Tasks of the Office
Reprezentation of the government
In accordance with the Act No. 201/2002 Coll., the Office of Government Representation in Property Affairs (Office) represent the Czech Republic, its government constituents and municipalities by acting for them at court hearings and similar proceedings, provides legal advice and prepares positions regarding property-related matters according to the demand of other government constituents and state organizations and other special agenda set by Act No. 201/2002 Coll., and by the other legal regulations.
Legal proceedings
Exclusive proceeedings of the Office - in this cases given by the Act No. 201/2002 Coll., ascend the Office for government exclusively at court hearings and similar proceedings in the state property matters instead of a government constituent appropriate to manage this property.
Concluded proceedings - the Office could conclude with the appropriate government constituent that it will proceed at court hearings and similar proceedings in the property matters instead of this constituent.
Accesory engagement - the Office could in civil court hearings ascends for government as accessory privy in whichever property matters cause, with which manage government constituent or Land Fund of Czech Republic, if the state has the legal interest at the result of these hearings.
By the amendment No. 120/2004 to the Act forming the Office of the Government Representation in Property Affairs published in the Collection of Laws of the Czech Republic on the 19th March 2004 the Office was authorized to provide legal help at procuration of municipalities. The amendment was initiated by the situation of municipalities in relation to property claims of Prince Kinsky, who seeks from the Czech Republic property in the estimated value of more than CZK 40 billion.
Legal proceedings from the title of managing state property - the Office acting at court hearings and similar proceedings form the title of the Office by way of government constituent appropriate to manage state property according with the Act No. 219/2000 Coll.
Property management
The Office manages large amounts of state property. The number of real properties alone is almost a quarter of a million. The methods used to manage the state property are strictly stipulated by legal regulations.
The aim of the Office is to administer only the property that is necessary or strategic for the State, or represents continual benefits for the State in the future. The property unnecessary for the State is, on the basis of the law, first offered to organizational constituents of the State and, only after, to non-state entities.
The Office is the first institution in the modern history of the Czech Republic launching the formation of the Central State Property Register that has not been kept in the country since 1938 (or since 1918, as some experts insists).
Property acquiring according with the Act No. 219/2000 Coll., and with the Act No. 201/2002 Coll.
This engagement came over from the district authorities and from the Ministry of Finance of the Czech Republic at the day of establishment of the Office. This is the property in operative records (property fall to the state from the court decision).Unknown Ownership of Property
The Office has been looking for owners and fates of real estate registered in the land registry offices as "The owner unknown" since its establishment. This work is not only extensive, but also highly time-consuming. It cannot be expected to be completed in the next few years. Nevertheless, it continues regularly and constantly. The Office experts carry out extensive investigations in order to establish the respective owners.
Solving escheats cases
In the whole territory of the Czech Republic, the Office is engaged in the solution of escheat cases, cases when someone dies without a legal or testamentary heir. Based on a judical decision, legal advisors from the Office must be sent to monitor and register the property after the death of a person. Based on the legal regulations then in force, the Office shall manage the property to achieve financial gains for the State from its sale.
Treatment of the property
Buildings of former district authorities
According to Act No. 320/2002, the Office is responsible for the care of the buildings of former district authorities across the Czech Republic. One of priorities for the year 2005 is to accomplish the transfer of this real estate to other organizational state constituents, or in some cases to municipalities performing public administration and the aim is to be treat just about the buildings needed for the Office.
The property acquired in accordance with the government regulation No. 56/2003
In the year 2004 (from the 1st May to the end of the year) in relation with Czech Republic admission to the European Union and in accordance with the government regulation No. 56/2003, the Office took over 63 road froniter crossings that have so far been administred by the customs authorities.
The sale of unneeded state property
The unneeded property of the State is generally put up for sale in tenders. Other procedures, such as the sale to a bidder selected in advance are chosen in special cases - when selling co-ownership shares or real estate on someone else's plot of land. The essential aim of this property denationalization is the financial contribution to the treasury. As another method of publishing the bids, the Office is currently offering real estate for the public through its own website. The total value of the property to be denationalized in the next few years amounts to billions of Czech crowns, which will return to the treasury after the sale of the property.
The property converting to the legitimate persons from the law
The conversion of some category of property was executed by district authorities, and after its end the Office took over this duty. Here belong land conversion at residential, manufacturing and consumer cooperative.
The other groups of the property
Lands in extracting areas
Transfer of land plots in extracting areas to mining organizations - as stipulated by Act No. 150/2003 Coll., is primarily urgent in the regions of Moravia and Silesia and Ústí nad Labem. For example 60 per cent of land plots in the district of Karviná meet the requirements for being transferred to mining organizations. The Office records 130 demands of eligible subjects.
Landslides and incline deformations
This is the structures stabilizing incline deformations (landslides) caused generally by the high water in the year 1997 mostly in North Moravia.
Land plots under roads
Land plots under public roads, especially under the roads of the 2nd and 3rd class, represent a wide group of the property which the Office deals with.
The property in state landmark records
The Office is responsible for the care of 240 land plots and 154 buildings. The Office is offering this real estate to the Ministry of Culture. If the Ministry of Culture is not intrested in offered landmark, the Office will offer it to the other government constituents interested and after that to the municipalities. Just after that the Office will sell it in tender. Final approval with sale is given by the Ministry of Culture.
Privatization
The Office is processing with privatization. The prio rity is to finish up the privatization of the health service. The Office is cooperating with the Privatisation Commitee Board, Ministry of Health Service, Ministry of Environment, Czech Enviromental Inspectorate, Land fund, City of Prague and with other subjects.
Requisition the property with the Act No. 279/2003 Coll.
Based on Act No. 279/2003 Coll., the Office has been further authorized to administer the property seized in criminal proceedings since the start of this year. In practice, this means that the Office is involved in taking care of the seized property on the basis of a court decision, public prosecutor order, or court order. For the Office, it means not only storing the movable property seized, but also taking care of the real estate. The Office currently administers property in the value of ten of millions of Czech crowns. As a dramatic growth in the value of the property seized may be expected after the adoption of the law, the agenda and activities of specialists - Office employees - are expected to be very demanding.