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Law (1952:166) If The District Commons

Original Language Title: Lag (1952:166) om häradsallmänningar

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General provisions on County Commons.



section 1 Of this Act, of course, the district common by age

comprising the district common.



Government Announces rules on which County boards that

responsible for the information under this Act. Law (2012:78).



section 2 of the district common belongs to the owners of the properties within the County which

are set in mantal or with whom, according to what in real estate training

determined, entails the right to participation in common.



With the County of course here the area, which the County included according to

age regarding the district division.



The owners of the properties specified in the first subparagraph shall enjoy participation

in common after oförmedlade farm's or, in the case of

real estate for the right to participation determined at

real estate training, after statutory basis in this regard.



By ancient custom, the judgment or of the Government notified

Regulation or in any other legal way otherwise than above, particularly

on the right of participation in the relevant County common. Team

(1975:678).



section 3 Is the right to participation in the district common connected with real estate

that innehaves with the entailed estate law or with constant or inherited

tenure or as living place, mode tillgodonjuta holder

the said right as well as on issues concerning common exercise voting rights for

the property.



paragraph 4 joint owner may assign his rights on the other for participation in

the district common otherwise than jointly with the property by which the right

is United. The transfer happens in battle in that regard either ogill.



Notwithstanding now prescribed may partner on the other leave the right

to dividends from the district common to which they are entitled. Such

the transfer does not apply to the new owner or owners of the property, however,

that, where the transfer took place through agreements under which access rights

granted to the property, the transfer shall, unless otherwise agreed,

apply as long as the right of owning stocks. Transfer here means

entails no additional power to exercise the right to vote in shareholder issues

concerning common.



section 5 of the district shall be maintained where there is no common unabated here below

different provisions. The district common may be saddled with mortgage or

registration of rights nor be taken into the test for the other claim than

such for which enjoyed preferential rights pursuant to section 6 of the Act 1 förmånsrätts

(1970:979) to the payment out of the common. Law (1970:1016).



6 § associates the right to not be jurisdictional district, where the common law of

in particular cases, different provisions, available to be used for associates

common count.



Have someone by immemorial custom, judgment or of the Government notified

Regulation or otherwise lawfully obtained the right to in particular

regarding the use of the applicable County common.



Some owners either not required to contribute from their own resources to counter

expenditure of the common. Act (1975:678).



section 7 of the district common together with what from common härflyter shall

managed by a Board of Directors elected by the shareholders in accordance with the common regulations,

as for every hundred common fixed point tag in the order below, said.



The common exercise of discretion, the Board members on all matters in

the decision-making power is not reserved by law or by the regulations

some owners. In cases where the decision-making power is exercised on the part of the owners will be charged

the common meeting.



On the relief of the right to participation in the district common



section 8 Is the right to participation in the district common associated with

property that is not taxed as agricultural unit, Mon

the County Administrative Board, on the Board of Directors and production of common rail

After hearing of the property's owner, or in paragraph 3 of the omförmäld

holders of the property, order that the rights of participation

shall be replaced in return for remuneration in money.



The amount fixed by the County Administrative Board of that establishment and shall

be determined for two and a half times the total value of the

on the property's participation numbers attributable to dividend from

common for the last past ten years. The County Administrative Board

to expose certain day, then dissolved last of the saints shall have

paid and proof thereof submitted to the County Board at the penalty

that such relief is otherwise due.



When the decision has become final absolution and evidence

referred to in the second subparagraph have entered into the County Administrative Board, shall

the County Board shall immediately take the necessary steps to a

note of resignation shall be entered in the

General part of the register of real estate.



Provisions as to who shall enter data in the

real estate register public component, see Chapter 19. 6 §

real estate formation Act (1970:988). Act (2005:1209).



If the disposal and acquisition of land



section 9 To the district common related area may be disposed of by

sale or otherwise, of considerable benefit for shareholders

Thus vinnes and divestiture non countries forest management on

common to but or otherwise special reasons exist

to the sale. The right to decide on such a sale

accrue to shareholders. Act (2000:230).



section 10 If co-owners want to acquire land for the district common rail

expansion or for other important purposes of common,

they may decide thereupon. Decision-making power in such regard

, there is also the common Board of Directors, if regulations consents

the. Act (2000:230).



repealed by section 11 of the Act (2000:230).



section 12 is repealed by Act (2000:230).



13 repealed by Act (2000:230).



14 repealed by Act (2000:230).



section 15, subsection 1. repealed by Act (2000:230).



section 15, subsection 2. repealed by Act (2000:230).



15 § 3. repealed by Act (2000:230).



16 repealed by Act (2000:230).



section 17 was repealed by Act (2000:230).



