Saturday, 21. september 2019

Tasks of the Office

Legal representation and proceedings
In accordance with Act No. 201/2002, the Office for Government Representation in Property Affairs (OGRPA) represents the Czech Republic, its governmental constituents and municipalities by acting for them in court hearings and similar proceedings and provides legal advice regarding property-related matters according to the demand of other government constituents and state organizations.
 
Exclusive proceedings of the OGRPA
In these cases, stated by Act No. 201/2002, the OGRPA ascends for the government exclusively in court hearings and similar proceedings in state property matters instead of the government constituent appropriate to manage the given property.
 
Concluded proceedings
The OGRPA can conclude with an appropriate government constituent that it will proceed in court hearings and similar proceedings in property matters instead of that constituent.
 
Accessory engagement
The OGRPA can in civil court hearings ascend for government as accessory privy in any case of property-matters managed by a government constituent or Land Fund of the Czech Republic, provided the state has a legal interest in the result of such hearings. The OGRPA is also authorized to provide legal assistance to municipalities in certain cases. 
 
Legal proceedings given the management of state property
The OGRPA can act in court hearings and similar proceedings since the OGRPA is the government constituent responsible for managing state property in accordance with Act No. 219/2000.
 
Property management
The OGRPA manages large amounts of state property. The catalogue of real estate property in the portfolio of the OGRPA alone has over one hundred thousand items. The methods of state property management are strictly stipulated by legal regulations.
The task of the OGRPA is to administer only the property that is necessary or strategic for the state, or which represents continual benefits for the state in the future. Any unneeded property is, on the basis of the law, first offered to organizational constituents of the state and, afterwards, if unneeded by the state, to non-state entities.
 
Property from escheats
In the entire territory of the Czech Republic, the OGRPA is engaged in the solution of escheat cases, the cases of the deceased without legal or testamentary heirs. Based on a judicial decision, legal advisors from the OGRPA are sent to monitor and register property after the decease. Based on legal regulations, the OGRPA shall manage the property to achieve financial gain for the state from its sale.
 
Traced Property
The OGRPA is tasked with tracing owners and history of real estate initially registered in the Czech land registry as "Owner unknown". This work is not only extensive, but also highly time-consuming. Completion of this project cannot be expected in the next several years. Nevertheless, the project continues with regularity and constancy. OGRPA experts carry out extensive investigations in order to establish all respective property owners.
 
Managing specific kinds of property
According to Act No. 320/2002, the OGRPA acquired the property of the abolished district authorities on January 1st, 2003. The property portfolio consisted of approximately 250,000 real estate sites and of 250,000 movables. The task of the OGRPA is to transfer the property to the respective state institutions (land beneath roads to the Road and Motorway Directorate of the Czech Republic or to regional public offices, forests to the State Forests company etc.) and to sell any property unneeded by the state to private persons. This task constitutes a large majority of the activities of the OGRPA.
 
Managing public administrative buildings
According to Act No. 320/2002, the OGRPA is also responsible for caring for the administrative buildings of the former district authorities across the Czech Republic. One of our priorities is to accomplish the transfer of this real estate to other state administration constituents or in some cases to municipalities with public administration duties. The aim is to administer only the buildings required by the OGRPA. The administrative buildings not needed by neither the state nor the municipalities are sold to private persons.
 
Sales of unneeded state property
Any unneeded state property is generally put up for sale in tenders. Other procedures, such as the sale to one specific bidder, are chosen in special cases - when selling co-ownership shares or in the case of real estate on plots of land not owned by the state. The important aim of this property de-nationalization is the financial contribution to the treasury. As another method of publishing the bids, the OGRPA is currently offering real estate for sale to the public on its own website (Nabídka majetku).
 
Property transfers to persons legitimated by law
This category encompasses land transfers to residential, manufacturing and consumer cooperatives or other subjects which fulfil the legal conditions.
 
Land in mining areas
Transfers of land plots in mining areas to mining companies - as stipulated by Act No. 150/2003, these are mainly necessary in the regions around the cities Ostrava and Usti nad Labem. For example, 60 % of land plots in the district Karvina meet the requirements for transfer to mining companies. The OGRPA records more than one hundred demands by eligible subjects.
 
Land plots beneath roads
Land plots beneath public roads, especially those beneath roads of 2nd and 3rd class, represent a wide group of property the OGRPA deals with. The task of the OGRPA is to transfer this land to the Regional administration.
 
Cultural heritage property
The OGRPA manages some cultural heritage sites. The OGRPA offers this real estate to the Ministry of Culture. If the Ministry of Culture is not interested in the offered buildings or land, the OGRPA offers them to the other government constituents interested and after that to the municipalities. If declined by the state administration as well as by local authorities, the OGRPA will sell these sites in tender.
 
Seizing property in criminal proceedings
Based on Act No. 279/2003, the OGRPA has since 2004 been further authorized to administer property seized in criminal proceedings. In practice this means that the OGRPA is involved in taking care of the property seized on the basis of a court ruling, public prosecution order, or court order. For the OGRPA this means not only storing the secured movable property, but also maintaining the real estate. The OGRPA currently administers property of the value in the order of tens of millions of Czech crowns.
 
Contracts on private housing construction
Private housing construction subsidies on a contractual basis have been provided by the state since 1986. Provided the contractual conditions are met, the state’s financial contribution is non-refundable. The builder must return the subsidy only if he/she violates the contractual terms. This primarily includes: the obligation to build the real estate in accordance with a building permit; to have construction approved within a given period; to use the real estate for permanent residence and not to sell it within 10 years. Monitoring of the contracts by OGRPA means that when a claim arises, the OGRPA manages it as any other receivable.
 
Coordination of dislocations in public administrative buildings
The Government established the Regional Dislocation Commissions in 2006. The chairmen of the commissions are directors of the respective regional offices of the OGRPA.
Experience has proved that the dislocation commissions help to improve the efficiency of property disposal, as well as the placement of state institutions. To optimize the use of this property, it is necessary to carry out a review of the use of administrative buildings in state ownership and to determine normative use according to activity types.