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Disposal Regulation (1978:558)

Original Language Title: Förfogandeförordning (1978:558)

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Authorities may decide on disposal



1 § If available to the armed forces Bill decides

The armed forces, the Swedish fortifications Agency and the Swedish defence materiel administration.



Decision on disposal of property, required for such

fortification work or similar work that is not of a temporary nature

may, however, be notified of the armed forces and

The Swedish fortifications Agency.



A decision that the military takes on disposal must be communicated to the

of officers who have at least major's rank or who is

lowest Chief of battalion or other device of equivalent size

or present post of transport Manager or military

Airport, port or station officers. Regulation (1994:393).



section 2 of the Disposal on behalf of others than the armed forces decided,

If the disposal concerns



1. means of transport: by the transport administration, the maritime administration,

Transportation Board or the County Administrative Board in the county where the

the means of transport are available,



2. real estate: from the County Administrative Board in the county where the property

lies,



3. radio equipment: by the County Administrative Board in the county where the

the plant is found,



4. property other than that specified in 1-3 and services: by the municipality,

the county or the State authority that the Government

determines in particular.



Has made available by removing or otherwise,

must also be notified of the decision on the disposal authority for whose

necessary preparations have been made.



Disposal in accordance with paragraph 5 of the first paragraph 5 disposal Act

(1978:262) may also be communicated by road agents.

Regulation (2010:125).



Preferential right to property



section 3 disposal of this property, which, by removing or otherwise has

been prepared for disposal, may not refer to anything other than the intended purpose,

unless the Government decides otherwise or consent of, for

whose needs they are intended, or by the authority has decided

about tryouts or taken other preparatory action.



section 4 makes multiple authorities, municipalities and county councils which have the correct

to decide on disposal at the same time claims to property which is not

prepared for disposal, determined the issue of pre-emption rights in consultation

between them, Can not be reached, the case consensus may be referred to

the Government. If a decision in such an arrangement cannot be obtained or

seriously, the armed forces have pre-emption rights to the property, provided

to the strictly necessary for the business. Regulation (1995:129).



Decision content etc.



paragraph 5 of the decision on disposal shall be drawn up in writing and must indicate the

If



1. the date of the decision and the authority that issued it,



2. the disposal targets,



3. for whose needs the disposal takes place,



4. property or service on which the decision relates,



5. whether or not the property is taken into the claims of ownership or usufruct,



6. in cases where the property is used with access rights, the duration of

the disposal shall include,



7. time and place of inspection,



8. Board of reference.



Indication of the date of the decision may be omitted, if the decision relates to property

as through harvesting or otherwise has been prepared for disposal

and the decision of contingency reasons prepared in peace. Regulation

(1980:513).



section 6 Shall be delivered at the disposal of the property, the decision on disposal

indicate the time and place of delivery. Follow with

disposal of other obligations of the owner or holder of

property, must accordingly be taken into the decision.



The decision must also include provision for measures to be taken,

If the obligation referred to in the first subparagraph cannot be fulfilled.



section 7 compensation for disposal shall be determined according to the tariff, it shall

the remuneration indicated in the decision. In such a case, the

the decision also specify what action should be taken at

the decision on compensation and whether the second paragraph of section 34

disposal Act (1978:262) given the opportunity to question of

National Board of review of the valuation allowance.



If the decision on the disposal of emergency reasons prepared in peace,

need compensation does not appear in the decision. In such a case, the decision

If the amount of compensation must be provided at the latest when the property delivered or

becomes vacant. Regulation (1980:513).



§ 8 Shall be determined, compensation in the event of disposal of the Rating Board, shall

the decision on disposal include the procedure for

representation of claims for compensation.



§ 9 decision on disposal shall be served with the disposal are addressed

against.



Decision on disposal shall be submitted to the County Board in the county where the

with the disposal intended property is located or where it with the disposal

intended service or operation is to be carried out.



section 10 provisions of 5, paragraphs 8 and 9 shall apply mutatis mutandis to the

question about the decision on the outline.



section 11 of the person receiving the property, operation or service decision

disposal shall issue a receipt on receipt. The recipient is not

the same authority which has issued the decision, transcript or copy of

the receipt will be sent to this authority.



section 12 of each authority, municipality or county councils referred to in paragraph 1 or 2

shall keep a record of cases of disposal. The cases shall be

up in numerical order. For each case, decisions and other action

recorded. Copy of decisions and other documents in the file,

supplied with case number and brought together in one act. When the Act or

any document from that provided to other authority, municipality or

County Councils, this must be noted. Regulation (1995:129).



Tariffs



paragraph 13 of the Tariff set by the national evaluation Committee after consultation with the State

price and restrictive practices Board.



section 14 Of the Act contains provisions on the Declaration of taxas (1976:633) if

publication of laws and regulations and in

the Constitutional Assembly Ordinance (1976:725).



