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I. Country
Report |
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Contact person for provided information:  |
Address:
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Ivan Pešl
Survey and Cadastral Inspectorate in Opava
Head |
Praskova
11746 01 Opava
CZECH REPUBLIC
Email: ivan.pesl(at)cuzk.cz
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| Information provided on 5
Aug. 2003 |
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A.
Country Context |
Czech Republic
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Geographical Context:
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The Czech Republic is a small landlocked country, lying in the
central part of Europe. Its area of 78,866 square kilometres,
population of 10,289,621 people, and population density of 130
inhabitants per square kilometre rank the country on the 21st,
12th and 13th places among European countries, respectively. The
country's borders make up neighbourhood with Poland (762 km),
Germany (810 km), Austria (466 km) and Slovakia (252 km). 67%
of the country's whole territory can be found at an altitude of
up to 500m, 32% between 500 and 1,000m, and only 1% above 1,000m.
The average altitude of the Czech Republic is 430m.
The land fund according to land use is distributed as follows:
- 54% of total area is an agriculture land (arable land 39%,
gardens 2%, meadows and pastures 13%),
- 46% of total area is non-agriculture land (forests 33%, waters
2%, buildings and yards 2%, other land 9%)
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The former kingdom of Bohemia (Golden Age under Charles IV of
Luxembourg - the king of Bohemia and the Emperor of Rome and Germany)
lost his independence after the battle of the White Mountain in
1620 and began for next 300 years a mere province of Habsburg
monarchy, later the most industrial part of the Austrian-Hungarian
Monarchy. After the Word War I. in 1918 former Czechoslovakia
as an independent and democratic state (republic) of Czechs and
Slovaks was formed. During Word War II. Czechoslovakia was occupied
by Germany. After the war Czechoslovakia continued in its economic
and democratic development till the communist coup in1948, which
stopped democratic development for next forty years. After so
called "Velvet Revolution" in 1989 the process of liberation and
economic restoration begun. In 1993 former Czechoslovakia was
democratically divided into two independent states: the Czech
Republic and Slovakia. The Czech Republic should be a member state
of European Union in 2004.
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Current Political and Administrative
Structures:
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Political system in the Czech Republic is a parliamentary democracy
based on a free competition of political parties. According to
the Constitution legislative power, executive power and justice
are separated. The legislative power is carried out by elected
Parliament (two chambers). The central government consists of
several ministries and other central administration bodies with
competencies and responsibilities defined by law. On lower levels
of administration there are regional and municipal self-governments.
The justice consists of a system of independent courts.
The Czech Republic is administratively divided into 14 regions,
each region consisting of several districts (totally 77 districts).
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Historical Outline of Cadastral
System:
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Czech cadastre has its roots in former Austrian cadastre and Land
registry ("Grundbuch"). Modern era of cadastre and Land registration
is based on the Cadastral law from 1819, Civil Code from 1811
and the Land registration Act from 1871. This cadastre based on
a new mapping was designed solely for fiscal purposes of the state,
but since 1871 (new Land registration Act) the description and
presentation parcels in the cadastre was compulsory used in land
registration, later a copy of cadastral map was a part of Land
Registry. The Cadastre was administered and maintained by Ministry
of finance, Land Registry by Courts.
Next cadastral development was heavily influenced by political
events in last century:
- 1914 -1918 W.W.I. - Czechoslovakia formed in 1918
- 1919 - first land reform (confiscation and redistribution
of all landed property greater than 250 hectares)
- 1927 - new cadastral law (new modern mapping started)
- 1939 - 1945 W.W.II.
- 1945 - second land reform (confiscation and redistribution
landed property of enemies, traitors and collaborators)
- 1948 - communist coup (nationalization and collectivization
process started)
- 1951 - new Civil Code (compulsory land registration was abolished)
- 1964 - new Civil Code, new simplified cadastre (registration
of deeds within the new cadastre)
- 1989 - "velvet revolution" (fall of communist regime)
- 1991 - third land reform (mass process of restitution and
privatization)
- 1993 - Czech Republic formed, new cadastral legislation, cadastral
reform started
New cadastre of 1993 (registration of titles) unified former
Land Cadastre and Land Registry into one technically - legal tool
administered solely by survey authorities ("legal cadastre" kept
and maintained prevailingly by computer-based means).
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B.
Institutional Framework |
Czech Republic
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Government Organizations:
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The supreme administrative body is the Czech Office for
Surveying, Mapping and Cadastre (COSMC), which is a central
governmental body with a president (not a minister) in its head.
COSM is submitted directly to the government. There are 7
Surveying and Cadastral Inspectorates in regions and 77
Cadastral Offices in districts, which are subordinated
directly to COSMC.
Beside that there are two special institutions - the Land
Survey Office (geodetic control, state map series) and
the Research Institute for Geodesy, Topography and Cartography,
both subordinated to COSMC.
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Private Sector Involvement:
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The private sector is involved in maintaining the cadastre. Solely
private surveyors prepare all subdivision plans for the cadastre
and do all setting out boundaries (more than 100 thousand cases
per year).
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Professional Organization or
Association:
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Some of surveyors are associated in the Czech Union of Surveyors
and Cartographers (about 550 members). Beside that there
is the Chamber of Surveyors and Cartographers (with
only about150 members, because of absence of any practical advantages).
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According to the Survey Act private surveyors are entitled to
carry out survey activities on certain conditions. Enterprising
in this field are bound on trade license according
to the Trade Law. Education in surveying and praxis (5 years or
3 years in case of graduated surveyors) are basic conditions for
giving this license.
