Detailed Information on Publication Record

VOMÁČKA, Vojtěch and Jan LEICHMANN. Czech Republic: An Open Market Dominated by Large Owners. Online. In Szilágyi, J. E. (ed.). Acquisition of Agricultural Lands – Crossborder Issues from a Central European Perspective. Miskolc – Budapest: Central European Academic Publishing, 2022, p. 127-143. Legal Studies on Central Europe. ISBN 978-615-6474-08-7. Available from: https://dx.doi.org/10.54171/2022.jesz.aoalcbicec.

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TY  - CHAP
ID  - 2221258
AU  - Vomáčka, Vojtěch - Leichmann, Jan
PY  - 2022
TI  - Czech Republic: An Open Market Dominated by Large Owners
VL  - Legal Studies on Central Europe
PB  - Central European Academic Publishing
CY  - Miskolc – Budapest
SN  - 9786156474087
KW  - Czech land law
KW  - acquisition of land
KW  - agricultural land
KW  - restitution
KW  - preemptive right
UR  - http://real.mtak.hu/154764/1/CEALSCEPhD05AcquisitionofAgriculturalLands06e-konyv.pdf
N2  - This chapter focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe this topic in its historical and property law context since the privatization of agricultural land after 1989 still concerns its transfer from the state to private individuals. Furthermore, transfers of agricultural land were restricted on the basis of nationality until being gradually abolished after the Czech Republic joined the European Union in 2004. First, the chapter describes the Czech concept of agriculture and agricultural land and the general legal framework of both protection and transfer of agricultural land. Then, restrictions on the cross-border acquisition of agricultural land are analyzed in the context of land restitution and specific measures toward foreign investors. A separate subchapter is devoted to the application of the preemption right of the state. The last part introduces the general requirements on the transfer of agricultural land, with a particular focus on the evidence in the Real Estate Register. Additional requirements for the transfer of state-owned land are described with details on priority transfers of agricultural land, sales by public offer, and public tender. The authors conclude that, currently, the only major obstacle to the cross-border acquisition of agricultural land in the Czech Republic is the state’s preemption right, which applies only to selected land, particularly in protected natural areas. Transfers of state-owned agricultural land are governed by special rules, which, however, do not in principle restrict interested parties from other states within the EU or the European Economic Area. Neither do they distinguish between persons residing or established in the Czech Republic and in another member state, nor do they differentiate between the requirements for conducting agricultural activities.
ER  -

Basic information
Original name	Czech Republic: An Open Market Dominated by Large Owners
Authors	VOMÁČKA, Vojtěch (203 Czech Republic, guarantor, belonging to the institution) and Jan LEICHMANN (203 Czech Republic, belonging to the institution).
Edition	Miskolc – Budapest, Acquisition of Agricultural Lands – Crossborder Issues from a Central European Perspective, p. 127-143, 17 pp. Legal Studies on Central Europe, 2022.
Publisher	Central European Academic Publishing

Other information
Original language	English
Type of outcome	Chapter(s) of a specialized book
Field of Study	50501 Law
Country of publisher	Hungary
Confidentiality degree	is not subject to a state or trade secret
Publication form	electronic version available online
WWW	Open access knihy
RIV identification code	RIV/00216224:14220/22:00126778
Organization unit	Faculty of Law
ISBN	978-615-6474-08-7
Doi	http://dx.doi.org/10.54171/2022.jesz.aoalcbicec
Keywords in English	Czech land law; acquisition of land; agricultural land; restitution; preemptive right
Tags	rivok
Tags	International impact, Reviewed
Changed by	Changed by: Mgr. Petra Georgala, učo 32967. Changed: 23/3/2023 10:35.

Abstract
This chapter focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe this topic in its historical and property law context since the privatization of agricultural land after 1989 still concerns its transfer from the state to private individuals. Furthermore, transfers of agricultural land were restricted on the basis of nationality until being gradually abolished after the Czech Republic joined the European Union in 2004. First, the chapter describes the Czech concept of agriculture and agricultural land and the general legal framework of both protection and transfer of agricultural land. Then, restrictions on the cross-border acquisition of agricultural land are analyzed in the context of land restitution and specific measures toward foreign investors. A separate subchapter is devoted to the application of the preemption right of the state. The last part introduces the general requirements on the transfer of agricultural land, with a particular focus on the evidence in the Real Estate Register. Additional requirements for the transfer of state-owned land are described with details on priority transfers of agricultural land, sales by public offer, and public tender. The authors conclude that, currently, the only major obstacle to the cross-border acquisition of agricultural land in the Czech Republic is the state’s preemption right, which applies only to selected land, particularly in protected natural areas. Transfers of state-owned agricultural land are governed by special rules, which, however, do not in principle restrict interested parties from other states within the EU or the European Economic Area. Neither do they distinguish between persons residing or established in the Czech Republic and in another member state, nor do they differentiate between the requirements for conducting agricultural activities.

Abstract

This chapter focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe this topic in its historical and property law context since the privatization of agricultural land after 1989 still concerns its transfer from the state to private individuals. Furthermore, transfers of agricultural land were restricted on the basis of nationality until being gradually abolished after the Czech Republic joined the European Union in 2004. First, the chapter describes the Czech concept of agriculture and agricultural land and the general legal framework of both protection and transfer of agricultural land. Then, restrictions on the cross-border acquisition of agricultural land are analyzed in the context of land restitution and specific measures toward foreign investors. A separate subchapter is devoted to the application of the preemption right of the state. The last part introduces the general requirements on the transfer of agricultural land, with a particular focus on the evidence in the Real Estate Register. Additional requirements for the transfer of state-owned land are described with details on priority transfers of agricultural land, sales by public offer, and public tender. The authors conclude that, currently, the only major obstacle to the cross-border acquisition of agricultural land in the Czech Republic is the state’s preemption right, which applies only to selected land, particularly in protected natural areas. Transfers of state-owned agricultural land are governed by special rules, which, however, do not in principle restrict interested parties from other states within the EU or the European Economic Area. Neither do they distinguish between persons residing or established in the Czech Republic and in another member state, nor do they differentiate between the requirements for conducting agricultural activities.