93/1992.



LAW



of 18 May. February 1992,



amending and supplementing Act No. 229/1991 Coll., on the adjustment of ownership

relationship to the land and other agricultural property



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



Article. (I)



Act No. 229/1991 regulating ownership of land and other

agricultural property, shall be amended and supplemented as follows:



1. In article 1 (1). 1 (b). (c)) before the word "economic" the words

"residential and".



2. In article 2 (2). 1 at the end of the dot is replaced by a comma and connect

the words "unless otherwise provided by law.".



3. In section 4, paragraph 4. 2, after the word "person" following a comma and the words "referred to in

paragraph 1 "are replaced by the words" whose property went from 25.

February 1948 to 1. January 1990 to State ownership or other legal

persons in the cases provided for in § 6, ".



4. in paragraph 4, the following paragraph 4a is inserted:



"§ 4a



(1) in the enforcement of the right are the institutions of the State administration and

the legal entity to which passed the ownership or usufruct, shall be obliged to

give to the one who claims to be an entitled person, assisting, in particular by

that provide extracts from the register and a copy of documents, as well as other

resources that can contribute to the clarification of the matter.



(2) if the person referred to in paragraph 1 clearly demonstrate its

entitled a statement of official records, land Office as it writes

the alleged owner.



(3) on application by the owner of the land Office of his alleged

the decision may accept ownership to land, the Czech Republic and another

the assets of that person if the putative owner:



and shall submit the decision on the inheritance) or a contract, which is illustrated by the

rights of ownership, proof of contract or proof of another legal act of the

the acquisition of the ownership of that person or its legal predecessor,

If there were no legally effective conversion only for the lack of writing to

the land register or the register of real estate



(b)) proves that in fact there was a division of property between the usage

the co-owners or the exchange of land, and to convert not only because

He was not retained for the prescribed procedures,



(c)) proves that he himself or his legal predecessor had land, stands

or other property in the possession of and cannot provide proof of ownership,

because it was not implemented either write control, or it has lost

or any damage or destruction of the cadastral or land operátů.



(4) the Property referred to in paragraph 3, it is possible to recognize when no in case

court proceedings and the putative owner shows ownership in land,

the Czech Republic, or other proof of ownership of the assets last his or

his immediate predecessor, and this fact is the following declaration

that is the owner or co-owner of the land, crops, or

other property and that is taking on all the legal consequences of putting

false information.



(5) if the authority does not recognise a land ownership in accordance with paragraph 3,

the suspected owner with his claim to the Court. The procedure for this claim and the

whether the purported owner of an entitled person, court. ".



5. In section 5, paragraph 1, the following paragraph 2 is added:



"(2) a person who holds property pursuant to paragraph 1, shall be:



and) a legal person, which was the effective date of this Act to

real estate owned by the Czech and Slovak Federal Republic,

The Czech Republic or the Slovak Republic the right or right of management

permanent use,



(b)) in respect of other immovable property of their owner. ".



The former paragraph 2 becomes paragraph 3.



6. In article 6 (1). 1 (b). (g)) at the end of the words "or connect the

the property passed to the State pursuant to Act No. 183/1950 Coll., on property

zanechaném on the territory of the Czechoslovak Republic by persons optovaly

for the Union of Soviet Socialist Republics and resettle on his

the territory ".



7. In paragraph 6 (1). 1 (b). about), after the words "the provisions", the words "or

without the payment of compensation ".



8. In section 6 (1). 1 (b). with) at the end of the dot is replaced by a comma and the paragraph

1 the following letters t), and u) are added:



"t) commandments to the use of legal persons on the basis of Act No. 55/1947

Coll., to help farmers in the implementation of the agricultural production plan,

or a governmental regulation No. 50/1955 Coll., on certain arrangements for the

ensure agricultural production,



u) conversion to stand together used singular forests and forest

co-operatives in the territory of the Czech Republic, if the members of the cooperative were exclusively

natural persons. ".



9. in section 6 (1). 2 at the end of this sentence connects:



"For persons who qualify for the exemption of the agricultural property of

confiscation in accordance with special regulations, 9) must be considered for the purposes of

This Act, as well as citizens of the Czech and Slovak Federal Republic,

who have permanent residence on the territory of the Czech and Slovak Federal

Republic and which have been confiscated agricultural property and were not

convicted under the specific legislation. ^ 9a) If this thing was already

before the decisive period allocated in the framework of the laws of the land

reforms, resolving the claim of these qualified persons according to § 12. ".



"9a) Regulation SNR No. 33/1945 SB., about the punishment of fascist SNR

criminals, traitors and collaborators of invaders and on the establishment of the people's

the judiciary, as amended. ".



10. in paragraph 6 of the deleted paragraph 3. Paragraphs 4, 5, 6 and 7

become paragraphs 3, 4, 5 and 6.



11. in article 7 the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the Czech National Council shall be empowered to act adjusted the restitution

assets of Czechoslovak citizens permanently living on the territory of the United

the Republic who lost their assets according to the decrees of the President of the Republic No.

12/1945 Coll., on confiscation and accelerated distribution of agricultural property

The Germans, Hungarians, as well as traitors and enemies of the Czech and the Slovak nation,

or no. 108/1945 Coll., on the confiscation of enemy property and Funds

national reconstruction, neprovinili against the Czechoslovak State and acquired

back citizenship pursuant to Act No. 247/1948 Coll., on the nationality of persons

the Hungarian nationality, Act No. 194/1949 Coll. on acquisition and loss

Czechoslovak citizenship, or of Act No. 34/1953 Coll., which

Some people take the Czechoslovak citizenship, if

not already a constitutional Presidential Decree No. 33/1945 Coll.,

on the adjustment of Czechoslovak citizenship of persons of German nationality and

Hungarian. ".



