What must be included in the proposal for issuing a decision on the tenancy relationship by the owner and the acquirer?
Proposal for issuing a decision on the establishment of a sublease relationship: if the decision on the approval of a simplified distribution plan for the implementation of an accelerated arrangement of ownership and use conditions according to a special regulation has not lost its validity, the owner of the land, to which another plot of land has been allocated for free alternative use, can submit to the district office a proposal to initiate the procedure for issuing a decision on the creation of a sublease in relation to to the existing replacement land in favor of this owner for the time until
a) of the entry into force of the decision on the approval of the implementation of the land improvement project or until a later date specified in this decision
b) deletion of the company from the commercial register without a legal successor
c) the legality of the decision on the removal of the plot of land from agricultural land or
d) transfer or transition of ownership of the land for which the previous replacement land was allocated
What must the owner’s proposal contain
The owner who submitted a proposal according to the options mentioned above shall state in the proposal
a) name of the cadastral territory
b) previous decision by which the previous replacement land was allocated to him for use
c) designation of the location and other information known to him about the existing replacement land
Appendices to the proposal
- a list of agricultural land owned by the petitioner, for which he does not have a lease agreement
- affidavit of non-conclusion of a lease agreement for land according to letter a
Decision of the office
The district office decides that a subtenancy relationship is created if it is proven that
- the petitioner is the person to whom the previous replacement plot was allocated
- the previous decision has not lost its validity
- the applicant owns agricultural land in the cadastral territory at least equal to the area of the existing replacement plot, while the area is calculated as the sum of the areas belonging to the co-ownership shares owned by the applicant on the affected land, and
- the existing replacement plot is identifiable in the field and identical to the simplified distribution plan
If the necessary facts are not proven, the district office will decide that there is no sublease relationship with the existing replacement land.
In addition to the general requirements, the decision contains the designation of the land to which the petitioner has a sublease relationship; an integral part of the decision is the graphic representation of this land.
On the day of the decision’s validity, the previous decision loses its validity.
The applicant is a participant in the proceedings. Decisions are delivered to the petitioner in his own hands. It is not possible to file an appeal against the decision.
The district office keeps records of decisions, applicants and existing replacement plots with which a sublease relationship was established.
A natural person or legal entity that has a lease agreement for this existing replacement land with the owner to whom the previous replacement plot was allocated (hereinafter referred to as the “economic entity”) may act on behalf of this owner in the matter of issuing a decision. If the economic entity submits a proposal in the name of the owner according to paragraph 1, this owner enters the position of the proposer. The lease agreement for the existing replacement plot is attached to the proposal according to paragraph 1. The participant in the proceedings is the business entity and the owner to whom the previous replacement plot of land was allocated. Decisions are delivered to the managing entity and the owner, to whom the previous replacement plot was allocated, in their own hands. The provisions of paragraphs 1 to 9 shall be applied accordingly.
You should know
If the ownership of the land is transferred or transferred after the decision becomes final, for which the existing replacement land was set aside, with which a sublease relationship was created, the acquirer can request the district office to issue a decision that the sublease relationship with the previous replacement land is created in his favor.
The district office decides that the acquirer has a sublease relationship if the acquirer proves that he acquired from the legal predecessor all the land for which the legal predecessor had a sublease relationship.
If the previous decision lost its validity only because of the transfer or transfer of ownership of the land, for which the existing replacement land was set aside, but the acquirer entered into the use of the existing replacement land and this use still continues, the acquirer can submit a proposal to the district office to initiate the procedure for issuing a decision on the establishment of a sublease relationship to the existing replacement land in favor of this acquirer for a period of
a) the entry into force of the decision on the approval of the implementation of the land development project or until a later date specified in this decision
b) deletion of the company from the commercial register without a legal successor
c) the validity of the decision on the removal of the plot of land from agricultural land or
d) transfer or transition of ownership of the land for which the previous replacement land was allocated
What the acquirer states in the proposal
The acquirer who submitted the proposal shall state in the proposal
a) name of the cadastral territory
b) data of the legal predecessor of the acquirer, to whom the previous replacement land was allocated for use
c) the previous decision by which the legal predecessor of the acquirer was allocated the previous replacement land for use
d) designation of the location and other information known to him about the existing replacement land
Appendices of the proposal
- list of agricultural land owned by the purchaser who submitted the proposal, and for which he does not have a lease agreement
- affidavit of non-conclusion of a lease agreement for land
Decision of the office
The district office decides that a subtenancy relationship is created if it is proven that
- to the acquirer who submitted the proposal, the ownership right to the land of the legal predecessor of the acquirer, to whom the replacement land was allocated for use, was transferred by transfer or transition
- the previous decision lost its validity due to the transfer or transfer of ownership to the land for which the previous replacement land was allocated, but the acquirer who submitted the proposal entered into the use of the previous replacement land and this use still continues
- the acquirer who submitted the proposal owns agricultural land in the cadastral territory at least equal to the area of the existing replacement land, while the acreage is calculated as the sum of the areas belonging to the co-ownership shares owned by the acquirer who submitted the proposal on the affected lands, and
- the existing replacement plot is identifiable in the field and identical to the simplified distribution plan
If the necessary facts are not proven, the district office will decide that there is no sublease relationship with the existing replacement land.
In addition to general requirements, the decision contains the designation of the land, with which the acquirer who submitted the proposal has a sublease relationship, an integral part of the decision is a graphic representation of this land.
The party to the proceedings is the acquirer who submitted the proposal. Decisions are delivered to the acquirer who submitted the proposal in his own hands. It is not possible to file an appeal against the decision.
If, after the validity of the decision, there is a transfer or transition of the ownership of the land, for which the existing replacement land was set aside, with which a sublease relationship was created, the new acquirer can request the district office to issue a decision that the sublease relationship with the previous replacement land for a time arises in his favor.
The district office decides that the new acquirer has a sublease relationship if the new acquirer proves that he acquired all the land from the legal predecessor for which the legal predecessor had a sublease relationship.
The district office keeps records of decisions, applicants and existing replacement plots with which a sublease relationship was established.
