Changing The Law On Expropriation And The Amendment Of Certain Other Acts

Original Language Title: změna zákona o vyvlastnění a změna některých dalších zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=78562&nr=405~2F2012~20Sb.&ft=txt

405/2012 Sb.



LAW



of 25 June 2002. October 2012,



amending the law no 184/2006 Coll., on withdrawal or restriction

ownership of the land or the building (law on expropriation),

Act No. 357/1992 Coll., on inheritance tax, gift tax, and transfer tax

real estate, in the wording of later regulations, and Act No. 416/2009 Coll., on

speeding up construction of transport, water and energy infrastructure, in

amended by law no 209/2006.



Change: 340/2013 Coll. 344/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on expropriation



Article. (I)



Act No. 184/2006 Coll., the withdrawal or restriction of ownership rights to

of the land or the building (law on expropriation), as amended by Act No.

167/2012 Coll., is amended as follows:



1. in paragraph 2 of the text at the end of subparagraph (b)), the words "; If there was a

ownership of the building or the land covered by the expropriation refers to,

transferred to ensure fulfilment of the commitment ^ 4), it is also vyvlastňovaným

mandatory conversion of the retaining the right to ensure that its commitment to

ownership transferred to the authorized ".



2. section 5 is added:



"§ 5



(1) the expropriation is permissible if vyvlastniteli failed in

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

needed for the realisation of the purpose of the expropriation laid down by law. The time limit

the contract with vyvlastňovaným shall start 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 the 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), a 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 part of the land of the bounding.



(4) contract for the acquisition of the necessary rights to the land or to build 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

conclusion of the contract.



(5) the condition referred to in paragraph 1 shall not be required,



and if vyvlastňovaný) is 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,

by a court decision or decision 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 ownership of vyvlastňovaného and

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

cannot be achieved by canceling this co-ownership. ".



3. paragraph 6 is added:



"section 6



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

the construction site shall cease all third-party rights to the land or vyvlastněnému

the construction, if not stipulated otherwise. ".



4. In article 7 (2). 1, after the words "tenancy", the words "commercial

space, buildings or land ".



5. In article 7 (2). 2, after the words "to terminate the lease of the apartment" the words ",

non-residential premises, buildings or land, "after the word" If "

inserted the word "their" and the words "apartment tenant" shall be deleted.



6. In paragraph 8, the words "the rent of the land or any part thereof, the rental of non-residential

space and "shall be deleted and the word" burden "is replaced by

"burdened".



7. Article 9 shall be deleted.



8. In section 10, paragraph 1. 1 (b). and the comma after the word) "building" shall be deleted and the words

"of all its components and" shall be replaced by the word "their".



9. in section 10, paragraph 1. 3, the second sentence shall be deleted.



10. In section 10, the following paragraphs 4 and 5 are added:



"(4) if the refund is based on valuation, the valuation must be

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

the expropriation. In the case that the usual price ^ 7) land or buildings would have been

for less than the value determined in accordance with the regulation, shall be

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

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 use on the day of application for the

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

depreciation in connection with the proposed purpose of the expropriation ".



11. In paragraph 11, the word "normal" is deleted.



12. In paragraph 12, the words "of the rental right or" and the words "and" shall be deleted and the

the words "these rights" shall be replaced by the words "the law".



13. in article 14, paragraph 1 reads:



"(1) Vyvlastnitel vyvlastňovanému will provide the specified compensation in full,

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

expropriation shall cease and if his compensation should not be by the

the creditor, the creditor or beneficiary podzástavnímu of the retaining

transfer of rights have not yet been reimbursed by the outstanding receivables. Vyvlastnitel

provide specified compensation beneficiary of easement

expropriation, always separately. ".



14. in article 14, paragraph 1, the following paragraph (2), including

footnote 19 is added:



"(2) Stick to the land or the construction of rights in rem, that expropriation

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

the pledgee, the creditor or beneficiary of the podzástavnímu

hedge outstanding claims still transfer, expropriation

the Office shall decide on compensation for vyvlastňovaného and determines how much of this

compensation vyvlastnitel provides those persons on the basis of submitted

agreement on the distribution of allowances with the officially verified signatures of the Contracting Parties,

otherwise, saves the vyvlastniteli pass to pay into custody court ^ 10) ^ 19), in

the area is the land or construction.



