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
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:
(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
(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:
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
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
(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
(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
23. sections 24 and 25, including footnote No 20:
(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
(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.
(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:
(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
(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
(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".
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.
Amendment of the Act on speeding up construction of transport, water and energy
Act No. 416/2009 Coll., on speeding up construction of transport, water and
energy infrastructure, as amended by law no 209/2006, is amended
1. in article 2, the following paragraph 2a is inserted:
(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
(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.
(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
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
5. In section 4, paragraph 4. 1, the number "2" is replaced by "3".
The proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
The EFFECTIVENESS of the
This Act shall take effect on the first day of the third calendar month
following the date of its publication.
Němcová in r.
Nečas in r.