the interpretation
Administration as an interim measure.
section 55
(1) the representation of the interests of owners of peasant nedílů establish when the
the Office of elected Advisory Council of plots of the owners of nedílů. Land
the Office and the interested ministries can I start sending representatives to this choir
from professional circles.
(2) provisions on the Organization and scope of this Corps will be given
by regulation.
Part III
The provisions of the fee
§ 56
Provisions concerning the fees of the legal proceedings, documents and official
negotiations, unless this Act provides otherwise, and on acts
předsevzatých in the allocation of land.
§ 57
(1) the allocation to the ownership transfer for consideration shall be deemed securities under
the law fees. The value of land provided for allocation by the Office together
with the value assumed by the performance of the side is the basis for the assessment
fees.
(2) the value of the nedílů laid down pursuant to § 43 para. 2 integration of the Association for
the basis for the charges and fees of real estate probate.
However, if it is about the alienation of nedílů pursuant to § 37, is from supplements spoludědicům
under section 46, provided for paid the fee, if any, additional
immobilární and inheritance.
(3) release according to § 11 the following of the law it is not considered a conversion
under the law, the fees.
§ 58
(1) the fee shall be exempt:
1. all documents (submission, attachments, documents, certificates, protocols
and etc..), submitted after the sense of this law to achieve the allocation of persons
referred to in paragraph 1,
2. shift, referred to in § 24, if the value of směněných land is the same.
(2) the allocation of a value (§ 57) does not exceed $ 10,000, the
of the person in section 1, no. 1, 2 and 3 of the said quarter, holders of the other half of the
the transfer fee of the whole value of the allocation. For the rations, their value
exceeds 10,000 Eur, the transferees a transfer fee of half
the whole value of the allocation.
§ 59
For direct incorporation fees are required to those to whom the allocation has become,
more than one person is beholden to the hands of the joint and several.
section 60
More detailed provisions on the public benefits will be released by law
náhradovým.
§ 61
(1) when granting consent to the alienation and Division of real estate pursuant to § 7
following the Act assesses and selects the land authority, if the soil is
be released from the land, for the purpose of land allocation and promotion costs
kolonisace from the party, of which the authorisation was granted, 10% of the value
real estate released. The value of this land shall be determined by agreement between the
the Office and the applicant. Agreed value may not be to the detriment of the principles
the future law on the dose of assets. In cases of particular interest
worthy to offer an appropriate authority may land relief.
(2) the grant of approval to rent (propachtování) economic
units and enterprises marketing and forestry industry pursuant to § 7
following the Act levied and collected from the parties, for the approval of the lease
the requesting office, land to the same purposes, one-quarter of a percent of the
the total rents paid in cash.
§ 62
The provisions in § 61 acts back on all the alienation, Division and rentals,
that Office shall, when granting the approval of land reserved the right in
for the above mentioned section.
Part IV
Transitional provisions
§ 63
(1) if the receipt and allocation of land in places where it is, particularly after her
urgent demand, the longer the time, the land Office, šetře
the provisions of § 11. following the law, uložiti, who seized land
is running to be raised by the parties in article 1, no 1. appointed and the Association
These people (section 1, no. 2) to the tenant (podpachtu) a reasonable acreage for
normal conditions, if the person tenancies you provide warranty
sound management (articles 3 and 5, paragraph 5).
(2) the Measures must not be compromised, nor the interests of the production on the
which economic units or persons permanently employed on them or
the interests of the people of supply.
(3) Pachtovní time so be it a maximum of six years. Nevertheless, the Office may
přiděliti land otherwise even before it passes through the period of tenancy.
(4) does not comply with this command in the specified time, the land Office
the pachtovní binding himself to both sides. In choosing the persons
due to the pachtýřů and land so be it politely takes into consideration the interests of both
party.
(5) the State is obliged to sharecropper nahraditi propachtovateli useful
cargo that until the day of the takeover was spent on land to achieve new
crop, if not as a condition pachtovní agreement between the Parties provided that the
sharecropper's plot fell for at the end of tenancy in the same State, in the
what it took. Unless otherwise agreed by the parties on the compensation of such cargo,
applies to the determination of its analogy the provisions of § 5. Cust. out of 30. October 1919
No 593 mixtures. and r., on the protection of small agricultural pachtýřů.
(6) implementation of these transitional provisions may land Office
to be done also on the competent authority of the political. For this purpose, can be
set up to support the political offices regulation special advisory bodies.
(7) the power of the land to the authority under these transitional provisions takes
until the end of the 1920s, when it comes to Slovakia and Subcarpathia, in
the end of 1921.
Part V
The provisions of the final
§ 64
This law operates from the date of publication.
§ 65
In one case, this law obliges all Ministry.
T. g. Masaryk v.r.
Tusar v.r.
Dr. Benes v.r.
Hampl v.r.
Švehla v.r.
Paul k v.r.
Thomas s v.r.
Dr. v.r. Heidler
Dr. Winter v.r.
Dr. Jolly v.r.
Dr. Hoxha v.r.
Dr. Franke v.r.
Habrman v.r.
Stanek v.r.
Powder v.r.
Houdek, v.r.
as Minister for supply to people and on behalf of the Minister who is absent
public official. health and physical education.