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



The former paragraph 2 becomes paragraph 3.



15. in § 14 para. 3 is the number "1" is replaced by "2".



16. in section 17(2). 1 the comma after the words "podzástavní the lender" is replaced by

the word "and" and the words ", and the tenant of the land or buildings in which the

expropriation refers to, or portions thereof, with the exception of the tenant of the apartment "

shall be deleted.



17. § 17 paragraph 2 reads as follows:



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

expropriation refers to, transferred to ensure fulfilment of the commitment ^ 4), it is

participant in the national proceedings also true of this hedge

conversion rights. ".



18. in section 17(2). 4 the words ' abroad ' shall be deleted.



19. in article 18, paragraph 3 reads:



"(3) on the application by vyvlastnitel connects



and a map with cadastral mapping) land and buildings designed to

expropriation, accompanied by situations of other maps that

be expressed graphically legal relations to real estate, in cases where these

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

part of the land expropriated, also a geometric plan in three

copy,



(b)) zoning, if required by its release for the purpose of the expropriation

a special law ^ 2) and unless the building authority that issued it,

at the same time the expropriation by the Office,



(c) demonstrating compliance with the terms of the Charter) expropriation referred to in § 5,

including a statement of the fact that within a specified period with vyvlastniteli

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



(d)) was an expert accompanied by pursuant to section 20 para. 1 the first sentence,

in the case of fixing of the refund in accordance with § 10 paragraph 1. 1 (b). and) contains

the usual price and the price calculated in accordance with the value of the effective legislation to

the application was lodged; § 10 para. 5 shall apply mutatis mutandis,



e) expert opinion, was accompanied by a pursuant to section 20 para. 1 the first sentence,

in the case of fixing of the refund in accordance with § 12 contains the amount of the refund for the

authorized from the defunct easement by prescription of the value

effective on the date of submission of the application,



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

vyvlastňovaném land or construction of the property rights of the company are getting stuck

expropriation if it was closed prior to the application, and vyvlastnitel

has this agreement available. ".



20. in section 19 para. 3, the first sentence is replaced by the phrases "after delivery

awareness about the initiation of the national proceedings may not vyvlastňovaný

dispose of land or a building where the expropriation relates to convert

is rent or otherwise encumber. Legal acts of the governing vyvlastňovaný

breach of that obligation, are null and void; This does not apply in the case of contracts

concluded with the vyvlastnitelem. ".



21. in section 20 (2). 1, the words "referred to in section 10, paragraph 1. 1 "and the words";

expert opinions must not be older than 90 days of initiation of proceedings ' shall be deleted.



22. in paragraph 2 of article 23. 5, the words "subject to the register" shall be replaced by

"registered".



23. sections 24 and 25, including footnote No 20:



"§ 24



(1) if in a proceeding established that the conditions for the

expropriation expropriation, the Office shall reject the application. vyvlastnitele If

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

expropriation Office shall notify the refusal to the cadastral authority to


the cancellation immediately after the acquisition of the notes the decision of the

the rejection of the application for expropriation. The provisions of § 23 para. 4 on the obligation

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

was in connection with an application, shall apply mutatis mutandis.



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

are met, 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. cancellation or restriction of the rights of the relevant factual proof to the land

or in the building, which the expropriation relates, or



2. restrictions on ownership of the land or the building through the establishment of a substantive

the burden in favor of vyvlastnitele and shall specify its contents, or



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

about his transition to vyvlastnitele,



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

the land, building or parts of the compulsory purchase order Lord,



(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 force

decision.



(4) the claims of compensation for expropriation expropriation authority



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

easement, whose rights of expropriation shall cease and stores

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, or decide whether or not to

difference in the price of the land or buildings and vyvlastněného replacement

land or buildings, according to the value of the prescription effective at the time of

the expropriation, including the time limit for provision of services, which may not be longer

than 60 days of the decision,



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

must provide the pledgee creditors or podzástavnímu

a lawful conversion of the retaining the right to remuneration payable

secured by receivables, if the agreement has been made, otherwise saved

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 a copy of the expert opinion, and determines to do this time

must not be longer than 60 days of the decision.