If the yield and other income by County common



section 18 Of the district common return is counted in this law all the

income in kind or in money, obtained by assimilation

of members entitled to a common purpose, in so far as such

for joint account, with the exception of property income

härflyter from common.



To capital income of hundred common attributed in this law means that

received through the sale of land from the common, compensation for land

as by compulsory purchase, redemption pursuant to the Act on the right in some cases for

the disposal to redeem during the usufruct upplåtet area

or other similar procedure happens from common as well as compensation

for the right of use or easement that through such a procedure is primarily

on the common as well as compensation for damage or intrusion by

such a procedure is determined to be paid in money at one time.



19 § Retained returns may be used or a Fund for distribution to

allmänningens all partners after their participation in the common

or for any other purpose that is for the benefit of the shareholders.



20 § right to decide about the use of retained returns are subject

some owners.



Like some owners use funded returns for purpose other than,

for which the funding takes place, either decision thereupon non valid, with

less it been advised by voters for a total they amount,

constituting at least two thirds of the allmänningens the entire participation numbers.



section 21 Associates decision-making power under section 20, except for the cases

referred to in the second subparagraph, by the regulations in whole or in part uppdragas for

common Board.



section 22 Capital income shall be used or a Fund for

the Chief Executive of basic improvements, on the common or

the purchase of land for allmänningens expansion or for other

the like purposes. It is the County Administrative Board to on

the production of common rail Board announce closer

regulations about this.



On land acquired for capital income is sold,

the purchase price shall be deemed to constitute capital income.



In the case of interest on capital income and on return of land

referred to in the second subparagraph, the provisions of §§ 19-21

applied. Act (2000:230).



If the common Board of Directors, auditors and common meeting



section 23 of the members of a common Board of Directors shall be residents

in this country, if not the County Board for a particular case

admits something else. Members may not be minor or

have managers under Chapter 11. 7 § parental code.



If a common general meeting so decides, a member of a

common Board separated from his duties before the time of

the Mission has expired.



If a Board member resigns before the time of the Mission has gone

out and there is no substitute, the other

Board members immediately see to it that a new Member is elected for

the time that remains. If the Board is still valid and if it

not contrary to the provisions of the regulations, the selection

postponed until the next regular common meeting.

Law (2002:370).



section 24 of the common board mode to himself or by proxy not less

vis-à-vis third parties acting on behalf of shareholders than even before courts

and other authorities representing the shareholders.



To the Board of Directors dear shareholders, the Board of Directors of utlyse common meeting

for the election of delegates to the dispute bringing some owners ' action. Subpoena shall

be deemed to have been served when the talks on the meeting. Law (1970:436).



section 25 Board Member mode not participate in the consideration of the question concerning the

agreement between him and the shareholders. Nor may he participate in

the consideration of the question concerning the agreement between the parties and third parties;

where he owns a substantial interest in the matter which may be contrary to


some of the owners. What thus prescribed mode also apply with regard to

trial or other proceedings against the Board member or any third party.



section 26 of the Board members who by exceeding them additional

power or otherwise willfully or negligently introduce

some owners damage Svar for damage one for all and all for one. What now

been said shall also apply, where styrelseldamöter introduce third party damage

by breach of this Act, the regulations or any other regulation, as the

authority established under this law or announced.



paragraph 27 of the Common School Board's management and accounts be audited by

two or more auditors appointed by the shareholders or the

the regulations stated.



May it not be Auditors, who are executives of the parties or

during the sistförflutna year has held accounting or financial management

for them, or that Office, a subordinate or dependent

Member of the common Board or senior management of

the shareholders, to whom assigned to provide such records or

financial management, or control over, nor Board members

or such Executive's spouse or, as with him is in the correct

up-or lineal kinship or affinity or are his siblings

or with him is in the affinity, that one is married to the other's

siblings.



The time for which the auditor is appointed may be deleted before the next regular

the common meeting.



The auditor may, nonetheless, that the time for which he has been appointed not gone to

right, separated from the mission by decision of the person or persons designated

him.



Departing of the shareholders elected auditor before the time for which he has been elected

gone to the end and there is no substitute, it is the responsibility of the common Board of Directors

be required to make provisions for the election of a new auditor.



section 28 of the common Board of Directors shall annually, within time, as shown in

the regulations, to the Auditors deliver one of the members of the Board of Directors

signed annual report for the past fiscal year

as well as accounting of revenue and expenditure.



section 29 of the common Board of Directors must give the auditor the opportunity to

time count the cash and other assets remain under

the Board's management, and review all of the management consulting

books, accounts and other documents. The auditor requested information

regarding the Management Board may not be refused.