Inspection



section 15 of the Inspection shall be made of the property referred to with.

Inspection shall also be made, if compensation is claimed for damage to

as a result of the prohibition on disposition incurred property referred to with

ban. Regulation (1980:513).



section 16 of the Inspection shall be carried out by three Trustees, subject to

third paragraph.



Of the good men to be appointed one of the for whose needs the disposal is done and a

of the disposal. Addressed the disposal against multiple

and can these parties do not agree on who should be appointed as trustee

or would a party does not appoint a guardian, appointed him by the County Administrative Board

specified in section 9 of the second paragraph. They thus nominated good men appoints the

the third.



In the case of property which, by removing or otherwise has

been prepared for disposal, or where the remuneration shall be determined in accordance with

rate, the survey conducted by a good man. He is appointed by the

authority that receives property from persons that the County Administrative Board in

advance has designated for this purpose. Admits the facts not

inspection by good men, the survey by

the receiving authority. Regulation (1983:808).



section 17 of the survey should be taken.



In the minutes shall set out



1. the nature of the value at delivery and, where

case, upon return,



2. cost of action referred to in section 12 and section 13, first subparagraph, first

sentence disposal Act (1978:262),



3. other circumstances that may be relevant to the issue of compensation.



section 18 of the Protocol on inspection shall be forwarded to the disposal is addressed

against, for whose needs the disposal is done and the County Administrative Board provided

in section 9, second subparagraph.



Local valuation panels



§ 19 in each county are local valuation committees to the number and

the spheres of activity laid down by the Administrative Board after consultation with the

The Swedish armed forces. Regulation (1994:393).



section 20 of the Chairman and other members of local valuation Board, replacement

for them, as well as the State's representative before such Board are appointed for three years by the

the County Administrative Board after consultation with the armed forces.



The County Board shall provide the national valuation Board a list of

local valuation panels indicating the members, alternates and State

agents. Regulation (1994:393).



Handling of compensation matters



section 21 of the application for compensation is not payable for fare is made of

the County Administrative Board provided for in article 9 of the second paragraph. In the application shall be stated

the compensation requested. To the application shall be accompanied by the receipt referred to

in section 11. Invoke the application of § 38, second subparagraph, second sentence,

disposal Act (1978:262), the application shall include the reasons invoked

therefor.



section 22 of the County Government sends the application, the decision on the disposal,

inspection report, receipt and other documents to the

Evaluation Board shall review the case.



section 23 of the Valuation Board may call individual interest owners, Government representatives and

expert to be heard orally before the Board. The Board may also make

vision and do an inspection of the property.



To hearing, vision and inspection individual interested parties and

the State's delegates are called.



section 24 Individual case owners and expert who appear before

the measurement Board is entitled to reimbursement of public funds under the

basis to that of compensation to witnesses.



section 25 of the Single party, the State's Attorney and the County Administrative Board has to

pay out the compensation shall be informed of the Committee's decision on valuation

replacement case.



Payment of compensation



section 26 of the compensation will be paid by the County Administrative Board referred to in section 9, second subparagraph

in compliance with §§ 41-44 disposal Act (1978:262).



Before payment is made, the County Administrative Board to the extent

the circumstances call for it to investigate whether other than that


the disposal is directed has the right to it with the disposal intended

the property.



Reduction under paragraph 43 disposal law made, if not

agreement on apportionment has been made within one month from the

the decision has become final.



paragraph 27 of the compensation that the County Board have paid out because of

the disposal of the armed forces ' needs, the County Administrative Board has the right to obtain

back of the armed forces. Regulation (1994:393).



Obligation, etc.



section 28 of the Task according to § 45 disposal Act (1978:262) must be submitted

to the authority, municipality or county that receives the property when

This delivered or will become vacant, unless the authority, municipality or

the County Council admits that the task be given later. The task is left on

form laid down by the armed forces. Authority, municipality of

or the County shall send a copy thereof to the

the County Administrative Board provided for in the second subparagraph of article 9 of this regulation.

Regulation (1995:129).



section 29 If an authority, municipality or county that may decide if

disposal finds that an action referred to in paragraph 46

or the first or second paragraph 47 § disposal Act (1978:262),

the authority, municipality or County to make request for

the action of the County Board as set out in the second paragraph of section 9 of this

Regulation. Regulation (1995:129).



Specific provisions



section 30 is being restricted by available railway, channel, aviation fixed

or other traffic construction facilities to serve the public, the

the County Administrative Board in the county where the facility is informed of

the relationship of the authority which has issued the decision.



section 31 of the Swedish civil contingencies Agency shall, after

consultation with the relevant central authorities draw up a

list of experts who can be hired by the Rating Board.



The list shall be revised every two years. It shall be provided

evaluation boards and provincial governments. Regulation (2008:1087).



32 section defence forces shall, in respect of disposal determine

forms to forms and to develop information.

Regulation (1994:393).