§ 25



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



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

According to § 24 para. 3 has a suspensory effect on the other statements of the decision.

Such appeal shall not have suspensory effect cannot be ruled out. Filed in a timely manner, and

admissible against only one of-facing statements in accordance with § 24

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) if the beneficiary of the compensation

vyvlastniteli does not provide the necessary assistance.



(4) the appellate body on appeal must not change the opinion of refund

detriment of the vyvlastňovaného or of third parties. If a final

refund increased, vyvlastnitel will settle the difference by 30

days of the decision.



(5) the final decision on expropriation expropriation authority shall send to the

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

notice about which rights to immovable property expropriated by the

registered in the land register ceased to exist under section 6.



(6) the period specified in accordance with § 24 para. 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, for a maximum of

the next 2 years.



20) § 68 para. 5 and 6 of the code of administrative procedure. ".



24. in section 26 para. 1, the words "paragraph. 2 (a). (c)) "shall be replaced by" paragraph. 4

(a). and) or (b)) ", the words" paragraph. 2 (a). g) "shall be replaced by" paragraph. 3

(a). (c)) "and the words" paragraph. 4 "shall be replaced by" paragraph. 6. "



25. in section 26 para. 2 the words "§ 6, § 7 (2). 2 and article 9 "are replaced by the words" §

6 and § 7 (2). 2. "



26. section 28 is added:



"section 28



(1) Statement pursuant to § 24 para. 3 may be examined in an action against the

decision of the administrative authority. Statement according to § 24 para. 4 can be discussed in the

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

the Court.



(2) the application by the interested party requests that the statement according to § 24 para.

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

period of 30 days from the decision national Office; default judgment

This period cannot be waived. Cancellation statement according to § 24 para. 3 shall cease to

valid statement under § 24 para. 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, shall determine the amount

higher taking into account the extraordinary properties of the vyvlastňovaného land

or construction, or to the extraordinary circumstances of the matter. In addition to refunds

referred to in article 10 may be provided for eminent domain to provide vyvlastňovanému



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

(a). and) and § 10 para. 4 and 5 to mitigate the harshness of expropriation,

taking into account also the length of the ownership of the land or buildings for more than 15 years from the

of acquisition for value, the



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

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

a built-up area,



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

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

the territory of special architectural value, or with a special

historical value, or



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

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

business activity.



(4) the action brought against vyvlastňovaným according to § 24 para. 3 (b).

a) has a suspensory effect. ".



27. in the first sentence of section 29, including footnote # 16 is deleted and

the word "Provisions" with the words "administrative procedure".



Article. (II)



Transitional provisions



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

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

discuss and decide according to law No. 184/2006 Coll., in the version in force

to the effective date of this Act.



2. In proceedings concerning expropriation of present in the code of civil

the proceedings, which began before the date of entry into force of this Act, and

has not yet been completed shall be completed pursuant to Act No. 183/2006

Coll., in the version in force until the date of entry into force of this Act.



PART TWO



cancelled



Article. (III)



cancelled



PART THREE



Amendment of the Act on speeding up construction of transport, water and energy

infrastructure



Article. (IV)



Act No. 416/2009 Coll., on speeding up construction of transport, water and

energy infrastructure, as amended by law no 209/2006, is amended

as follows:



1. in article 2, the following paragraph 2a is inserted:



"§ 2a



(1) if it is between the applicant for the issue of a territorial decision about the location of the

the construction of transport infrastructure and a participant in the land-use control, which in

This procedure applied the requirement for the construction of related buildings or

to perform construction or landscaping, whose location or

the implementation goes beyond the solution proposed in the plan documentation (hereinafter

"the related construction"), concluded the agreement on the financial contribution of the

This participant on the cost to build a related construction, the

This agreement shall include at least the



and the definition of related buildings) on the financing of the

party to participate,



(b) the amount of the financial contribution on) the costs for the construction of related

buildings or the method of determining the amount of financial participation and its upper

the border,



(c)) the manner and terms of performance.