At the completion of their mission have Auditors to ask to

This Institute the specific regulations of the shareholders will be notified and not

refer to the restriction of their statutory powers or otherwise be inconsistent

against regulatory action or against the regulations.



The Auditors school for each fiscal year within the time determined in

the regulations give and transmit to the Board, one of them signed

report of the review.



section 30 of the Hava Auditors in their report or other document

framlägges on the common meeting provided false information in bad faith

or intentionally failed to make remarks against such a task in

document which of them reviewed, or have they in the performance of their

Mission demonstrated negligence, either those who let things get to the load

some owners responsible for any consequential damage arising, one for all, and

all for one.



section 31 of the regulations may be determined that some owners ' decision-making powers on

common meeting of shareholders shall be exercised by the District Attorney, appointed on

shareholder meetings for specific districts.



32 § Å shareholder meeting mode everyone owner or in paragraph 3 of the omförmäld holder of

property within the district, with the right to participation in

common are associated, voting rights after the Foundation of the said participation,

where not otherwise provided below in this section.



For minor shareholder vote guardian has the appropriate property

During his administration, or where several such guardians exist, the

they are among the elect. For co-ownership, company or community

may more than one person to exercise the right to vote.



Absent shareholder voting rights may be exercised on the meeting by proxy. Not Mon

However, some because of proxy voting for more than one partner.



Not feel any of the other shareholder meeting for own or else exercise the right to vote

For more than a tenth of the entire participation numbers that are represented on the

the annual general meeting.



33 § What in 32 § Ordinance regarding the shareholder general meeting, shall be equivalent to

application in respect of the common meeting, our decision-making power is exercised

immediately by the shareholders.



section 34 on the common meeting, where the decision-making power is exercised through

distrktsombud, mode such agents exercise their voting rights for the participation numbers

as regards common total falls to shareholders of the

District for which the representative is appointed. Priority on meeting district of

several agents, mode these vote for equal share of said speech. Single

However, the part-owner obetaget, either itself or through agents, on meeting

exercise the right to vote for him the additional participation numbers, which in this case

deducted from the appropriate District delegate votes.



section 35 Not feel any himself or by proxy, or as agent for the other, on the

common meeting of shareholders to participate in the consideration of the question concerning the agreement between the

him and the shareholders. Nor may he participate in the treatment of the question

regarding the agreements between them and third parties, where he in question possesses a

substantial interest that may be contrary to some owners. What thus

specified mode also apply with regard to the trial or other

proceedings against him or third parties.



Member of the common Board of Directors may participate in the decision on discharge

for administrative action, for which he is responsible, or in the choice of

Auditor.



36 § Ordinary common meetings shall be held once a year, on time, which

determined in the regulations.



On the other hand, such a meeting of the Board of Directors for the school, common rail

the past financial year, together with thus annexed financial statements and

Auditor's report for that year, and shall be presented on the meeting

the issue of granting discharge to the Board of Directors of the time

the directors ' report includes representatives of AGA's opinion.



That question should be deferred to the continued meeting on a particular day, at least

four and not more than eight weeks, then, if so demanded by the voters for a

in total they amount, representing at least one tenth of the

allmänningens the entire dalaktighetstal. In addition to this time not because of suspension

permitted.



Choice of the common Board of Directors and Auditors may represented the AGA's only on regular

General meeting, however, that the by-election as the last paragraph in section 23 and section 27 of the fifth

subparagraph provided may take place on the extraordinary general meeting.



37 § Common board mode, when it sees fit, call additional

the common meeting.



The Auditors may, if their review gives rise thereto, in writing,

an indication of the reason is that the Board of Directors shall convene extra general meeting

be held as soon as it is in compliance with the prescribed notice period can take place.

Responding to the Board not within one week of such påfordran, mode the Auditors

the launch meeting. Are not all Accountants agree sued

the proclamation, which relates the most to unite, or if equal

the number of votes their meaning as deem extra general meeting should be held.



Extraordinary meetings shall be convened by the Board of Directors and since retired ändammål

demanded in writing by part-owner with the total they amount,

representing at least one tenth of the allmänningens the entire participation numbers, or

the lesser part thereof as may be specified in the regulations.



The county administrative board mode and, where they exist, needful, may ask the common Board of Directors

to call extraordinary general meeting. Complies with the common Board not within a

week such a request, the County Board meeting may declare itself.



38 section Fails the common Board of Directors in the prescribed order, call

ordinary general meeting the Board of Directors has not common or last two weeks

After påfordran as in paragraph 37 stated that the extra general meeting announced

be held as soon as it is in compliance with the prescribed notice period may be made,

is the County Administrative Board, on the notification of partners, immediately call

Sue.