Beside that all results of survey activities used for the cadastre
and for the state map series must be verified by a person with
the official authorization. The Czech Office for
Surveying, Mapping and Cadastre can give this authorization to
a person fulfilling the following conditions: university degree
in surveying, five years of praxis, passing a special examination.
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There are 5 technical universities offering degrees in surveying
(5 year study). Average annual number of graduating students is
about 150.
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C. Cadastral System |
Czech Republic
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Purpose of Cadastral System:
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Present cadastral system works as a multipurpose tool (first of
all for legal and fiscal purposes, but the cadastral data are
generally used in planning, for making decision of local government
and for all land oriented information systems).
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Types of Cadastral Systems:
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"The Cadastre of Real Estates of the Czech Republic" covers all
the territory of the state. No other cadastre dealing real estates
exists. There are a great amount of specialized or local (towns,
municipalities) information systems, but they all take over and
use data from the cadastre (because legally binding).
Problems with informal or illegal settlements are unknown.
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The main unit in the cadastral system is a parcel.
A parcel is defined in law as a piece of land delimited by its
boundaries and represented in a cadastral map. Every parcel has
its unique parcel number within so called "cadastral unit". Buildings
with yards are usually individual parcels.
Cadastral unit is an area of original municipality
delimited by its boundaries and represented in cadastral map.
The first cadastral mapping was done and documentation was arranged
within this units. Every cadastral unit has its unique name (usually
the name of village or town). Bigger towns usually consist of
more than one cadastral unit.
Property consists usually of several parcels (e.g.
house and garden). Since the object of registration is a parcel,
not a property as a whole, a property is registered as a set of
individual parcels.
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Content of Cadastral System:
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The present cadastre covers in one complex tool land cadastre
(parcels with detailed information about types and areas of plots,
building numbers, land use, tax information, selected information
about preservation, etc.) and land registry (with detailed information
about titles and other rights, owners and their identifiers and
addresses).
The cadastre consists of descriptive information file, geodetic
information files (cadastral maps and their digital data, if any),
survey documentation, collection of deeds, and summary surveys
of the land fund.
The descriptive information file is fully computerized (100%),
the geodetic information file (cadastral maps) are under digitization
(about 25% completed).
The cadastre co-operates with several other public registers,
e.g. with the Register of Citizens (ID numbers and addresses of
natural persons) and the Register of Economic Subjects (ID numbers,
and addresses of legal persons).
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D. Cadastral Mapping |
Czech Republic
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Cadastral Map:
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Currently, there are two kinds of cadastral maps in use: a) old
maps on plastic foils at historical scale 1: 2880 (covering about
70% of land) and b) newer cadastral maps at scale 1:1000 or 1:2000
(30%). Both types of maps are being digitized (about 25% completed).
Old graphical cadastral maps 1:2880 in old geographic system
(origin from 1835-1855) have been re-drawn on plastic foils. Newer
cadastral maps 1:1000 or 1:2000 in present national system (after
1927) have been practically digitized and are kept and maintained
by computer-based means.
Contents of cadastral map: geodetic control, boundaries (administrative
boundaries, boundaries of cadastral units, boundaries of ownership,
land use and preservation areas, perimeters of buildings), parcel
numbers, land use symbols, numbers of geodetic control, cartographic
symbols, place and local names.
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Example of a Cadastral Map:
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Fig. 1: A specimen of the old graphical cadastral map 1:2880.

Fig. 2: A specimen of newer map 1:1000 - digital cadastral map.
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Role of Cadastral Layer in SDI:
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Cadastral data including cadastral maps are widely used in national,
municipal, local and specialized information systems. Cadastral
layer is a part of nearly all land oriented information systems.
In some cases (when digital cadastral maps are not available)
a simple digitization for the purpose of the IS has been carried
out.
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E. Reform Issues |
Czech Republic
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Cadastral Issues:
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The main problem of the cadastre - digitization of old graphical
maps - still remains. The graphical maps represent more
than 60% of cadastral maps. Technology of their overworking enabling
further maintaining as a digital cadastral map has been developed
and tested, but final decision has not been made. Missing digitization
of those maps lowers the level of remote access to the cadastre
in a significant way. On the other hand, the result of overworking
should enable easy and reliable surveying work in the national
coordinate system.
Never ending story is, of course, a financing the
cadastre. Present state is sufficient and enables further indispensable
development, but problems are in planned income. Income of the
cadastre is an income of state budget. Remote access via Internet
has been paid even by public sphere. The Ministry of Informatics
asks for remote access to cadastral data free of charge for everybody.
It is impossible without a certain investment into technology
and a rEducation of planned income.
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Reorganization of organizational structure of the COSMC is being
prepared. Instead of present 77 Cadastral Offices only 14 Cadastral
Offices (with many working places in districts) will be arranged.
The reorganization comprises also a mild rEducation of employees
and a rigorous separation of cadastral and surveying activities.
As a result of legislation activities there are a new Regulation
on providing cadastral data (modified condition of remote access
to cadastral data, access to data via every standard Post Office),
some amendments to the Survey and Cadastral Administration Act
(reorganization), and amendments to the Survey Act. A quite new
complex Cadastral Law was submitted to the government (in connection
with a newly prepared Civil Code).
Wider use of free of charge remote access to cadastral data via
Internet is under discussion with the Ministry of Finance and
the Ministry of Informatics.
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References |
Czech Republic
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- Pesl, I., 2000. Five years of Cadastral Reform in the Czech
Republic. Survey Revue, 35(276): 398 - 411.
- Pesl,
I., Slaboch, V., 2002. Ten years of Cadastral Reform in the
Czech Republic: From defective cadastre to Internet access to
reliable cadastral and land registry data. Proceedings
of the XXII FIG International Congress, April 19-26, 2002, Washington
D.C., USA
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