(2) if it is between the applicant for the issue of a territorial decision about the location of the

the construction of transport infrastructure and a participant in the land-use control, which in

This procedure applied the requirement for the construction of related structures,

concluded the agreement on ensuring the kind this participant must

the agreement contain at least



and the definition of benefits)



(b)) way to provide contributions in kind,



(c)), or term time the provision of contributions in kind.



(3) If an applicant for the issue of a territorial decision about the location of the building

the Building Authority will ask the transport infrastructure of the cutoff of the territorial

the proceedings for the purpose of conclusion of the agreement referred to in paragraph 1 or 2, the construction authority

breaks the territorial control to the time suggested by the applicant. ".



2. in article 3, paragraph 5, including footnote # 4 be deleted.



The present paragraph 6 becomes paragraph 5.



3. In article 3, paragraph 3. 5 the first sentence and second sentence shall be deleted.



4. in article 3, the following new paragraph 3a to 3 c, which include footnotes

No. 6 to 9 shall be added:



' section 3a




The draft Treaty on to obtain the necessary rights to the land or to build according to the

the law governing expropriation ^ 6) in the event that she obtained

rights to the land or the construction of the necessary for the realisation of building traffic

infrastructure, establish the right of the person who converts this agreement

the necessary rights to the land or the construction, on the return of the transferred rights,

If the purpose of the implementation of the transfer will be initiated within 5 years of the conclusion of the

of the Treaty.



section 3b



(1) the amount of the purchase price in the contract if they buy the necessary

rights under section 3a, can be arranged up to a maximum



and prices set by expert opinion) increased by 100% in the case of the land

with the exception of building land ^ 7),



(b)) prices determined by expert opinion, increased by 15% in the case of

^ 7) building site, or construction.



(2) an expert opinion, that is the basis for the design of the purchase price in the

the draft of the sales contract, establishing the price of the usual price for the land, or

construction ^ 8), including all their parts and accessories. The award is

According to the value of the prescription effective on the date of submission of the proposal

the purchase contract, and the price of the land or building in the expert report shall identify

always according to their actual status and the purpose of use to this day; in doing so,

the information shall be disregarded their appreciation or depreciation in connection with

the fact that they are intended to carry out the construction of transport infrastructure.



(3) in the case that the necessary rights to the land or the construction of gain

an exchange contract, the limitation of the amount of the agreed price as referred to in

paragraphs 1 and 2 accordingly. In the case that the necessary rights to land

or receive a contract for the establishment of the construction, modification or cancellation of the

the relevant factual proof, the limitation of the amount of the agreed price

referred to in paragraphs 1 and 2 apply mutatis mutandis.



(4) the restrictions referred to in paragraphs 1 to 3, on obtaining the necessary rights

According to § 3a shall only be used in the event that the purchaser is the United

Republic or a legal entity established by the State.



§ 3 c



If the land or construction needed to carry out the construction of transport

infrastructure to the expropriation shall not be a period in which it is vyvlastnitel

required to initiate implementation of the purpose of the expropriation, referred to in the decision on the

expropriation, longer than 4 years from the decision. Option

extensions of time under the law governing the expropriation ^ 9) by

is not affected.



6) § 5 para. 1 and 4 of law No. 184/2006 Coll., on withdrawal or restriction

ownership of the land or the building (law on expropriation), in

amended by law No 405/Sb.



7) § 9 para. 1 (b). and) and § 9 para. 3 of Act No. 151/1997 Coll., on

the valuation of assets and on amendments to certain acts (the Act on valuation

assets).



8) § 2 (2). 1 Act No. 151/1997 Coll.



9) § 25 para. 6 of Act No. 184/2006 Coll., as amended by law No 405/2012

Coll. ".



5. In section 4, paragraph 4. 1, the number "2" is replaced by "3".



Article. In



Transitional provision



The proceedings initiated before the date of entry into force of this law shall be completed

According to the existing legislation.



PART FOUR



The EFFECTIVENESS of the



Article. (VI)



This Act shall take effect on the first day of the third calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.