12. section 8 (2). 1 reads as follows:



"(1) at the request of an authorized person the Court decides that it is inherited

the ownership right on real estate owned by natural persons, that it

acquired from the State or other legal entities, which it acquired for

the circumstances referred to in paragraph 6, in those cases where a natural person has taken

real estate either at odds with then-applicable regulations or on the basis of

the unlawful advantage of the transferee, as well as the relatives of that person

person, if they passed or was transferred to the ownership of or personal

the use of this property. The proposal shall be applied until 31 December 2004. December

1992, otherwise the right shall cease to exist. ".



13. in § 8 para. 2 shall be replaced by the words "original owner" words

"competent person" and the words "original owner" with the words "authorized to

the person ".



14. § 9 para. 6 read as follows:



"(6) the Office against the decision of the land referred to in paragraphs 3, 4 and 5 is

meant to appeal to the Court. ".



15. in section 10, paragraph 1. 1, after the word "Administrative", the words "and notary".



16. in section 10, paragraph 1. 2 at the end of this sentence connects:



"Exempted from court charges is whether or not the person petitioning their rights

According to section 8, if the Court ruled in its favour. "



17. section 10 shall be renumbered as § 21a and the following for section 21.



18. in § 14 para. 1, after the word "issue", the words "or that

are no longer present or have been transferred to a person who is not required to issue ".



19. in article 15, paragraph 2. 1 and 2, after the words "comparable permanent crop"

the words "same culture".



20. In article 16(1). 1, after the word "provided", the words "authorized to

the person ".



21. in section 16(1). 4, the words "one year" shall be replaced by the words "six

months ".



22. In article 16(1). 5 delete the words "or settled" and the words "one

the year "shall be replaced by" 60 days ".



23. in section 19 shall be inserted after paragraph 3 of the new paragraphs 4 and 5 are added:



"(4) If it is not possible to ensure the owner of agricultural production

earmark for technical reasons, his own land, this may

owner, unless the consent of the land Office after the opening

control of the land grant to the ^ 17a) limited lease

lots of other owners. This time-limited rent ceases at the latest

the effective date of the decision on the approval of land consolidation. Way

financial settlement by regulation determined by the Government.



(5) the decision of the land to the authority pursuant to paragraph 4 shall examine, on a proposal from

the owner of the land, whose land was assigned to a time-limited

the Tenancy Tribunal. A petition for judicial review does not suspend. ".



"17a) section 6 of the Act No. 283/1991 Coll., on the land and

land offices.



section 7 of the Act SNR No. 330/1991 Coll., on the land, the arrangement

land ownership, land offices, the plot and the

land communities. ".




24. in section 20 (2). 1, after the word "agricultural", the words "or

forest ".



25. In section 20 (2). 2 shall be replaced by the words "this amount" by the words "of the amount,

the compensation paid, "and the words" one year "by the words" 60 days ".



26. in section 20 (2). 3, after the word "agricultural", the words "or

forest ".



27. in section 20 shall be inserted after paragraph 3, paragraph 4, which reads as follows:



"(4) in the event that the property is not in the use of legal persons under

paragraph 2, which is to provide compensation in accordance with paragraph 1, it may

the person entitled to claim compensation from the entity and State-live

the dead inventory to ensure agricultural production without the restrictions laid down in

paragraph 3. '.



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



28. in paragraph 22 of the paragraph. 2, after the word "owner" shall be replaced

"agricultural parcel", the words "real estate" was replaced by "was

a plot of land "and the word" released "is replaced by the word" published ".



29. in paragraph 22 of the paragraph following paragraph 4 is added:



"(4) is located on a plot of permanent crops belonging to the necessary

plant gene pool or if the land is used exclusively to produce

new landraces, ^ 23a) cannot notice period for termination

submitted by the owner, to end before it reached the purpose for which it was

land used for day 1. February 1992. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6, and the reference to section 22

paragraph. 4 is added:



"23a) § 6 para. 1 of Act No. 61/1964 Coll., on the development of the vegetable production. ".



30. in paragraph 22 of the paragraph. 5, after the words "paragraph 3" the words "and 4".



31. in section 22, the following paragraph 7 is added:



"(7) absence between the current user and the owner of the property, with

the exception of agricultural land, to the other agreement, the effective date of this

Act or the date when the property referred to in part II of this Act

released, among them the lease, which can at any time terminate.

The notice period is three months. The notice period will commence on the first day

the month following the delivery of the notice. ".



32. In paragraph 2 of article 23. 1 shall be inserted after the word "deleted" the words "or

devalued "and after the word" eliminate "the words" or debased. "



33. In § 24 para. 2 the words "comparable growths" are replaced by the words

"comparable permanent crops of the same culture."



34. section 27 para. 1 and 2 read as follows:



"(1) the user of a flat, non-residential premises, building or construction, which in

accordance with the building regulations made at his own expense adjustments, which

the flat, non-residential premises, building or structure, shall be entitled to assess the

to pay the assessment, if the right of use to him.



(2) if the apartment, commercial space, building or construction at the date of

the end user rights scrapped more than the normal

wear and tear, the user is obliged to pay to the owner of the premises

flat, non-residential premises, buildings, or the construction of a replacement for this

write-down. ".



35. in section 28 shall be added to § 28a is inserted:



"§ 28a



Unless this Act provides otherwise, provide compensation under this

the law in force at the date prices 24. June 1991. ".



Article II



This Act shall take effect on the date of publication.



Havel, v. r.



DUBCEK in r.



Čalfa in r.