The foregoing shall also apply, if not shareholder meeting

fill in the prescribed order.



If regulations



section 39 common regulations for the district shall, in addition to what follows from

the provisions here above, specified:



the place where the common Board of Directors shall have its registered office;



how the Board of Directors shall be assembled, the time for which the Board of Directors shall

appointed as well as the foundations of its quorum and voting;



the number of Auditors and for what time these school is appointed;



the time for clearance;



the location of the holding of the annual common meeting;



the manner in which notice of the common meeting should take place and the time

before the meeting, then the statutory notice of actions last school to be taken;

as well as the



in which case on the common meeting of shareholders feel represented non-Aga case specified in

notice of the meeting.



Be right according to the regulations on the common shareholders general meeting

be exercised by the District Registrar, the regulations also contain

rules about the order in which these school appointed.



section 40 of the co-owners shall draw up proposals for regulations. The proposal shall

submitted to the County Board for review and approval. The County Administrative Board

shall examine whether the proposal is lawful and appropriate. The County Board may

make the changes to the proposal as needed. Law (1990:90).



41 § länsstyrelsen may allow a prescribed regulations changed.

Request for amendment of the regulations may be made by the shareholders or the

a minority of them, as determined in the regulations. Have the petition made


of a minority, the shareholders have the opportunity to be heard before the case

is determined. Law (1990:90).



If an action against the common Board of Directors and Auditors



42 § man be action on common Board of management during the period

management report covers not employed within six months of the

the story was presented on the common meeting of shareholders, be so considered if

the discharge has become the Board granted.



Notwithstanding therefrom, that the discharge is granted, feel such an action on the

management, which is based thereon to the Board of directors committed criminal

action, able to be employed against him, where there is no discharge

apparently intended the storyline.



43 § proceedings against the auditor under section 30 may be employed for two years

After the Auditors ' report was presented on

common tune, but so is the action based thereon, to criminal

the Act has been committed.



Legal venue



44 § co-owners in the district common school in the objectives, for which no

otherwise, by law, be governed by the General Court in the place where the

the common Board of Directors has its seat.



If some of the parishes being those Commons



section 45 Has the district common according to the Government's consent, shared between

parishes within the County under condition that each parish assigned

the common lot not fingering is shifted between the houses in the parish, in

This law is an excuse if the district common mutatis mutandis if

such to the parish hearing common.



For each such common shall in the order in which section 40 of the undertaking in derogation

and lay down regulations containing provisions concerning allmänningens

management. Act (1975:678).



46 repealed by Act (1975:678).



On appeal



47 § 1 mom. Says co-owner to decisions taken on the co-own-or

common meeting non established properly or otherwise conflicted

against regulatory action or against the regulations, may he in

the County Administrative Board to bring an action against the decision by appeal, which, together with the decision

school have received within one month of the day. Neglected it,

If the right of action is lost. Still, that the action against the decision, suggested to

the go in enforcement, where there is no County Government ordains differently.



Ruling whereby the co-own-or common meeting repealed or

changed Supp likewise for the shareholders who have not complained.



section 47 subsection 2. An administrative decision under this Act, or

According to regulations issued under the Act may be appealed

in general administrative court.



Leave to appeal is required for an appeal to the administrative court.

Law (1995:13).



Transitional provisions



1952:166



This law shall enter into force on January 1, 1954; before that, however, may already

draft regulations in accordance with the provisions of the undertaking, and

be determined.



By this Act the Act were repealed on 13 May 1932 (No. 107) if

County Commons. That law will still be applicable

in case of violation of the law committed before 1 January 1954.



Own under contract, concluded before 1 January 1934, tenant of

Crown belonging to agricultural domain or ecklesiastikt pay stay place right

to tillgodonjuta to the domain or rather than hearing a share in

the district common, if the lessee is entitled to for the duration of the agreement

terms of exercising the voting rights of the landowner in subsequent issues of

common.



Where in the law or Constitution appears reference to statutes

replaced by a provision in the new law, the provision of

rather than applied.



1990:90



This law shall enter into force on 1 July 1990.



In the case of appeal against a decision given before the date of entry into force

for older regulations.



Questions, which, under the provisions of the regulations shall be considered by the

the Government should instead be tried by the County Administrative Board.



1995:13



This law shall enter into force on 1 april 1995. Decision given

before the entry into force in accordance with the provisions of the older appeal.



2000:230



1. this law shall enter into force on 1 July 2000.



2. the provisions of paragraphs 14 and 15 shall, however, still

apply in respect of land that has been incorporated with the district common,

or such parish common land referred to in section 45, by

writ granted before its entry into force.